Liquid Waste Synopsis Solicitation.pdf

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6 as supplemented with additional information in this notice. This announcement constitutes the only solicitation, quotes are being requested and a written solicitation will not be issued.

The solicitation is issued as a request for quotations (RFQ).

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2020-08.

Set Aside, NAICS Code & Size Standard: This solicitation is set-aside 100% for Small Business. The NAICS Code 562991 and the applicable size standard is $7.5 Million.

A list of contract line item number(s) and items, quantities and units of measure:

Please see attached bid schedule on page 04

Description of requirements for the items to be acquired: Work to be performed under this contract consists of furnishing all labor, equipment, materials and supplies necessary to perform sewage pump-out and debris removal, washdown and addtion of fresh water to vault toilets, and to pump sewage from septic tanks, holding tanks, and treatment facilities located on the Table Rock Lake Project and dispose of pumped effluent at approved state sites. Most pumping will be on as needed basis based on the amount of usage an area receives.

Date(s) and place(s) of delivery/acceptance and FOB point:

Base Year 15 September 2020 through 14 September 2021 Option Year 1 15 September 2021 through 14 September 2022 Option Year 2 15 September 2022 through 14 September 2023 Option Year 3 15 September 2023 through 14 September 2024 Option Year 4 15 September 2023 through 14 September 2025

The place of performance will be the Table Rock Project Office, Branson, Taney County, Arkansas

The provision at 52.212-1, Instructions to Offerors -- Commercial, applies to this acquisition and a statement regarding any addenda to the provision. Offerors are also required to submit a completed copy of the Request for Quotation cover page on page 03 , and a completed copy of the pricing schedule beginning on page 04 .

The provision at 52.212-2, Evaluation -- Commercial Items, is not applicable to this solicitation. Award will be based solely on price.

Offerors are required to include a completed copy of the provision at 52.212-3 Alt I, Offeror Representations and Certifications -- Commercial Items, with its quote.

The clause at 52.212-4, Contract Terms and Conditions -- Commercial Items, applies to this acquisition and is included by reference.

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The clause at 52.212-5, Contract Terms and Conditions Required To Implement Statutes Or Executive Orders -- Commercial Items, applies to this acquisition and is included in full text. Please see the Clauses Incorporated By Reference section for additional FAR Clauses applicable to this acquisition.

Due to COVID-19 travel restrictions and CDC social distancing recommendations, a formal site visit is not scheduled. If the included PWS, maps, drawings, and photos are insufficient to prepare your price quotation, please contact Mr. Larry Hurley at 501 340-1939 to arrange a site visit.

Quotes are due on Wednesday, August 27, 2020 at 10:00 am CDST. Email submission of quotations are preferred in pdf format, however FAX, Mail, or Hand-delivered submissions are allowed.

Required Documents to Submit

1. Request for Quotation cover page (signed)

2. Completed (filled in) Provisions and Clauses as applicable

3. Quote Schedule with unit prices and total prices

4. Signed Amendments (if applicable)

FAX: 501-324-5137

EMAIL: scott.k.solomon@usace.army.mil

If sending by mail or hand-delivering. Please submit your quotes to: US Army Corps of Engineers, Attn: Scott K. Solomon, 700 W. Capitol Avenue Room 7315, Little Rock, AR 72203

If you have any questions regarding this solicitation, please contact Mr. Scott K.

Solomon at 501-340-1279 or Mr. Jonathan J. Sawrie at 501-340-1045 or submit an email to:

Scott.k.solomon@usace.army.mil or jonathan.j.sawrie@usace.army.mil

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REQUEST FOR QUOTATION COVER PAGE

US Army Corps of Engineer, Little Rock District

Contracting Division

700 W. Capitol Avenue Room 7315

Little Rock, AR 72201

W9127S-20-Q-0027, Liquid Waste Contract, Table Rock Project Office

Submitted by

Offeror Name:

Offeror Address:

Street

City/State

Offeror Email Address:

Cage Code:

DUNS Number:

TIN:

Telephone Number:

Signature:

Date:

Total Contract Amount: $

BID SCHEDULE

SEWAGE PUMPING CONTRACT FOR TABLE ROCK LAKE

SUPPLIES OR SERVICES AND PRICES/COSTS

Base Period Provide services to remove and dispose of sewage and perform inspections and preventative maintenance of specified sewage treatment facilities as described in the PWS 15 September 2020 or date of award if after 15 September 2020 through 14

September 2021, for various parks on the Table Rock Lake Project.

DESCRIPTION QUANTITY U/M PRICE PRICE

0001 Pump all Aunts Creek

Sand Filter Tank 1 EA __.___ ___.___

0002 Pump Aunts Creek

Park Attendant 1Tank 1 EA __.___ ___.___

0003 Pump, Clean, and add water 1 EA __.___ ___.___

To Baxter Vault Toilet

0004 Pump Baxter Park

Attendant Site 1 EA __.___ ___.___

0005 Pump all WWTP

Tanks at Baxter 2 EA __.___ ___.___

0006 Pump, Clean, and Add

Water to Big M Vault

Toilet 1 EA __.___ ___.___

0007 Pump all WWTP Tanks

At Big M. 2 EA __.___ ___.___

0008 Pump Big M Park Att

Site Tank 1 EA __.___ ___.___

0009 Pump All Tanks at

Campbell Point Dump

Station 1 EA __.___ ___.___

0010 Pump Tank at Campbell

Point CXT Shower 1 EA __.___ ___.___

0011 Pump Tank at Block

Campbell Point Shower 1 EA __.___ ___.__

0012 Pump Tank at Campbell

Point Park Attendant Site 1 EA __.___ ___.___

0013 Pump Tank at Campbell

Point Cleaning Attendant

Site 1 EA __.___ ___.___

0014 Pump all WWTP Tanks

At Campbell Point 2 EA __.___ ___.___

0015 Pump all WWTP

Tanks at Cape Fair 1 EA __.___ ___.___

0016 Pump Cape Fair Park

Attendant 1, 2, and

Cleaning Attendant Sites 1 EA __.___ ___.___

0017 Pump Cape Fair Dump

Station Tank 1 EA __.___ ___.___

0018 Pump Cape Fair Old

Shower house Tank 1 EA __.___ ___.___

0019 Pump Cricket Creek Park

Attendant Site 1 EA __.___ ___.___

0020 Pump Tank at the

Cricket Creek Dump

Station 3 EA __.___ ___.___

0021 Pump, Clean, and Add

Water to Cricket Creek

Vault Toilet 1 EA __.___ ___.___

0022 Pump Tank at Cricket

Creek Shower house 3 EA __.___ ___.___

0023 Pump out all Tanks at Eagle Rock

Dump Station 3 EA __.___ ___.___

0024 Pump Eagle Rock Park

Attendant Tank 1 EA __.___ ___.___

0025 Pump Eagle Rock

Cleaning Attendant Tank 3 EA __.___ ___.___

0026 Pump Eagle Rock

Shower house Tank 1 EA __.___ ___.___

0027 Pump Eagle Rock

Water Borne Toilet Tank 1 EA __.___ ___.___

0028 Pump Indian Point Water

Borne Toilet Tank 1 EA __.___ ___.___

0029 Pump All Tanks

Associated with Both Indian

Point Advanced Drip Fields.

This will include the Sludge

Tanks behind the Dump

Station 3 EA __.___ ___.___

0030 Pump All 4 System Tanks

At Mill Creek 1 EA __.___ ___.___

0031 Pump Mill Creek Dump

Station Tanks 3 EA __.___ ___.___

0032 Pump, Clean, and Add

Water to Old 86 Vault 1 EA __.___ ___.___

0033 Pump Both Tanks at Old

86 Shower house 2 EA __.___ ___.___

0034 Pump, Clean, and Add

Water to the Viola Vault

Toilet 1 EA __.___ ___.___

0035 Pump all Tanks Associated

With the Advanced System

At Viola including the Tanks

Directly Behind the Shower

House. 2 EA __.___ ___.___

0036 Service Call Pump Out

Up to 2500 Gallons Per

Call out. One Call will

Be for One Location but

Possibly more than one

Tank. 25 EA __.___ ___.___

First Option Provide services to remove and dispose of sewage and perform inspections and preventative maintenance of specified sewage treatment facilities as described in the PWS 15 September 2021 through 14 September 2022, for various parks on the Table

Rock Lake Project.

UNIT ESTMTD

DESCRIPTION QUANTITY U/M PRICE PRICE

1001 Pump, Clean, and add water 1 EA __.___ ___.___

To Baxter Vault Toilet

1002 Pump all WWTP Tanks

At Baxter. 2 EA __.___ ___.___

1003 Pump, Clean, and Add

Water to Big M Vault

Toilet 1 EA __.___ ___.___

1004 Pump all WWTP Tanks

At Big M. 2 EA __.___ ___.___

1005 Pump All Tanks at

Campbell Point Dump

Station 1 EA __.___ ___.___

1006 Pump Tank at Campbell

Point Park Attendant Site 1 EA __.___ ___.___

1007 Pump all WWTP Tanks

At Campbell Point. 2 EA __.___ ___.___

1008 Pump all WWTP Tanks

At Cape Fair. 1 EA __.___ ___.___

1009 Pump Cape Fair Old

Shower house Tank 1 EA __.___ ___.___

1010 Pump Tank at the

Cricket Creek Dump

Station 3 EA __.___ ___.___

1011 Pump Tank at Cricket

Creek Shower house 3 EA __.___ ___.___

1012 Pump, Clean, and Add

Water to Cricket Creek

Vault Toilet 1 EA __.___ ___.___

1013 Pump out all Tanks at Eagle Rock

Dump Station 3 EA __.___ ___.___

1014 Pump Eagle Rock

Cleaning Attendant Tank 3 EA __.___ ___.___

1015 Pump Indian Point Water

Borne Toilet Tank 1 EA __.___ ___.___

1016 Pump All Tanks

Associated with Both Indian

Point Advanced Drip Fields.

This will include the Sludge

Tanks behind the Dump

Station 3 EA __.___ ___.___

1017 Pump Mill Creek Dump

Station Tanks 3 EA __.___ ___.___

1018 Pump, Clean, and Add

Water to Old 86 Vault 1 EA __.___ ___.___

1019 Pump Both Tanks at Old

86 Shower house 2 EA __.___ ___.___

1020 Pump, Clean, and Add

Water to the Viola Vault

Toilet 1 EA __.___ ___.___

1021 Pump all Tanks Associated

With the Advanced System

At Viola including the Tanks

Directly Behind the Shower

House. 2 EA __.___ ___.___

1022 Service Call Pump Out

Up to 2500 Gallons Per

Call out. One Call will

Be for One Location but

Second Option preventative maintenance of specified sewage treatment facilities as described in the PWS 15 September 2022 through 14 September 2023, for various parks on the Table

Rock Lake Project.

UNIT ESTMTD

DESCRIPTION QUANTITY U/M PRICE PRICE

2001 Pump, Clean, and add water 1 EA __.___ ___.___

To Baxter Vault Toilet

2002 Pump all WWTP Tanks

At Baxter. 2 EA __.___ ___.___

2003 Pump, Clean, and Add

Water to Big M Vault

Toilet 1 EA __.___ ___.___

2004 Pump all WWTP Tanks

At Big M. 2 EA __.___ ___.___

2005 Pump All Tanks at

Campbell Point Dump

Station 1 EA __.___ ___.___

2006 Pump Tank at Campbell

Point Park Attendant Site 1 EA __.___ ___.___

2007 Pump all WWTP Tanks

At Campbell Point. 2 EA __.___ ___.___

2008 Pump all WWTP Tanks

At Cape Fair. 1 EA __.___ ___.___

2009 Pump Cape Fair Old

Shower house Tank 1 EA __.___ ___.___

2010 Pump Tank at the

Cricket Creek Dump

Station 3 EA __.___ ___.___

2011 Pump Tank at Cricket

2012 Pump, Clean, and Add

Vault Toilet 1 EA __.___ ___.___

2013 Pump out all Tanks at Eagle Rock

Dump Station 3 EA __.___ ___.___

2014 Pump Eagle Rock

Cleaning Attendant Tank 3 EA __.___ ___.___

2015 Pump Indian Point Water

Borne Toilet Tank 1 EA __.___ ___.___

2016 Pump All Tanks

Associated with Both Indian

Point Advanced Drip Fields.

This will include the Sludge

Tanks behind the Dump

Station 3 EA __.___ ___.___

2017 Pump Mill Creek Dump

Station Tanks 3 EA __.___ ___.___

2018 Pump, Clean, and Add

Water to Old 86 Vault 1 EA __.___ ___.___

2019 Pump Both Tanks at Old

86 Shower house 2 EA __.___ ___.___

2020 Pump, Clean, and Add

Water to the Viola Vault

Toilet 1 EA __.___ ___.___

2021 Pump all Tanks Associated

With the Advanced System

At Viola including the Tanks

Directly Behind the Shower

House. 2 EA __.___ ___.___

2022 Service Call Pump Out

Up to 2500 Gallons Per

Call out. One Call will

Be for One Location but

Third Option preventative maintenance of specified sewage treatment facilities as described in the PWS 15 September 2023 through 14 September 2024, for various parks on the Table

Rock Lake Project.

DESCRIPTION QUANTITY U/M PRICE PRICE

3001 Pump all Aunts Creek

Sand Filter Tank 1 EA __.___ ___.___

3002 Pump Aunts Creek

Park Attendant 1Tank 1 EA __.___ ___.___

3003 Pump, Clean, and add water 1 EA __.___ ___.___

To Baxter Vault Toilet

3004 Pump Baxter Park

Attendant Site 1 EA __.___ ___.___

3005 Pump all WWTP

Tanks at Baxter 2 EA __.___ ___.___

3006 Pump, Clean, and Add

Water to Big M Vault

Toilet 1 EA __.___ ___.___

3007 Pump all WWTP Tanks

At Big M. 2 EA __.___ ___.___

3008 Pump Big M Park Att

Site Tank 1 EA __.___ ___.___

3009 Pump All Tanks at

Campbell Point Dump

Station 1 EA __.___ ___.___

3010 Pump Tank at Campbell

Point CXT Shower 1 EA __.___ ___.___

3011 Pump Tank at Block

Campbell Point Shower 1 EA __.___ ___.__

3012 Pump Tank at Campbell

Point Park Attendant Site 1 EA __.___ ___.___

3013 Pump Tank at Campbell

Point Cleaning Attendant

Site 1 EA __.___ ___.___

3014 Pump all WWTP Tanks

At Campbell Point 1 EA __.___ ___.___

3015 Pump all WWTP

Tanks at Cape Fair 1 EA __.___ ___.___

3016 Pump Cape Fair Park

Attendant 1, 2, and

Cleaning Attendant Sites 1 EA __.___ ___.___

3017 Pump Cape Fair Dump

Station Tank 1 EA __.___ ___.___

3018 Pump Cape Fair Old

Shower house Tank 1 EA __.___ ___.___

3019 Pump Cricket Creek Park

Attendant Site 1 EA __.___ ___.___

3020 Pump Tank at the

Cricket Creek Dump

Station 3 EA __.___ ___.___

3021 Pump, Clean, and Add

Water to Cricket Creek

Vault Toilet 1 EA __.___ ___.___

3022 Pump Tank at Cricket

Creek Shower house 3 EA __.___ ___.___

3023 Pump out all Tanks at Eagle Rock

Dump Station 3 EA __.___ ___.___

3024 Pump Eagle Rock Park

Attendant Tank 1 EA __.___ ___.___

3025 Pump Eagle Rock

Cleaning Attendant Tank 3 EA __.___ ___.___

3026 Pump Eagle Rock

Shower house Tank 1 EA __.___ ___.___

3027 Pump Eagle Rock

Water Borne Toilet Tank 1 EA __.___ ___.___

3028 Pump Indian Point Water

Borne Toilet Tank 1 EA __.___ ___.___

3029 Pump All Tanks

Associated with Both Indian

Point Advanced Drip Fields.

This will include the Sludge

Tanks behind the Dump

Station 3 EA __.___ ___.___

3030 Pump All 4 System Tanks

At Mill Creek 1 EA __.___ ___.___

3031 Pump Mill Creek Dump

Station Tanks 3 EA __.___ ___.___

3032 Pump, Clean, and Add

Water to Old 86 Vault 1 EA __.___ ___.___

3033 Pump Both Tanks at Old

86 Shower house 2 EA __.___ ___.___

3034 Pump, Clean, and Add

Water to the Viola Vault

Toilet 1 EA __.___ ___.___

3035 Pump all Tanks Associated

With the Advanced System

At Viola including the Tanks

Directly Behind the Shower

House. 2 EA __.___ ___.___

3036 Service Call Pump Out

Up to 2500 Gallons Per

Call out. One Call will

Be for One Location but

Fourth Option preventative maintenance of specified sewage treatment facilities as described in the PWS 15 September 2024 through 14 September 2025, for various parks on the Table

Rock Lake Project.

UNIT ESTMTD

DESCRIPTION QUANTITY U/M PRICE PRICE

4001 Pump, Clean, and add water 1 EA __.___ ___.___

To Baxter Vault Toilet

4002 Pump all WWTP Tanks

At Baxter. 1 EA __.___ ___.___

4003 Pump, Clean, and Add

Water to Big M Vault

Toilet 1 EA __.___ ___.___

4004 Pump all WWTP Tanks

At Big M. 2 EA __.___ ___.___

4005 Pump All Tanks at

Campbell Point Dump

Station 1 EA __.___ ___.___

4006 Pump Tank at Campbell

Point Park Attendant Site 1 EA __.___ ___.___

4007 Pump all WWTP Tanks

At Campbell Point. 1 EA __.___ ___.___

4008 Pump all WWTP Tanks

At Cape Fair. 1 EA __.___ ___.___

4009 Pump Cape Fair Old

Shower house Tank 1 EA __.___ ___.___

4010 Pump Tank at the

Cricket Creek Dump

Station 3 EA __.___ ___.___

4011 Pump Tank at Cricket

4012 Pump, Clean, and Add

Vault Toilet 1 EA __.___ ___.___

4013 Pump out all Tanks at Eagle Rock

Dump Station 3 EA __.___ ___.___

4014 Pump Eagle Rock

Cleaning Attendant Tank 3 EA __.___ ___.___

4015 Pump Indian Point Water

Borne Toilet Tank 1 EA __.___ ___.___

4016 Pump All Tanks

Associated with Both Indian

Point Advanced Drip Fields.

This will include the Sludge

Tanks behind the Dump

Station 3 EA __.___ ___.___

4017 Pump Mill Creek Dump

Station Tanks 3 EA __.___ ___.___

4018 Pump, Clean, and Add

Water to Old 86 Vault 1 EA __.___ ___.___

4019 Pump Both Tanks at Old

86 Shower house 2 EA __.___ ___.___

4020 Pump, Clean, and Add

Water to the Viola Vault

Toilet 1 EA __.___ ___.___

4021 Pump all Tanks Associated

With the Advanced System

At Viola including the Tanks

Directly Behind the Shower

House. 2 EA __.___ ___.___

4022 Service Call Pump Out

Up to 2500 Gallons Per

Call out. One Call will

Be for One Location but

W9127S20Q0064

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job

FY20-TRPO-LIQUID WASTE CONTRACT NEW BID

FFP

--- PROJECT NO.: 476792

FOB: Destination

MILSTRIP: W41XDE01611183

PURCHASE REQUEST NUMBER: W41XDE01611183

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A N/A N/A Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 N/A N/A N/A N/A

CLAUSES INCORPORATED BY REFERENCE

52.203-19 Prohibition on Requiring Certain Internal Confidentiality

Agreements or Statements

JAN 2017

52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUN 2020

52.204-13 System for Award Management Maintenance OCT 2018

52.204-16 Commercial and Government Entity Code Reporting JUL 2016

52.204-18 Commercial and Government Entity Code Maintenance JUL 2016

52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.209-10 Prohibition on Contracting With Inverted Domestic

Corporations

NOV 2015

52.212-1 Instructions to Offerors--Commercial Items JUN 2020

52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018

52.216-23 Execution And Commencement Of Work APR 1984

52.216-24 Limitation Of Government Liability APR 1984

52.216-25 Contract Definitization OCT 2010

52.217-5 Evaluation Of Options JUL 1990

52.219-6 Notice Of Total Small Business Set-Aside MAR 2020

52.219-14 Limitations On Subcontracting MAR 2020

52.219-28 Post-Award Small Business Program Rerepresentation MAY 2020

52.222-3 Convict Labor JUN 2003

52.222-21 Prohibition Of Segregated Facilities APR 2015

52.222-26 Equal Opportunity SEP 2016

52.222-35 Equal Opportunity for Veterans JUN 2020

52.222-36 Equal Opportunity for Workers with Disabilities JUN 2020

52.222-37 Employment Reports on Veterans JUN 2020

52.222-41 Service Contract Labor Standards AUG 2018

52.222-42 Statement Of Equivalent Rates For Federal Hires MAY 2014

52.222-50 Combating Trafficking in Persons JAN 2019

52.222-54 Employment Eligibility Verification OCT 2015

52.222-55 Minimum Wages Under Executive Order 13658 DEC 2015

52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

JUN 2020

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008

52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in the provision at 52.204-26, Covered Telecommunications Equipment or Services--Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause

52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or

Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM)

(https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that--

(1) It [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds

"will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--

It [ ] does, [ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as

OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered

(include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as

OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered

(include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)

(a) Definitions. As used in this clause--

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered foreign country means The People's Republic of China.

Covered telecommunications equipment or services means--

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology

Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the

Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means--

(1) Defense articles or defense services included on the United States Munitions List set forth in the International

Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export

Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled--

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such

Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR

4.2104.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

(c) Exceptions. This clause does not prohibit contractors from providing--

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the

Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause:

(i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and

Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available https://dibnet.dod.mil/ https://dibnet.dod.mil/ information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

(End of clause)

52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH

CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (JUN 2020)

(a) Definition. Commercially available off-the-shelf (COTS) item, as used in this clause--

(1) Means any item of supply (including construction material) that is--

(i) A commercial item (as defined in paragraph (1) of the definition in Federal Acquisition Regulation (FAR) 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

(b) The Government suspends or debars Contractors to protect the Government's interests. Other than a subcontract for a commercially available off-the-shelf item, the Contractor shall not enter into any subcontract, in excess of the threshold specified in FAR 9.405-2(b) on the date of subcontract award, with a Contractor that is debarred, suspended, or proposed for debarment by any executive agency unless there is a compelling reason to do so.

(c) The Contractor shall require each proposed subcontractor whose subcontract will exceed the threshold specified in FAR 9.405-2(b) on the date of subcontract award, other than a subcontractor providing a commercially available off-the-shelf item, to disclose to the Contractor, in writing, whether as of the time of award of the subcontract, the subcontractor, or its principals, is or is not debarred, suspended, or proposed for debarment by the Federal

Government.

(d) A corporate officer or a designee of the Contractor shall notify the Contracting Officer, in writing, before entering into a subcontract with a party (other than a subcontractor providing a commercially available off-the-shelf item) that is debarred, suspended, or proposed for debarment (see FAR 9.404 for information on the System for Award Management (SAM) Exclusions). The notice must include the following:

(1) The name of the subcontractor.

(2) The Contractor's knowledge of the reasons for the subcontractor being listed with an exclusion in SAM.

(3) The compelling reason(s) for doing business with the subcontractor notwithstanding its being listed with an exclusion in SAM.

(4) The systems and procedures the Contractor has established to ensure that it is fully protecting the Government's interests when dealing with such subcontractor in view of the specific basis for the party's debarment, suspension, or proposed debarment.

(e) Subcontracts. Unless this is a contract for the acquisition of commercial items, the Contractor shall include the requirements of this clause, including this paragraph (e) (appropriately modified for the identification of the parties), in each subcontract that--

(1) Exceeds the threshold specified in FAR 9.405-2(b) on the date of subcontract award; and

(2) Is not a subcontract for commercially available off-the-shelf items.

(End of clause)

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

(Contracting Officer shall insert the significant evaluation factors, such as (i) technical capability of the item offered to meet the Government requirement; (ii) price; (iii) past performance (see FAR 15.304); and include them in the relative order of importance of the evaluation factors, such as in descending order of importance.)

Technical and past performance, when combined, are . (Contracting Officer state, in accordance with FAR

15.304, the relative importance of all other evaluation factors, when combined, when compared to price.)

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JUN 2020)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

(a) Definitions. As used in this provision --

“Covered telecommunications equipment or services” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

https://www.sam.gov/

“Economically disadvantaged women-owned small business (EDWOSB) Concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

"Forced or indentured child labor" means all work or service-

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

“Inverted domestic corporation” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except--

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate--

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

“Sensitive technology”--

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically--

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act

(50 U.S.C. 1702(b)(3)).

“Service-disabled veteran-owned small business concern”--

(1) Means a small business concern--

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

“Small disadvantaged business concern”, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

“Subsidiary” means an entity in which more than 50 percent of the entity is owned--

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term

“successor” does not include new offices/divisions of the same company or a company that only changes its name.

The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

“Veteran-owned small business concern” means a small business concern--

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

“Women-owned small business concern” means a small business concern--

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least

51 percent of its stock is owned by one or more women; or

(2) Whose management and daily business operations are controlled by one or more women.

“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127)”, means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the

United States.

(b) (1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror

Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) http://www.sam.gov/ applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs __.

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract will be performed in the United

States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a small business concern.

(2) Veteran-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.) The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern.