N32253-22-Q-0069 Disposal of Concrete Blocks.pdf

SEE ADDENDUM

(No Collect Calls)

N3225322Q0069 17-Jun-2022

b. TELEPHONE NUMBER

808-473-8000 EXT. 5370

8. OFFER DUE DATE/LOCAL TIME

12:00 PM 24 Jun 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.

N322539. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

MONICA L NAPOLEON

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

1 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

N3225322RC91058

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

PEARL HARBOR NAVAL SHIPYARD & IMF

ATTN: MONICA NAPOLEON

667 SAFEGUARD STREET., STE 100, C410

JBPHH HI 96860-5035

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 N32253 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

PEARL HARBOR NAVAL SHIPYARD & IMF

SEE PERFORMANCE WORK STATEMENT

667 SAFEGUARD STREET

PEARL HARBOR HI 96860-5033

TEL: FAX:

FAX:

TEL: 808-473-8000 EXT 5370 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$16,500,000

NAICS:

238910

X

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)

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.

N3225322Q0069

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

CLIN

Number

DISPOSAL OF CIF CONCRETE BLOCKS

FFP

PHNSY&IMF requires a Contractor to completely remove 14 each concrete blocks in accordance with the Performance Work Statement (PWS).

FOB: Destination

PURCHASE REQUEST NUMBER: N3225322RC91058

PSC CD: P500

NET AMT

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-JUL-2022 TO

16-JAN-2023

N/A PEARL HARBOR NAVAL SHIPYARD &

IMF

SEE PERFORMANCE WORK STATEMENT

667 SAFEGUARD STREET

PEARL HARBOR HI 96860-5033

FOB: Destination

N32253

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

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT (PWS)

PEARL HARBOR NAVAL SHIPYARD & IMF (PHNSY&IMF)

DISPOSAL OF CIF CONCRETE BLOCKS

1.0 BACKGROUND:

PHNSY&IMF has a large number of concrete blocks, which are obsolete or unserviceable.

Disposal of the concrete blocks are beyond the scope of Shipyard operations and resources.

The concrete blocks are constructed of concrete with reinforcing bars.

2.0 SCOPE:

2.1 PHNSY&IMF requires a Contractor to completely remove 14 ea. Each concrete block has the following dimensions and weight:

Dimensions Weight (per block)

16’L x 73”W x 11’H 128,400 lbs. (estimated)

2.2 Area of work to be performed: Work will be performed outside at the CIF compound, within the fence lines surrounding the concrete blocks. Work area is approximately 21,800 ft² at the CIF compound. Additional work area is approximately 2520 ft² along the driveway along the side of the CIF building. Storing equipment/materials within 20 feet of gate entrances/exits (one gate located along Hurt Avenue and the other gate located along the driveway next to the CIF building entrance) is prohibited. Storing equipment/materials/combustible materials within 20 feet of the CIF building is prohibited as well.

2.3 Normal Operations to not interfere with at the CIF: Normal operations shall be performed inside the CIF. No work interference is expected if the duration of work does not exceed 3 weeks. If the duration of work exceeds 3 weeks, contractors shall allow PHNSY&IMF one hour of work a day as needed involving access through the roll-up doors located at the back of the CIF and through the gate located along Hurt Avenue. Work will involve traversing of large tanks/vehicles.

Onsite demolition of the existing concrete blocks is permitted. Protective measures will be required to protect the asphalt and to mitigate damage by flying debris. The contractor is responsible to clear the work area of all construction debris and dust generated during concrete blocks downsizing and removal.

The concrete blocks to be disposed shall be identified by the technical point of contact (TPOC). Work cannot interfere with normal operations. Coordinate with PHNSY &IMF TPOC on exact concrete blocks to be removed prior to start of work.

2.4 The Contractor shall provide all transportation, labor, equipment, tools and materials to remove the concrete blocks and properly dispose of or recycle the material.

3.0 PERFORMANCE REQUIREMENTS:

3.1 The Contractor shall comply with paragraph 6.6 REFERENCES: TABLE B of this

PWS.

3.1.1 The Contractor shall provide one individual as a Project Manager who is responsible for the planning, scheduling, and managing the execution of work concerning all aspects of this contract. The Project Manager shall coordinate with Code 1121 for physical security requirements and traffic management.

3.1.2 Safety Plan: The Contractor shall provide a safety plan covering all aspects of safety for this project. The safety plan shall be approved by the government prior to commencement of work. All work performed shall be in accordance with applicable Federal, State of Hawaii and OSHA requirements. Refer for Appendix I for guidance regarding safety.

3.1.3 The Contractor shall present an Environmental Protection Plan (EPP) as part of the

Contractor’s proposal and bid submittal. Appendices I and II outline the various elements that shall be addressed, including testing the concrete blocks for the presence of hazardous material, including Toxicity Characteristic Leaching Procedure (TCLP), lead and asbestos, and environmental mitigation efforts, including nuisance dust control and other steps to be taken to minimize or prevent damage to adjoining structures, on-going PHNSY & IMF operations and injury to personnel working in the vicinity. Once accepted by the Government, the EPP shall become an integral part of the requirements of this PWS.

3.2 Pre-Removal Coordination meeting: The Contractor shall schedule and coordinate an on-site Pre-Removal Coordination meeting with the Project Manager responsible for the execution of service, the TPOC and other Government representatives to coordinate, review and discuss aspects and phases of the removal work, including the EPP, any possible interference with normal operations, the Contractor’s Safety plan, and a plan for reporting the service of each load of blocks removed. The Project Manager shall provide the Government with their name and contact information.

3.3 The Contractor shall be responsible for the proper disposal or recycling of all scrap material generated as a result of the removal. Disposal of material shall be in accordance with Federal, State and local laws and regulations. The disposal of material within PHNSY & IMF is prohibited.

3.3.1 The Contractor shall be responsible to identify means to prevent damage of the fence. If the pier side fence is damaged, the Regional Dispatch Center (RDC) must be notified immediately, 808-474-1271. This number is staffed 24/7.If there is damage to the fence other than the pier side, the Contractor shall call Warning Point, 808-471-5141, to report the fence damages and shall be responsible for the repair or replacement of the damaged fence. The Contractor shall be responsible for the repair or replacement of the damaged fence and cost for 24-hour security personnel until the fence is fixed.

3.4 The Contractor will coordinate with the Government concerning the containment methods that shall be employed to prevent uncontrolled release of dust or debris outside of the designated construction work area. In addition, temporary barriers shall be provided to prevent cars and pedestrian from entering the construction work area.

Contractor will coordinate with the Government concerning traffic control as needed to facilitate all work.

3.5 Prior to commencing work on the project, the Contractor shall obtain all necessary permits, approvals and licenses necessary for the transportation of the material on highway/roads and for disposal/recycling.

3.6 The Contractor shall ensure that the site is cleaned of all debris and the ground surface is free of hazards, including tripping, low spots, or other uneven conditions resulting from the removal phase of the work. Any holes greater than ½” in depth that result from the demolition work shall be patched by the Contractor.

3.7 SERVICE DELIVERY SUMMARY TABLE A

Description Reference Notes Performance

1. Provide a Project

Manager.

Paragraph 3.1.1 100% delivery and compliance.

2. Provide a safety plan.

Paragraph 3.1.2 100% delivery

3. Follow the EPP in all operations associated with this PWS.

Paragraph 3.1.3 100% delivery and compliance.

4. Perform clean-up and prepare site as specified.

Paragraph 3.6 100% delivery

4.0 QUALITY ASSURANCE:

4.1 The Contractor shall designate the Project Manager to meet and discuss work status, issues, and concerns with the TPOC. This Project Manager shall be responsible for implementing and maintaining a Quality Control Program (QCP). The QCP shall ensure that the work performed meets or exceeds contract requirements and results in the correction of potential and actual problems. The QCP shall be implemented on the first day of contract performance.

4.2 Periodic Progress Meetings: The Contractor shall attend any progress meetings during the contracted period of performance, the TPOC and other Government personnel, as appropriate, may meet periodically with the Contractor to review the Contractor's performance. At these meetings, the TPOC will apprise the Contractor of how the Government views the Contractor's performance and the Contractor will notify the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the Government.

4.3 Environmental/Safety compliance: The Government will monitor the Contractor, to ensure that the Contractor’s EPP is being followed. The KO or designee retains the right to stop the Contractor from performing any work that violates environmental or safety regulations; the Contractor shall be in compliance prior to re-commencing the work.

5.0 GOVERNMENT FURNISHED UTILITIES AND SERVICE:

5.1 The Government will not provide any equipment or supplies to the Contractor.

5.2 Utilities: none

5.3 Services: none.

5.4 Equipment: none.

6.0 CONTRACTOR QUALIFICATIONS:

6.1 The Contractor shall be a licensed Contractor in the State of Hawaii with documented experience in demolishing structures of similar size as those listed in paragraph 2.1. The Contractor shall provide qualified equipment operators to perform all aspects of this work.

6.2 All vehicles provided for performance under this contract shall have current State of

Hawaii permits, licenses, safety checks and insurance. Vehicles shall be clearly marked with the Contractor’s name.

6.3 U.S. Citizenship is required for facility access. The Contractor shall conduct background investigations on personnel who are used in connection with this contract. Only those individuals with favorable investigations shall be utilized on this contract.

6.4 Identification badges shall be worn at all times when performing work, including while attending Government meetings and conferences that may take place outside the facility.

Badge requests for all contractor personnel should be submitted 14 days in advance to the COR prior to the start of work.

6.5 The Contractor performing services shall be required to comply with all Pearl Harbor

Naval Shipyard & IMF rules, regulations, and training that is applicable to conduct, safety, security, and procedures governing site entry and exit.

6.6 REFERENCES TABLE B

Title Reference

1. SAFETY AND HEALTH WORK PRACTICES FOR

CONTRACTORS WORKING WITH PEARL HARBOR

NAVAL SHIPYARD AND INTEMEDIATE MAINTENANCE

FACILITY (PHNSY & IMF) dtd 8 JULY 2021

Appendix I

2. CONTRACTOR ENVIRONMENTAL SPECIFICATION

GUIDELINES (E.P.P.) (Rev October 2019)

Appendix II

3. SECURITY REQUIREMENTS APPLICABLE FOR PEARL

HARBOR NAVAL SHIPYARD & IMF’S CONTROLLED

INDUSTRIAL AREA, OTHER SENSITIVE AREAS,

CONTROLLED NUCLEAR INFORMATION AREAS AND/OR

NUCLEAR WORK AREAS (Rev. JUN 2021)

Appendix III

7.0 SECURITY REQUIREMENTS:

7.1 In accordance with current DoD and Homeland Security Requirements, performance of all work under this contract is restricted to U.S. citizens and U.S. nationals only. After contract award, the Contractor shall provide to the POC on company letterhead a request for access of all personnel working on this contract and include the following information: full name, Social Security number, date of birth, and citizenship. The Contractor shall state that the information has been verified, filed, and available for examination by the Government upon request.

7 .2 Contractor personnel must meet the requirements for a white badge for access to areas requiring services related to this contract. Contractors, subcontractors, and suppliers are advised that processing of white badges may take up to five (5) working days to complete. Contractor shall comply with the security requirements in Appendix III of this PWS. A violation of this paragraph shall be a material violation of this agreement.

8.0 CONTRACTOR PERSONNEL:

8.1 The Contractor shall comply with Public Law 105-270, Section 5(2)(A), which states that contractors will not perform inherently governmental functions. Section 5(2)(A) of this Public Law defines the term “inherently governmental function” as “a function that is so intimately related to the public interest as to require performance by Federal Government employees.” Per Section 5(2)(B), inherently governmental functions include management of Government programs requiring value judgments, conduct of foreign relations, selection of program priorities, and the direction of intelligence and counter-intelligence operations. Per Section 5(2)(C), inherent governmental functions DO NOT include, (i) gathering information for or providing advice, opinions, recommendations, or ideas to Federal Government officials; or (ii) any function that is primarily ministerial and internal in nature.”

8.2 Contractor personnel shall not establish an employee-employer relationship with

Government personnel under this contract.

8.3 Contractor personnel shall not manage, supervise, or task Government employees or military personnel. Contractor personnel may not make any commitment to non-DoD personnel, including a foreign official, which commits the expenditure of U.S.

Government resources.

8.4 The Contractor shall not provide personal services.

8.5 Contractor personnel will make clear to all individuals they engage with that, they are

Contractor employees and not Government employees. When participating and introducing themselves during official events wherein Government, non-Government, or foreign personnel are present, Contractor personnel will identify themselves as employees of the Contractor. Contractor personnel must be clearly identified (i.e.

company shirt, pin, visible company ID, etc.) in a visible location as to who their employer is.

8.6 Facilities may close due to local or national emergencies, administrative closings, or other Government directed facility closings. Contractor access to Government facilities during closures is not permitted.

8.6.1 If a holiday falls on a Saturday, the holiday is observed on the preceding Friday. If a holiday falls on a Sunday, the holiday is observed on the following Monday.

8.6.2 Federal Holidays:

New Year’s Day 1st of January Dr. Martin Luther King’s Birthday 3rd Monday in January President’s Day 3rd Monday in February Memorial Day 4th or 5th Monday in May

Juneteenth 3rd Saturday in June Independence Day 4th of July Labor Day 1st Monday in September Columbus Day 2nd Monday in October Veteran’s Day 12th of November Thanksgiving Day 4th Thursday in November Christmas Day 25th of December

9.0 HOURS OF OPERATION:

9.1 NORMAL HOURS: Work shall be performed during the normal working hours of 0630 to 1500 hours, daily Monday through Friday, excluding Federal Holidays.

9.2 Any work performed outside normal hours shall be coordinated and approved by the KO or designee prior to start of work.

10.0 POINT OF CONTACT:

10.1 The KO.

LIST OF ATTACHMENTS

1. APPENDIX I. SAFETY AND HEALTH WORK PRACTICES FOR CONTRACTORS WORKING WITH

PEARL HARBOR NAVAL SHIPYARD AND INTEMEDIATE MAINTENANCE FACILITY

(PHNSY & IMF) dtd May 27, 2020

2. APPENDIX II. ENVIRONMENTAL PROTECTION GUIDELINES FOR CONTRACTORS ON

FACILITIES PROJECTS AT PEARL HARBOR NAVAL SHIPYARD & INTERMEDIATE

MAINTENANCE FACILITY (Rev. October 16, 2019)

3. APPENDIX IV. CONTRACTOR CRANES ON BASE (Rev. July 19, 2021)

REQUIRMENT

Contractors shall meet the requirements of all solicitation and award attachments.

CLAUSES INCORPORATED BY REFERENCE

52.204-2 Security Requirements MAR 2021 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 52.204-17 Ownership or Control of Offeror 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

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities

DEC 2021

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

DEC 2021

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

52.219-1 Alt I Small Business Program Representations (SEP 2021) Alternate I

SEP 2015

52.219-6 (Dev) Notice of Total Small Business Set-Aside (DEVIATION 2020-O0008).

OCT 2020

52.219-14 (Dev) Limitations on Subcontracting (DEVIATION 2021-O0008) SEP 2021 52.222-25 Affirmative Action Compliance APR 1984 52.223-6 Drug-Free Workplace MAY 2001 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2021

52.252-5 Authorized Deviations In Provisions NOV 2020 52.252-6 Authorized Deviations In Clauses 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 252.204-7007 Alternate A, Annual Representations and Certifications MAY 2021 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

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

252.204-7016 Covered Defense Telecommunications Equipment or Services -- Representation

DEC 2019

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation

MAY 2021

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

JAN 2021

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements MAR 2022 252.204-7020 NIST SP 800-171 DoD Assessment Requirements MAR 2022 252.204-7021 Contractor Compliance with the Cybersecurity Maturity

Model Certification Level Requirement

NOV 2020

252.209-7002 Disclosure Of Ownership Or Control By A Foreign Government

JUN 2010

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

252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors.

JAN 2018

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

SEP 2014

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7031 Secondary Arab Boycott Of Israel JUN 2005 252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.232-7017 Accelerating Payments to Small Business Subcontractors--

Prohibition on Fees and Consideration

APR 2020

252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel

JUN 2013

252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Items JAN 2021 252.247-7023 Transportation of Supplies by Sea FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

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 paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-- Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(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)

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT

2020)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) 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”.

(c) Representations.

(1) The Offeror represents that it [ ___ ] does, [ ___ ] 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.

(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 any equipment, system, or service that uses covered telecommunications equipment or services.

ADDENDUM TO FAR 52.212-1

52.212-1 –Instructions to Offerors – Commercial Items ADDENDUM

To evaluate technical acceptability, past performance, and price fair and reasonable, all offerors are required to submit the following:

Offeror shall submit a Technical Capability Volume. The Technical Capability Volume must include:

- An Environmental Protection Plan

- Description on how the work is going to be accomplished. Including:

o Blocks containing paint o Method/process for removing the blocks o If necessary, containment methods o Temporary barriers (If the road will be blocked, a traffic plan should be considered)

- Five (5) pages maximum

Offerors shall submit a minimum of two relevant, recent (within the last 3 years) past performance references to include contract number and contracting activity. Government references are preferred, but Commercial references are also acceptable.

Offerors shall also submit pricing information in accordance with the PWS. Fill in prices and return the SF1449 to include:

- CLIN 0001

https://www.sam.gov/

52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(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:

(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 approximately to cost or price. In accordance with FAR 15.304, the relative importance of all other evaluation factors, when combined, when compared to price.)

Offerors without a record of relevant past or present performance history, for whom information on past or present performance is not available, or so sparse that no confidence assessment rating can be reasonably assigned, shall receive the rating, "Unknown Confidence," meaning the rating is treated neither favorably nor unfavorably

(b) Options. N/A

(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.

ADDENDUM FAR 52.212-2

EVALUATION

a. Basis for Contract Award This is the Lowest Price Technically Acceptable (LPTA) evaluation conducted in accordance with (IAW) Federal Acquisition Regulation (FAR)13 Simplified Acquisition Procedures, as supplemented by the Defense Federal Acquisition Regulation Supplement (DFARS), and Navy Marine Corps Acquisition Regulation Supplement (NMCARS). These regulations are available electronically at https://www.acquisition.gov/. A contract may be awarded to the contractor who is deemed responsible in accordance with the FAR part 9.1, as supplemented, whose quote conforms to the solicitation’s requirements (to include all stated terms, conditions, representations, certifications, and all other information required by Addendum to FAR 52.212-1 of this solicitation) and is judged, based on the evaluation factors, to represent the lowest price technically acceptable quote.

TABLE 1 - TECHNICAL RATINGS

RATING DESCRIPTION

Acceptable Quote meets the requirements in the solicitation & PWS.

Unacceptable Quote does not meet the requirements in the solicitation & PWS.

Offerors will also be evaluated on past performance. Past Performance evaluation consists of review of two recent contracts (within the last 3 years). Past performance will be evaluated to determine the relevancy of http://www.acquisition.gov/ http://www.acquisition.gov/ http://www.acquisition.gov/ current or past performance and rate the degree of confidence for the Offeror to successfully perform the current requirement.

Relevancy will be used as a stronger predictor of future success, thus has more influence on the past performance confidence than past performance of lesser relevance. The performance confidence ratings will be based on recent and relevant past performance to determine the Government’s expectation of successful performance.

The Government reserves the right to consider recent and relevant (like or similar in scope, complexity, magnitude and location to the requirements of this solicitation) past performance information from sources including Federal, State and local Government agencies, better business bureaus, published media and electronic databases including, but not limited to, Federal Awardee Performance and Integrity Information System (FAPIIS) and Contractor Performance Assessment Reporting System (CPARS).

Offerors without a record of relevant past or present performance history, for whom information on past or present performance is not available, or so sparse that no confidence assessment rating can be reasonably assigned, shall receive the rating, "Unknown Confidence," meaning the rating is treated neither favorably nor unfavorably.

TABLE 2 – PERFORMANCE CONFIDENCE ASSESSMENT

RATINGS

RATING DESCRIPTION

Substantial Confidence Based upon the offer's recent (within three years)/relevant performance record, the government has a high expectation that the offeror will successfully perform the required effort.

Satisfactory Confidence Based upon the offer's recent (within three years)/relevant performance record, the government has a reasonable expectation that the offeror will successfully perform the required effort

Limited Confidence Based upon the offer's recent (within three years)/relevant performance record, the government has a low expectation that the offeror will successfully perform the required effort

No Confidence Based upon the offer's recent (within three years)/relevant performance record, the government has no expectation that the offeror will successfully perform the required effort Unknown Confidence No recent/relevant performance record is available or the offeror's performance records is so sparse that no meaningful confidence assessment rating can be reasonable assigned.

b. Solicitation Requirements, Terms and Conditions Contractors are required to meet all solicitation requirements, such as terms and conditions, representations and certifications, and technical requirements, in addition to those identified as factors. Failure to comply with the terms and conditions of the solicitation may result in the contractor being ineligible for award. Contractors must clearly identify any exception to the solicitation terms and conditions and must provide complete supporting rationale. The Government reserves the right to determine any such exceptions unacceptable.

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

COMMERCIAL SERVICES (MAY 2022)

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.

“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…