Solicitation 20R0005 3-10-2020 (Final).pdf

CODE

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PAGE(S)

until local time

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X B

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F 16 - 20

21 - 29

X H 30 - 33

RATING PAGE OF PAGES

7. ISSUED BY

(Date)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

Previous Edition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97)

Prescribed by GSA

FAR (48 CFR) 53.214(c)

1 33

(If other than Item 7)

15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TO

AND

ADDRESS

SIGN OFFER (Type or print)

OF

OFFEROR

AMENDMENT NO. DATE

15B. TELEPHONE NO (Include area code) 17. SIGNATURE15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

18. OFFER DATE

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

2. CONTRACT NO.

W912HQ 8. ADDRESS OFFER TO

See Item 7

9. Sealed offers in original and copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT

PACKAGING AND MARKING

3 J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

5 - 6 X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 7 - 8 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 9 - 10 X M

L INSTRS., CONDS., AND NOTICES TO OFFERORS

EVALUATION FACTORS FOR AWARD

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments

AMENDMENT NO. DATE

to the SOLICITATION for offerors and related documents numbered and dated):

FACILITY

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period

SOLICITATION, OFFER AND AWARD

X

(X) SEC. DESCRIPTION (X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

EMAIL:TEL: (Signature of Contracting Officer)

CODE CODE

B. TELEPHONE (Include area code) C. E-MAIL ADDRESS

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

PART IV - REPRESENTATIO NS AND INSTRUCTIO NS

PART III - LIST O F DO CUMENTS, EXHIBITS AND O THER ATTACHMENTS

11 - 15

PART II - CO NTRACT CLAUSES

USACE HUMPHREYS ENGR CTR SPT ACTIVITY

ATTN: CEHEC-CT,

7701 TELEGRAPH ROAD

ALEXANDRIA VA 22315-3860

FAX:

TEL:

FAX:

TEL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

6. REQUISITION/PURCHASE NO.5. DATE ISSUED4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

W912HQ20R0005 19 MAR 2020

W912HQ20R0005

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Project

Independent External Peer Review Labor

FFP

Contractor shall provide all labor, personnel and supervision necessary to the management and/or technical services needed to conduct Independent External

Peer Reviews in the key areas of planning, biology, economics, environment, hydrology, or engineering.

FOB: Destination

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 1 Project

Travel

COST

Travel will be negotiated prior to the issuance of individual BPA Calls. If authorized at the BPA Call level, travel shall be in accordance with the limitations set forth in FAR 31.205-46.

FOB: Destination

ESTIMATED COST

Section C - Descriptions and Specifications

LABOR CATEGORIES

Expert Peer Reviewer (EPR) - The EPR is considered to be a national leader in their discipline.

Indications of this level of expertise include over 20 years of experience, advanced degrees, membership and certification by professional organizations and societies and publication in industry and scientific journals and proceedings. Use of the EPR should be considered when the level of complexity and/or controversy in the project study undergoing review meets the revised requirements of WRRDA 2014 and current USACE guidance.

Senior Peer Reviewer (SPR) – The SPR is a highly qualified, nationally recognized expert in their respective field(s). Use of the SPR should be considered when the study or project undergoing review has some highly technical component, and or, is a highly controversial project.

Peer Reviewer (PR) – The PR meets the minimum qualifications of the requirement and is a recognized technical expert in the areas of expertise that they will be tasked to review.

Principal Investigator (PI) - Responsible for advising, assisting, performing technical work, and guiding lower level employees in a broad set of tasks within a technology area. He/She shall provide support as requested to any Program Manager and/or the customer.

Project Manager (PM) - Serves as single individual responsible for formulating and enforcing work standards, assigning contract staff & schedules, maintaining regular contact with Government's Contracting Officer’s Representative (COR). Supervises all project personnel and communicates policies, procedures, and goals of the firm to these employees. The PM is responsible for the overall project plan, project performance, and client satisfaction on multiple project tasks.

Research Assistant (RA) - Creates new techniques, procedures, and designs for particular applications or systems within their area of specialization. They work on limited segments, components, or parts of development projects and interact with senior staff and clients in discussion of current and future activities.

Writer/Editor (W/E) – The W/E position edits materials for reports, manuals, briefings, and related scientific, technical, and functional publications and is ultimately responsible for delivering a finished product to the Corps. The W/E works closely with Technical Writers and Publications Managers to enhance production capabilities, improve quality and technical assurance, and presentation ready materials to the client.

Administrative/Clerical (A/C) - Assists Program Manager and Task Leader by producing financial, administrative, and management reports for resource planning, meetings, and client briefings. A/C staff must be knowledgeable in Microsoft Office products such as Scheduler, Word, and Excel.

Section E - Inspection and Acceptance

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

CLAUSES INCORPORATED BY REFERENCE

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

INSPECTION AND ACCEPTANCE

Inspection and acceptance of the services called for in this procurement shall be performed at the destination(s) as specified in accordance with the Performance Work Statement for each specific BPA Call issued under the basic agreement.

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-MAY-2020 TO

30-APR-2025

N/A DECISION METHODOLOGIES DIV

DARRELL NOLTON

INST FOR WATER RESOURCES 7701

TELEGRAPH ROAD

DING

ALEXANDRIA VA 22315-3868

703-428-9084

W26HM4

0002 POP 01-MAY-2020 TO

30-APR-2025

N/A (SAME AS PREVIOUS LOCATION)

W26HM4

52.242-15 Stop-Work Order AUG 1989

F1

PERIOD OF PERFORMANCE

The base period of performance under this BPA will be for five years. This BPA will have a five year ordering period with no options. A separate period of performance will be specified in each BPA Call issued under this basic agreement. Labor rates established at the time of each BPA Call will apply regardless of the duration of the performance period.

F2

PLACE OF PERFORMANCE

Contractors shall provide all required services at the Contractor’s facility. Occasional travel may be required and will be specified at the BPA Call level.

F3

ON / OFF RAMP

The U.S. Army Corps of Engineers intends to utilize On-Ramps and Off-ramps, as necessary, to maintain a sufficient pool of contract awardees. It is soley up to the Government to determine whether or not On and/or Off ramps will occur. During an On-ramp, the Government will accept and evaluate new proposals with the intention of adding additional agreements to the suite of BPAs to refresh the pool of competition and provide the Government with better buying power. These proposals shall be subject to the same proposal instructions and evaluation procedures as contained in this solicitation. During a contract off-ramp, the Contracting Officer may elect to remove firms from the BPA contractor pool. This can be performed by Off-Ramping a BPA contractor, termination for convenience, or termination for default. The decision points below include, but are not limited to, some of the reasons why an On- or Off-ramp may occur.

On-Ramp:

If the Government feels the BPA needs additional competition

If market research shows there are more entrants to this market

If the number of requirements unexpectedly increases

Off-Ramp:

If a contractor is fails to participate in at least two BPA Calls per year with each year being calculated from the date of award of the BPA, the Contractor may be subject to Off-Ramping.

If a contractor no longer meets the qualifications listed in WRDA 2007, as amended

If a contractor has a documented poor performance record on two or more BPA Call with an overall performance rating of marginal or lower within a 12-month period the Contractor may be subject to Off-Ramping.

Section G - Contract Administration Data

252.201-7000 Contracting Officer's Representative DEC 1991

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

G1

CONTRACTING OFFICER/AUTHORITY

a. All contractual administration will be carried out by a warranted Contracting Officer acting within their delegated limits. Communications pertaining to contract administration matters shall be addressed to the Contracting Officer shown on the front page of the contract award. No changes in or deviation from the Performance Work Statement shall be effected without a contract modification executed by the Contracting Officer authorizing such changes.

b. The Contracting Officer is the only person authorized to issue changes or otherwise change the terms and conditions of contractual actions. In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, the Contractor is at risk that no adjustment will be made in the contract action’s price to cover any increase(s) in costs incurred as a result thereof.

G2

CONTRACTING OFFICER REPRESENTATIVES (COR’s)

a. The Contracting Officer may appoint one or more Government employees as Contracting Officer Representatives

(COR’s) for technical purposes applicable to this contract. This individual will represent the Contracting Officer in the technical phases of work, but will not be authorized to change any of the terms and conditions of the contract or direct work that will require an amendment to the contract.

b. Only a warranted Contracting Officer (either a Procuring Contracting Officer (PCO), or an Administrative

Contracting Officer (ACO)), acting within their delegated limits, has the authority to issue modifications or otherwise change the terms and conditions of this contract. If an individual other than the Contracting Officer attempts to make changes to the terms and conditions of this contract you shall not proceed with the change and shall immediately notify the Contracting Officer.

c. COR appointment(s) shall be in writing, signed by the Contracting Officer, and shall set forth the authority granted to and the limitations of the COR. The appointment letter shall be provided to the contractor who shall acknowledge receipt of the appointment letters in writing without delay. Such signing shall represent the contractor’s acknowledgement of the limited authority of the COR.

d. COR appointments may be changed or revoked by the Contracting Officer in writing.

G3

CORRESPONDENCE

All correspondence and data submitted by the contractor under this contract shall reference the contract number.

G4

POST-AWARD ORIENTATION CONFERENCE

Within 30 days after contract award an orientation conference (kick-off meeting) will be convened by the

Contracting Officer and the requiring activity. The conference shall be in accordance with FAR Subpart 42.5. See the Performance Work Statement for additional information.

G5

CONSTRUCTIVE CHANGE ORDERS

No order, statement or conduct of the Contracting Officer, the authorized representative of the Contracting Officer, whether or not acting within the limits of his authority, or any other representative of the Government, shall constitute a change under the "Changes" clause of this contract or entitle the contractor to an equitable adjustment of the contract price or delivery schedule under that or any other clause, unless such change is issued in writing and signed by the Contracting Officer. No representative of the Contracting Officer (either PCO or ACO) shall be authorized to issue a written change order under the "Changes" clause of this contract. The Contractor shall be under no obligation to comply with any orders or directions not issued in writing and signed by the Contracting Officer.

G6

PAYMENT SCHEDULE AND INVOICE SUBMISSION (FFP NON-COMMERICIAL)

a. General. The Government shall pay the Contractor as full compensation for all work required, performed and accepted under this contract, inclusive of all costs and expenses, the firm fixed-price in the contract.

b. Invoice Submission. Invoices shall be submitted to the addressee specified in Block 12 of the SF 26, Block 23 of the SF 33, Block 15 of the DD 1155, or may be e-mailed to CEFC-Q0invoices@usace.army.mil. Electronic copies of invoices shall also be sent to DLL‐CEIWRCONTRACT@usace.army.mil as well as the Contracting Officer’s

Representative and the Contract Specialist. The subject line will include the contract number, BPA Call number, and invoice number. To constitute a proper invoice, the invoice shall be submitted in accordance with FAR 32.905 –

Payment Documentation and Process and include a narrative description of work performed in the invoice period.

Acceptable narrative descriptions include a bullet list of activities and progress, a brief narrative of activities and progress or a copy of a status report that includes a quantitative estimate of progress such as percent technical completion or earned value. The contractor’s final invoice should be marked as such.

c. Questions Regarding Payment. Questions regarding status of payment should be directed to the USACE Finance

Center at CEFC-Payments@usace.army.mil (if more than 30 days have passed since the invoice was submitted) with a copy of the payments question sent to the Contract Specialist.

G7

BPA CALL OMBUDSMAN

A contractor who receives an award under this multiple award BPA may contact the ombudsman with a complaint concerning the award of a particular BPA Call placed against these multiple award BPAs.

The contractor is encouraged to first try to resolve the issue with the Contracting Officer who signed the BPA Call prior to contacting the ombudsman. Ombudsman complaints sent via e-mail are acceptable; however, contractors are encouraged to identify in the subject line of the e-mail “Ombudsman Complaint” to ensure appropriate and prompt attention by the ombudsman.

Upon review of the facts, the ombudsman will determine whether the contractor was afforded a fair opportunity consistent with the procedures in the contract and either deny the contractor’s complaint or require the Contracting

Officer take corrective action regarding the complaint. The ombudsman will communicate his or her determination on the matter to the contractor and Contracting Officer.

The primary ombudsman and secondary ombudsman will be provided at time of award.

mailto:CEFC-Q0invoices@usace.army.mil mailto:CEFC-Payments@usace.army.mil

Section H - Special Contract Requirements

H1

NOTICE OF INCORPORATION OF SECTION K

The following section of the solicitation will not be distributed with the contract; however, they are incorporated in and form a part of the resultant contract as though furnished in full text therewith:

SECTION TITLE

K Representations, Certifications and Other Statements of Offerors or Quoters (Bidders)

H2

PERFORMANCE MEETING

The Contracting Officer or duly authorized representative may call a conference quarterly, or as deemed necessary, to discuss any phase of performance under the agreement.

H3

GOVERNMENT RESERVED RIGHTS

The Government reserves the right to approve contractor recommended changes in technical personnel during the life of the agreement.

H4

SAFEGUARDING OF INFORMATION

The Contractor and its employees shall exercise the utmost discretion in regard to all matters relating to their duties and functions. They shall not communicate to any person any information known to them by reason of their performance of services under this contract which has not been made public except in the necessary performance of their duties or upon written authorization of the Contracting Officer. All documents and records (including photographs) generated during the performance of work under this contract shall be for the sole use of and become the exclusive property of the U.S. Government. Furthermore, no article, book, pamphlet, recording, broadcast, speech, television appearance, film or photograph concerning any aspect of work performed under this contract shall be published or disseminated through any media without the prior written authorization of the Contracting Officer’s

Representative. These obligations do not cease upon the expiration or termination of this contract. The Contractor shall include the substance of this provision in all contracts of employment and in all subcontracts hereunder.

H5

CONTRACT TYPE:

HECSA intends to award a Firm Fixed-Price Blanket Purchase Agreement (BPA) to an eligible organization whose offer represents the best value to the Government based upon comparatively-evaluated based on the factors described below:. An eligible organization, as defined in WRDA 2007 and WRRDA 2014, means an organization that:

a. is described in section 501(c)(3), and exempt from Federal tax under section 501(a), of the Internal Revenue Code of 1986;

b. is independent;

c. is free from conflicts of interest;

d. does not carry out or advocate for or against Federal water resource projects; and

e. has experience in establishing and administering peer review panels.

H6

ORDERING

The resulting BPAs include an ordering period of five years. There is no guarantee that the BPA will continue thru the entire five year ordering period. There is no minimum guarantee order for the BPAs. BPAs will be reviewed annually to determine if the Government need still exists, if adequate competition is being achieved, if Small

Business compliance requirements are being met, and to evaluate the contractor’s performance under the BPA.

Awarded BPAs will share an estimated capacity of $9,500,000.00 over the duration of the five year ordering period.

The Government reserves the right to compete and/or rotate BPA Calls as necessary to ensure adequate levels of competition and participation amongst BPA holders is maintained. The only authorized ordering office is the Humphreys Engineer Center Support Activity (HECSA).

H7

BPA CALLS

The Contractor will be required to provide peer review services in accordance with this contract through the issuance of BPA Calls.

Each BPA Call issued pursuant to the “Ordering” clause (DFARS 252.216-7006), shall be on a DD Form 1155, and will contain an individual BPA Call number, by which the Contractor will identify the effort on all documentation, including, but not limited to, invoices, vouchers, correspondence and reports.

Prior to issuance of any BPA Call over $2,500.00, the Government will transmit a Request for BPA Call Proposal

(RFBCP) to the awardees based on the procedures in FAR 16.505(b), unless one of the exceptions in FAR

16.505(b)(2)(i) applies. After receipt of the RFBCP for the individual BPA Call, the contractor shall provide a proposal by a required date utilizing the labor categories and prices set forth in the BPA. Each individual BPA Call proposal must include a technical section and all price elements requested in the RFBCP (i.e. labor and travel required for completion of the PWS). Based upon the proposals received, the Government will select the proposal with the best value to the Government using a tradeoff analysis and a BPA Call will be issued unilaterally to the successful offeror.

No work shall be initiated by the contractor prior to receipt of the signed BPA Call, unless otherwise authorized by the Contracting Officer.

All BPA Calls issued are subject to the terms and conditions of the basic agreement. The basic agreement shall control in the event of conflict with any BPA Call.

The work to be performed shall be in accordance with the written PWS attached to each BPA Call.

Section I - Contract Clauses

52.202-1 Definitions NOV 2013

52.203-3 Gratuities APR 1984

52.203-5 Covenant Against Contingent Fees MAY 2014

52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006

52.203-7 Anti-Kickback Procedures MAY 2014

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity

MAY 2014

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014

52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

OCT 2010

52.203-13 Contractor Code of Business Ethics and Conduct OCT 2015

52.203-17 Contractor Employee Whistleblower Rights and Requirement

To Inform Employees of Whistleblower Rights

APR 2014

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

Content Paper

MAY 2011

52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

OCT 2018

52.204-13 System for Award Management Maintenance OCT 2018

52.204-16 Commercial and Government Entity Code Reporting JUL 2016

52.204-18 Commercial and Government Entity Code Maintenance JUL 2016

52.209-5 Certification Regarding Responsibility Matters OCT 2015

52.209-10 Prohibition on Contracting With Inverted Domestic

Corporations

NOV 2015

52.215-2 Audit and Records--Negotiation OCT 2010

52.215-8 Order of Precedence--Uniform Contract Format OCT 1997

52.215-20 Requirements for Certified Cost or Pricing Data or

Information Other Than Certified Cost or Pricing Data

OCT 2010

52.219-4 Notice of Price Evaluation Preference for HUBZone Small

Business Concerns

OCT 2014

52.219-8 Utilization of Small Business Concerns OCT 2018

52.219-9 Alt II Small Business Subcontracting Plan (AUG 2018) Alternate II NOV 2016

52.219-16 Liquidated Damages-Subcontracting Plan JAN 1999

52.222-3 Convict Labor JUN 2003

52.222-21 Prohibition Of Segregated Facilities APR 2015

52.222-22 Previous Contracts And Compliance Reports FEB 1999

52.222-24 Preaward On-Site Equal Opportunity Compliance Evaluation FEB 1999

52.222-26 Equal Opportunity SEP 2016

52.222-35 Equal Opportunity for Veterans OCT 2015

52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014

52.222-37 Employment Reports on Veterans FEB 2016

52.222-40 Notification of Employee Rights Under the National Labor

Relations Act

DEC 2010

52.222-46 Evaluation Of Compensation For Professional Employees FEB 1993

52.222-50 Combating Trafficking in Persons JAN 2019

52.222-54 Employment Eligibility Verification OCT 2015

52.223-6 Drug-Free Workplace MAY 2001

52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008

52.227-1 Authorization and Consent DEC 2007

52.227-2 Notice And Assistance Regarding Patent And Copyright

Infringement

DEC 2007

52.229-3 Federal, State And Local Taxes FEB 2013

52.232-1 Payments APR 1984

52.232-8 Discounts For Prompt Payment FEB 2002

52.232-11 Extras APR 1984

52.232-23 Assignment Of Claims MAY 2014

52.232-25 Prompt Payment JAN 2017

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

Management

OCT 2018

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-1 Disputes MAY 2014

52.233-3 Protest After Award AUG 1996

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004

52.242-13 Bankruptcy JUL 1995

52.243-1 Alt I Changes--Fixed Price (Aug 1987) - Alternate I APR 1984

52.246-25 Limitation Of Liability--Services FEB 1997

52.249-2 Termination For Convenience Of The Government (Fixed-

Price)

APR 2012

52.249-8 Default (Fixed-Price Supply & Service) APR 1984

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

252.203-7003 Agency Office of the Inspector General AUG 2019

252.204-7000 Disclosure Of Information OCT 2016

252.204-7003 Control Of Government Personnel Work Product APR 1992

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

252.205-7000 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

252.215-7008 Only One Offer JUL 2019

252.219-7003 Small Business Subcontracting Plan (DOD Contracts) DEC 2019

252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements DEC 2010

252.223-7004 Drug Free Work Force SEP 1988

252.225-7012 Preference For Certain Domestic Commodities DEC 2017

252.225-7048 Export-Controlled Items JUN 2013

252.226-7001 Utilization of Indian Organizations and Indian-Owned

Economic Enterprises, and Native Hawaiian Small Business

Concerns

APR 2019

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

CLAUSES INCORPORATED BY FULL TEXT

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JULY 2013)

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

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is ``not dominant in its field of operation'' when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts--

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards.

(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The

Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the

Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.

(g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in

SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

The Contractor represents that it ( ) is, ( ) is not a small business concern under NAICS Code - assigned to contract number .

(Contractor to sign and date and insert authorized signer's name and title).

(End of clause)

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):

https://www.acquisition.gov/

(End of provision)

252.203-7004 DISPLAY OF HOTLINE POSTERS (AUG 2019)

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

United States means the 50 States, the District of Columbia, and outlying areas.

(b) Display of hotline poster(s).

(1)(i) The Contractor shall display prominently the DoD fraud, waste, and abuse hotline poster prepared by the DoD

Office of the Inspector General, in effect at time of contract award, in common work areas within business segments performing work under Department of Defense (DoD) contracts.

(ii) For contracts performed outside the United States, when security concerns can be appropriately demonstrated, the contracting officer may provide the contractor the option to publicize the program to contractor personnel in a manner other than public display of the poster, such as private employee written instructions and briefings.

(2) If the contract is funded, in whole or in part, by Department of Homeland Security (DHS) disaster relief funds and the work is to be performed in the United States, the DHS fraud hotline poster shall be displayed in addition to the DoD hotline poster. If a display of a DHS fraud hotline poster is required, the Contractor may obtain such poster from—

(i) DHS Office of Inspector General/MAIL STOP 0305, Attn: Office of Investigations – Hotline, 245 Murray Lane

SW, Washington, DC 20528-0305; or

(ii) Via the internet at https://www.oig.dhs.gov/assets/Hotline/DHS_OIG_Hotline-optimized.jpg.

(c)(1) The DoD hotline poster may be obtained from: Defense Hotline, The Pentagon, Washington, D.C. 20301-

1900, or is also available via the internet at https://www.dodig.mil/Resources/Posters-and-Brochures/.

(2) If a significant portion of the employee workforce does not speak English, then the poster is to be displayed in the foreign languages that a significant portion of the employees speak.

(3) Additionally, if the Contractor maintains a company website as a method of providing information to employees, the Contractor shall display an electronic version of the required poster at the website.

(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in all subcontracts that exceed the threshold specified in Defense Federal Acquisition Regulation Supplement

203.1004(b)(2)(ii) on the date of subcontract award, except when the subcontract is for the acquisition of a commercial item.

(End of clause) https://www.oig.dhs.gov/assets/Hotline/DHS_OIG_Hotline-optimized.jpg https://www.dodig.mil/Resources/Posters-and-Brochures/

Section K - Representations, Certifications and Other Statements of Offerors

252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7007 Alternate A, Annual Representations and Certifications DEC 2019

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2020)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 541690.

(2) The small business size standard is $16,500,000.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

( ) Paragraph (d) applies.

( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or

Statements--Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at

52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.204-26, Covered Telecommunications Equipment or Services--Representation. This provision applies to all solicitations.

(vii) 52.209-2; Prohibition on Contracting with Inverted Domestic Corporations--Representation.

(viii) 52.209-5; Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(x) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xii) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xvi) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased

Products Under Service and Construction Contracts.

(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.

(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.)

(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xxi) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and

III.) This provision applies to solicitations containing the clause at 52.225- 3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $83,099, the provision with its Alternate II applies.

(D) If the acquisition value is $83,099 or more but is less than $100,000, the provision with its Alternate III applies.

(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at

52.225-5.

(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.

(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.

(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

(i) 52.204-17, Ownership or Control of Offeror.

(ii) 52.204-20, Predecessor of Offeror.

(iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

(iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment--Certification.

(v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain

Services--Certification.

(vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-

Designated Products (Alternate I only).

(vii) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

(viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The Offeror has completed the annual representations and certifications electronically in SAM accessed through https://www.sam.gov. After reviewing the SAM information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR

4.1201); except for the changes identified below [ offeror to insert changes, identifying change by clause number, title, date]. 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.

FAR Clause Title Date Change

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 on SAM.

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

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

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian

Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a

Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means--

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

https://www.sam.gov/

(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than

$10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the

Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in--

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).

https://www.sam.gov/

Section L - Instructions, Conditions and Notices to Bidders

52.204-7 System for Award Management OCT 2018

52.222-24 Preaward On-Site Equal Opportunity Compliance Evaluation FEB 1999

252.225-7003 Report of Intended Performance Outside the United States and Canada--Submission with Offer

OCT 2015

52.215-1 INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION (JAN 2017)

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

“Discussions” are negotiations that occur after establishment of the competitive range that may, at the Contracting

Officer's discretion, result in the offeror being allowed to revise its proposal.

“In writing or written” means any worded or numbered expression which can be read, reproduced, and later communicated, and includes electronically transmitted and stored information.

“Proposal modification” is a change made to a proposal before the solicitation's closing date and time, or made in response to an amendment, or made to correct a mistake at any time before award.

“Proposal revision” is a change to a proposal made after the solicitation closing date, at the request of or as allowed by a Contracting Officer as the result of negotiations.

“Time”, if stated as a number of days, is calculated using calendar days, unless otherwise specified, and will include

Saturdays, Sundays, and legal holidays. However, if the last day falls on a Saturday, Sunday, or legal holiday, then the period shall include the next working day.

(b) Amendments to solicitations. If this solicitation is amended, all terms and conditions that are not amended remain unchanged. Offerors shall acknowledge receipt of any amendment to this solicitation by the date and time specified in the amendment(s).

(c) Submission, modification, revision, and withdrawal of proposals. (1) Unless other methods (e.g., electronic commerce or facsimile) are permitted in the solicitation, proposals and modifications to proposals shall be submitted in paper media in sealed envelopes or packages (i) addressed to the office specified in the solicitation, and (ii) showing the time and date specified for receipt, the solicitation number, and the name and address of the offeror.

Offerors using commercial carriers should ensure that the proposal is marked on the outermost wrapper with the information in paragraphs (c)(1)(i) and (c)(1)(ii) of this provision.

(2) The first page of the proposal must show--

(i) The solicitation number;

(ii) The name, address, and telephone and facsimile numbers of the offeror (and electronic address if available);

(iii) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and agreement to furnish any or all items upon which prices are offered at the price set opposite each item;

(iv) Names, titles, and telephone and facsimile numbers (and electronic addresses if available) of persons authorized to negotiate on the offeror's behalf with the Government in connection with this solicitation; and

(v) Name, title, and signature of person authorized to sign the proposal.