M0026422Q0033.pdf

SEE ADDENDUM

(No Collect Calls)

M0026422Q0033 11-Mar-2022

b. TELEPHONE NUMBER

703-784-1936

8. OFFER DUE DATE/LOCAL TIME

12:00 PM 01 Apr 2022

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA X ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

M002649. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

CURLEY JR, MICHAEL T.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.X

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

MCINCR - RCO

2010 HENDERSON RD

MICHAEL T CURLEY, JR.

QUANTICO VA 22134

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

FAX:

TEL: 703-784-1936

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$8,000,000

NAICS:

561790

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF45

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

M0026422Q0033

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Spring Removal Phase (FY22)

FFP

Removal of dome IAW PWS. April 15-29, 2022.

FOB: Destination

PSC CD: N099

NET AMT

0002 1 Job Fall Install Phase (FY22)

FFP

Install of dome IAW PWS. September 30-October 28, 2022.

1001 1 Job OPTION Spring Removal Phase (FY23)

FFP

Removal of dome IAW PWS. April 10-28, 2023.

1002 1 Job OPTION Fall Install Phase (FY23)

FFP

Install of dome IAW PWS. September 29-October 27, 2023.

2001 1 Job OPTION Spring Removal Phase (FY24)

FFP

Removal of dome IAW PWS. April 08-26, 2024.

2002 1 Job OPTION Fall Install Phase (FY24)

FFP

Install of dome IAW PWS. September 30-October 28, 2024.

3001 1 Job OPTION Spring Removal Phase (FY25)

FFP

Removal of dome IAW PWS. April 07-25, 2025.

3002 1 Job OPTION Fall Install Phase (FY25)

FFP

Install of dome IAW PWS. September 30-October 28, 2025.

4001 1 Job OPTION Spring Removal Phase (FY26)

FFP

Removal of dome IAW PWS. April 06-24, 2026.

4002 1 Job OPTION Fall Install Phase (FY26)

FFP

Install of dome IAW PWS. September 30-October 28, 2026.

PWS

1. Service Description: The contractor shall provide services for general upkeep, maintenance, installation, and removal of H&S Bn Henderson Hall’s Zembiec Pool Facility Winter Dome Enclosure. Work performed by the contractor shall be performed in accordance with all applicable state and local codes, ordinances, regulations, applicable laws of the State of Virginia, United States Marine Corps standards and instructions, as well as best commercial practices.

2. Location:

A. Performance Location: Zembiec Pool Facility - Henderson Hall Building #11 - 1555 Southgate Road-

Arlington, VA 22214.

B. Performance Location Access: Contractor agrees to provide required information for performance location access such as identification, vehicle registration, vehicle insurance, etc. Installation access may also entail vehicular and personal searches. Contractor shall coordinate all other logistical requirements, such as the staging of equipment, vehicles, trash receptacles and materials, with the Contracting Officer's Representative

(COR).

3. Scope of Work: The contractor shall provide all personnel, equipment, tools, materials, and other services necessary to meet the requirements listed in this scope of work for the locations listed in Section 2 unless otherwise noted in Section 4.E

A. Contract Personnel:

1. The contractor shall provide a qualified and capable point of contact (POC) who shall be responsible for the performance of the work as well as the name, address and telephone numbers of this point of contact. An alternate or alternates, who shall act for the contractor when the POC is absent, shall be designated in writing to the COR five work days before the contracted start date.

2. The contract POC or alternate shall have full authority to act for the contractor on all contract matters relating to the daily operation of this contract.

3. The contract POC or alternate shall be available during normal duty hours, 0800-1600, within 30 minutes to meet on the installation with the COR to discuss problem areas. After normal duty hours, the POC or alternate shall be available within two hours.

4. All contract staff shall have undergone a background check and may not have any past or present felony records. Contract staff must comply with dictates of JBM-HH security personnel. Failure of contract staff to access locations as per Section 2.A or perform contract requirements due to not meeting security requirements of

JBM-HH is the liability of the contractor.

5. Contractor will provide consistent staffing for the duration of each contract phase. Contractor will provide COR with a roster and schedule of personnel performing work five work days before the contracted start date of each phase

6. Uniforms for contract personnel are at the discretion of the Contractor so long as the attire is appropriate for their duties, meets OSHA standards, and they do not violate any standing DOD rules and/or regulations as dictated by the COR. Contract personnel must follow all rules and regulations set forth by OSHA standards.

7. Contractor will maintain a record of all emergency responses, mishaps, or first aid provided to contract personnel on the designated performance location. These will be reported immediately to the COR upon completion of emergency response and/or first aid rendered.

8. Contract staff are not authorized to utilize the MCX or any other MCCS or Military facilities. Their movement on JBM-HH is limited to what is required to access the Zembiec Pool Facility, Bldg. #11 and they are expected to spend the entirety of their shift at the facility barring their lunch break.

9. Smoking of any kind (including vaping) by contract staff is strictly prohibited at all times while on JBM-HH.

10. Intoxication and consumption of alcoholic beverages by contract staff is strictly prohibited at all times while on JBM-HH.

11. Possession or consumption of any Schedule 1-5 Controlled Substances, as per DEA and DoD guidance, is strictly prohibited at all times by contract personnel regardless of regulations where they reside. Any contract staff found to be in possession of a controlled substance or showing signs of having used them prior to or after arriving at JBM-HH will be reported and turned over to JBM-HH Security Forces.

12. The contractor shall replace any individual staff member deemed undesirable or incompetent upon verbal request by the COR. Replacement staff should be onsite within 2 hours with certification documentation provided by Contractor POC within 24 hours.

B. Quality Control/Quality Assurance:

1. Contractor shall provide a written report following each phase detailing work completed and any recommendations to the COR. Contractor shall conduct a safety inspection and walkthrough of the Winter Dome

Enclosure with COR and H&S Bn Safety Official present and submit a written safety inspection report to the

COR with the results.

2. The COR shall inspect and evaluate the contractor's performance to ensure services are received in accordance with requirements set forth in this contract and provided Quality Control Plan (QAP).

C. Hours of Operation and Staffing Requirements:

1. Brief: The contractor shall perform the services required under this contract during the below hours. The contractor is not required to perform services on Federal Holidays. Work scheduled but not accomplished because of base closure due to weather, exercises, or actual alert will be accomplished as soon as possible after reopening the base. There will be a four (4) week period in beginning in September and a three (3) week period in April to conduct contracted work. The COR will notify the contractor if additional changes are required due to special events or program needs in the form of written notification or as a contract modification if required.

Contractor Access:

- Monday – Friday: 0700-1700

2. Contract Period and Phase Schedule: Dates listed are for planning purposes. Operational requirements may require adjustment of the dates closer to the execution date. COR will provide written confirmation in event of a change to the dates listed below.

a. Base Contract Period FY22:

- Spring Removal Phase: April 15-29, 2022

- Fall Install Phase: September 30-October 28, 2022

b. 1st Option Period FY23:

- Spring Removal Phase: April 10-28, 2023

- Fall Install Phase: September 29-October 27, 2023

c. 2nd Option Period FY24:

- Spring Removal Phase: April 08-26, 2024

- Fall Install Phase: September 30-October 28, 2024

d. 3rd Option Period FY25:

- Spring Removal Phase: April 07-25, 2025

- Fall Install Phase: September 30-October 28, 2025

e. 4th Option Period FY26:

- Spring Removal Phase: April 06-24, 2026

- Fall Install Phase: September 30-October 28, 2026

4. Performance Scope:

A. General Requirements:

1. All work shall conform to the current regulations of the

Environmental Protection Agency (EPA), and the Occupational Safety and

Health Administration (OSHA).

2. Primary contractors must show evidential history of successful completion of installation, removal, and maintenance of dome enclosures to be selected. Portfolio of previous projects, dome enclosure manufacturers endorsement, or history as proven service providers for this specialized equipment are required for awarding of the contract.

B. Install Phase: Contractor shall install and raise the Winter Dome Enclosure:

1. Contractors will transport Winter Dome Enclosure materials and equipment from their storage site as designated in 4.E.

2. All anchorage points and associated equipment shall be installed in good working order and all parts/components will replaced by contractor if found to be in poor condition. Wooden perimeter boards will be replaced every year with fresh, cut to measure boards installed at this time. The wooden perimeter boards will all cut to equal lengths and must be installed touching each other and hammered into the channel to ensure they are flush to the deck. This will need to be Marine grade wood to ensure prolonged life for the winter season.

3. All doors and means of egress for the Winter Dome Enclosure shall be properly and securely installed with all associated door hardware in good working condition. Associated door hardware includes door latches, door weather stripping, door handles, door gliders/track guides. If associated door hardware is worn new hardware must be provided and replaced by contractor. Egress doors should properly latch and retract when pulling on the door handles to enter pool dome and all doors should open smoothly. Lubrication and rust preventative measures will be taken to prolong service life of this equipment at this time. If fabrication of new egress/exit doors is needed this will need to be addressed with COR prior to fall pool dome installation or at spring pool dome removal All doors that need to be fabricated will need to be completed 1 month prior to fall pool dome execution date or after spring removal.

4. Any old Rips, tears and holes in the Winter Dome Enclosure fabric will be patched at this time to include any new Rips, tears and holes that is caused by the contractor when moving the pool dome.

5. All Lighting equipment such as light bulbs, light stand wiring, and light stands for the Winter Dome Enclosure will be brought online in proper working order to include the exit lighting above both doors to maintain the dome throughout the indoor season.

6. All Lighting stands will be Adjusted/angled to correct height per COR to meet pool dome requirements. All

Light stand hardware such as bolts must be replaced if found damaged or unserviceable. All light stand bolts must be of equal size and installed properly.

7. The contractor shall remove all trash and debris from the designated performance location at the end of each work day.

8. Contractor shall provide the COR with a performance plan and a safety plan detailing how they will approach the requirements listed in Section 4.B by the service agreement start date.

9. Contractors will tightly and neatly fold the Winter Dome Tarp onto one or pallets multiple pallet and tied down.

Folded material will not exceed the weight limit of pallets or extend beyond the surface of the pallet. Contractor will transport palletized fabric to their storage site outside the pool dome and in a location designated by the COR.

C. Removal Phase: Contractor shall lower and remove the Winter Dome Enclosure:

1. Contractor will provide and maintain pallets of appropriate weight capacity and sizes for the storage and transporting of all dome equipment and fabric as well as any ropes, tarps, and plastic wrap to ensure equipment is securely and safely stored.

2. Contractors will uninstall all dome equipment and transport them to their storage site per the COR as designated in 4.E

3. Contractors will tightly and neatly fold the Winter Dome Enclosure fabric onto pallets. Each half of the dome will be placed onto a single or multiple pallet and tied down. Folded material will not exceed the weight limit of pallets or extend beyond the surface of the pallet. Contractor will transport palletized fabric to their storage site outside the pool dome and in a location designated by the COR.

4. The contractor shall remove all trash and debris from the designated performance location at the end of each work day.

5. Contractor shall provide the COR with a performance plan detailing how they will approach the requirements listed in Section 4.C by the service agreement start date.

E. H&S Bn RESPONSIBILITIES:

1. H&S Bn will provide contractor access to the site. The Contractor shall coordinate with the COR for access.

No work will be performed on weekends or Holidays outside of the allotted times listed in section 3.C unless the

Contractor receives prior written approval from the COR.

2. H&S Bn COR will provide the contractor with designated storage site locations for all Winter Dome Enclosure equipment for retrieval and deposit at the start of the Fall Install and Spring Removal Phases. H&S Bn will provide contractor access to these sites as needed to perform Service Agreement activities.

3. H&S Bn shall provide the contractor access to utilities (electric, water) at the designated performance location for use in the course of performing the Service Agreement activities.

4. H&S Bn shall provide access to the toilet facilities at the designated performance location during the course of performing the Service Agreement activities.

5. H&S Bn shall maintain an emergency telephones in good working order and shall insure there is emergency access for JBM-HH and local EMS Services to the designated performance location. The phone will not have the ability to call long distance and 900 numbers. The phone shall be for emergency use only and not for the convenience of Contract staff.

6. H&S Bn shall give notice in writing to the contractor of any changes in the management staff and/or COR with whom the contractor must communicate.

7. H&S Bn shall ensure that adequate security measures are enforced in and around the designated performance location as per current Joint Base Myer-Henderson Hall Regulations.

5. Scope:

A. Base Year Additional Requirements:

1. Contractor will include in Base year price the procurement and installation of a new ADA Compliant Door for the primary point of egress to be installed as part of the Base Year Fall Installation Phase.

2. If it is found that the procurement of a new ADA Compliant Door is not possible in time to be included in the

Base Year Fall Installation Phase the Contractor will provide a remedial option for maintenance of the existing door during the Base Year Indoor Season until such time as a replacement can be procured and installed in time for the succeeding Option Year Fall Installation Phase.

3. If it is found that the procurement of a new ADA Compliant Door is not possible at all the Contractor will provide a remedial option for maintenance of the existing door for the contract lifespan.

4. Contractor shall provide the COR with a performance plan detailing how they will approach the requirements listed in Section 5.A by the service agreement start date.

B. Emergency Closures:

1. Hazardous Weather: In the case of hazardous weather conditions H&S Bn may declare a temporary or early closure of the pool facility. Contract staff will remain on site in the case of a temporary closure or be sent home early as the situation dictates. H&S Bn will not hold the contractor liable for delays in phase completion for equitable days past the phase deadline in the case of a full day closure or in a ratio of one (1) day past deadline for every two (2) partial days of closure.

2. Emergency Response: In the case of an emergency response H&S Bn may declare a temporary or early closure of the designated performance location. Contract staff will remain on site in the case of a temporary closure or be sent home early as the situation dictates. In such cases the COR will contact the contractor to inform them of the closure. H&S Bn will not hold the contractor liable for delays in phase completion for equitable days past the phase deadline in the case of a full day closure or in a ratio of one (1) day past deadline for every two (2) partial days of closure unless it is determined that closure was due to contract staff negligence.

3. Closure Log: COR will maintain a log of all emergency closures and review with the Contractor upon completion of the Fall Phase and Spring Phase to confirm balance. This log will be available electronically to the contract on request throughout the contract period.

C. Unscheduled Maintenance:

1. In the instance of a facility closure due to unscheduled maintenance not found to be the fault of the contractor for the Winter Dome Enclosure or its associated equipment: If the Contractor is awarded the contract for repair of maintenance issues they are required to state a timeline for completion of repairs to include proof of shipping times and contractor hours on site within three (3) business days of award. Failure of the contractor to complete repairs within the stated timeline will result in lost days of operation at the Zembiec Pool Facility from that date until completion of repairs being credited back to H&S Bn.

2. In the instance of a facility closure due to unscheduled maintenance found to be the fault of the contractor for the Winter Dome Enclosure or its associated equipment: Contractor will bear the full cost of repairs to the Winter

Dome Enclosure as well as operational losses at the current daily operating cost of the Zembiec Pool Facility from the date of facility closure until such time as the repairs have been completed.

6. Logs:

1. The COR and Contractor will maintain logs of all performance issues and loss of operational days due to delays in maintenance, installation, and removal or the damaging of the Winter Dome Enclosure, its associated hardware, or other assets of the designated performance location. For instances of lost operational days due to contractor delays, contractors will credit H&S Bn for operational losses at the current daily operating cost of the Zembiec

Pool Facility. COR will provide updated standard daily operating cost of the Zembiec Pool Facility on October 1st of each contracted year. COR and Contract POC will meet upon completion of the Fall Install Phase, Spring

Removal Phase, and Summer Maintenance Phase to confirm balance on this account.

7. Performance Metrics:

1. The Performance Requirements Summary (PRS) table provided below identifies the mission critical items for performance under this contract. Only performance deficiencies that are directly attributable to Contractor error are considered when measured against the performance threshold:

Performance

Objective / PWS Performance Standards

Acceptable Quality

Level Incentive/Remedy

Install Phase

-Contractor installs and raises the Winter

Dome Enclosure meeting requirement established in section 4.

100% of services completed on time and in accordance with regulations and guidelines.

Exceptional-100%

Very Good- 97%

Satisfactory- 95%

Trends of less than acceptable performance could result in reductions in payments at the discretion of the

Contracting Officer.

Removal Phase -Contractor lowers and installs the Winter

Dome Enclosure meeting requirement established in section 4.

100% of services completed on time and in accordance with regulations and guidelines.

Exceptional-100%

Very Good- 97%

Satisfactory- 95%

Trends of less than acceptable performance could result in reductions in payments at the discretion of the

Contracting Officer.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

0002 Destination Government Destination Government

1001 Destination Government Destination Government

1002 Destination Government Destination Government

2001 Destination Government Destination Government

2002 Destination Government Destination Government

3001 Destination Government Destination Government

3002 Destination Government Destination Government

4001 Destination Government Destination Government

4002 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 29-APR-2022 1 N/A

0002 28-OCT-2022 1 N/A

1001 28-APR-2023 1 N/A

1002 27-OCT-2023 1 N/A

2001 26-APR-2024 1 N/A

2002 28-OCT-2024 1 N/A

3001 25-APR-2025 1 N/A

3002 28-OCT-2025 1 N/A

4001 24-APR-2026 1 N/A

4002 28-OCT-2026 1 N/A

CLAUSES INCORPORATED BY FULL TEXT

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

http://www.acquisition.gov/

(End of provision)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

(End of clause)

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions JUN 2020

52.203-3 Gratuities APR 1984

52.203-6 Restrictions On Subcontractor Sales To The Government JUN 2020

52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

JUN 2020

52.203-17 Contractor Employee Whistleblower Rights and Requirement

To Inform Employees of Whistleblower Rights

JUN 2020

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber

Content Paper

MAY 2011

52.204-6 Unique Entity Identifier OCT 2016

52.204-7 System for Award Management OCT 2018

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011

52.204-13 System for Award Management Maintenance OCT 2018

52.204-16 Commercial and Government Entity Code Reporting AUG 2020

52.204-18 Commercial and Government Entity Code Maintenance AUG 2020

52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-20 Predecessor of Offeror AUG 2020

52.204-21 Basic Safeguarding of Covered Contractor Information

Systems

DEC 2021

52.204-22 Alternative Line Item Proposal JAN 2017

52.204-24 Representation Regarding Certain Telecommunications and

Video Surveillance Services or Equipment

DEC 2021

52.209-5 Certification Regarding Responsibility Matters AUG 2020

52.209-10 Prohibition on Contracting With Inverted Domestic

Corporations

NOV 2015

52.209-11 Representation by Corporations Regarding Delinquent Tax

Liability or a Felony Conviction under any Federal Law

FEB 2016

52.212-1 Instructions to Offerors--Commercial Products and

Commercial Services

DEC 2021

52.212-4 Contract Terms and Conditions--Commercial Products and

Commercial Services

DEC 2021

52.217-5 Evaluation Of Options JUL 1990

52.219-1 Small Business Program Representations SEP 2021

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011

52.223-6 Drug-Free Workplace MAY 2001

52.227-1 Authorization and Consent JUN 2020

52.227-2 Notice And Assistance Regarding Patent And Copyright

Infringement

JUN 2020

52.228-5 Insurance - Work On A Government Installation JAN 1997

52.232-7 Payments Under Time-And-Materials And Labor-Hour

Contracts

DEC 2021

52.232-17 Interest MAY 2014

52.232-23 Assignment Of Claims MAY 2014

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2021

52.233-1 Disputes MAY 2014

52.233-2 Service Of Protest SEP 2006

52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.242-13 Bankruptcy JUL 1995

52.242-15 Stop-Work Order AUG 1989

52.242-17 Government Delay Of Work APR 1984

52.246-4 Inspection Of Services--Fixed Price AUG 1996

52.246-25 Limitation Of Liability--Services FEB 1997

52.252-3 Alterations in Solicitation APR 1984

52.252-5 Authorized Deviations In Provisions NOV 2020

252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013

252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7000 Disclosure Of Information OCT 2016

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019

252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7009 Limitations on the Use or Disclosure of Third-Party

Contractor Reported Cyber Incident Information

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

DEC 2019

252.204-7014 Limitations on the Use or Disclosure of Information by

Litigation Support Contractors

MAY 2016

252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Country that is a State Sponsor of

Terrorism

MAY 2019

252.223-7004 Drug Free Work Force SEP 1988

252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.225-7002 Qualifying Country Sources As Subcontractors DEC 2017

252.225-7048 Export-Controlled Items JUN 2013

252.227-7015 Technical Data--Commercial Items FEB 2014

252.227-7020 Rights In Special Works JUN 1995

252.227-7023 Drawings and Other Data to become Property of Government MAR 1979

252.227-7030 Technical Data--Withholding Of Payment MAR 2000

252.227-7032 Rights In Technical Data And Computer Software (Foreign) JUN 1975

252.232-7010 Levies on Contract Payments DEC 2006

252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

JUN 2013

252.243-7001 Pricing Of Contract Modifications DEC 1991

252.243-7002 Requests for Equitable Adjustment DEC 2012

252.244-7000 Subcontracts for Commercial Items JAN 2021

252.247-7023 Transportation of Supplies by Sea FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (NOV 2021)

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 --https://www.sam.gov/

“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.

“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.

“Reasonable inquiry” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain

Telecommunications and Video Surveillance Services or Equipment.

“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"--

(1) 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.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

“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 Products and Commercial Services, 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) 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. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, ( ___ ) is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-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 that it ( ___ ) is, ( ___ ) is not a women-owned small business concern.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that--

(i) It [ ___ ] is, [ ___ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and http://www.sam.gov/

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB

Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ___ .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that--

(i) It [ ___ ] is, [ ___ ] is not an EDWOSB concern, has provided all the required documents to the WOSB

Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ___ -.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(8) Women-owned business concern (other than small business concern). (Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:

(10) HUBZone 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--

(i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, on the

List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and

(ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: ___ .] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(d) Certifications and representations required to implement provisions of Executive Order 11246--

(1) Previous Contracts and Compliance. The offeror represents that--

(i) It ( ___ ) has, ( ___ ) has not, participated in a previous contract or subcontract subject either to the Equal

Opportunity clause of this solicitation, the and

(ii) It ( ___ ) has, ( ___ ) has not, filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that--

(i) It ( ___ ) has developed and has on file, ( ___ ) has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR

Subparts 60-1 and 60-2), or

(ii) It ( ___ ) has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of

Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB

Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy

American --Supplies, is included in this solicitation.)

(1) (i) The Offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product.

(ii) The Offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products.

(iii) The terms "domestic end product," "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Supplies."

(2) Foreign End Products:

Line item No. Country of origin

[List as necessary]

(3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.

(g)(1) Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Applies only if the clause at FAR

52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act, is included in this solicitation.)

(i) (A) The Offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (iii) of this provision, is a domestic end product.

(B) The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product,"

"Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American--Free

Trade Agreements--Israeli Trade Act."

(ii) The Offeror certifies that…