Solicitation.docx

W9123721Q0014

Section SF 1449 - CONTINUATION SHEET

INSTRUCTION TO OFFERORS

The Government intends to award one firm-fixed price commercial supply contract.

The award will be based on low-price. Prospective offerors must complete the information below.

Estimated Delivery Time: __________________________________

Unique Entity Identifier (formerly DUNS): ___________________________

TAX ID: ________________________

IMPORTANT NOTICE: Effective September 26, 2018 and in accordance with FAR Clause 52.204-7, “an Offeror is required to be registered in SAM when submitting an offer or quotation, and shall continue to be registered until time of award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.” Vendors are highly encouraged to check their registration status and plan accordingly prior to submitting an offer.

Please direct all questions to Cheryl Grimes at (304) 399-5050 or cheryl.grimes@usace.army.mil. THE SOLICITATION AND RESULTING CONTRACT SHALL BE THE GOVERNING DOCUMENT IN ALL CASES.

QUOTES MUST BE E-MAILED TO Cheryl Grimes at cheryl.grimes@usace.army.mil. Mailed offers will not be accepted. Faxed offers cannot be accepted at this time due to COVID-19.

CONTRACTOR FEEDBACK. Help us in BUILDING STRONG. Please provide us with your feedback, comments and recommendations for improvement by visiting our Interactive Customer Evaluation (ICE) Website at:

https://ice.disa.mil/index.cfm?fa=SiteSuggestions&site_id=856&dep=*DoD&suggestion_type=1

Veterans Employment Emphasis for U.S. Army Corps of Engineers Contracts:

In addition to complying with the requirements outlined in FAR Part 22.13, FAR Clause 52.222-35, FAR Clause 52.222-37, DFARS 222.13 and Department of Labor regulations, U.S. Army Corps of Engineers (USACE) contractors and subcontractors at all tiers are encouraged to promote the training and employment of U.S. veterans while performing under a USACE contract. While no set aside, evaluation preference, or incentive applies to the solicitation or performance under the resultant contract, USACE contractors are encouraged to seek out highly qualified veterans to perform services under this contract. The following resources are available to assist USACE contractors in their outreach efforts:

- U.S. Department of Labor Veterans’ Employment and Training Service (VETS):

https://www.dol.gov/vets/

- Federal Veteran Employment Information: https://www.fedshirevets.gov/

- Veterans Opportunity to Work (VOW) Program: https://www.benefits.va.gov/vow/

- U.S. Army Warrior Transition Command Employment Index:

https://wct.army.mil/modules/employers/index.html

- Hiring Our Heroes: https://www.uschamberfoundation.org/hiring-our-heroes

(End of special contract requirement)

PRICE BREAKOUT SCHEDULE

Contractor shall quote the following options:

PERFORMANCE WORK STATEMENT

SPECIFICATION

DRY-DOCK OF LD793 AND LD794 BARGES

1 GENERAL

The LD793 and LD794 are 140’ x 27’ x 7’ cargo barges owned by the U.S. Army Corps of Engineers Huntington District. The barges are located at and available for inspection at the Louisville Repair Station, 2605 Shippingport Drive, Louisville, KY 40212. Contact Drake Riley at 502-619-6002 or Gary Murphy at 304-399-6216 to schedule inspection.

2 SCHEDULE

The contractor shall complete dry dock and other services outlined within scope of barges LD793 and LD794 within 30 days of the arrival of the LD793 and LD794. Modifications to the contract might result in a time extension.

3 DRYDOCK REPAIRS

All work must be completed during dry dock or as dockside service. Anything below the waterline shall be completed during dry dock to facilitate government inspection.

a. Dry Dock and Visual Inspection

i. The barges shall be fully removed from the water by means of a traditional dry dock or marine ways. The barges shall be blocked in such a way that can structurally support the barge with no damage to the hull.

ii. The entire hull exterior, main deck, forward rake, sides, stern, and bottom, shall be pressure washed with fresh water of in accordance with Steel Structures Painting Council Standards SSPC-SP12 High-Pressure Water Cleaning (HP WC – 5,000 to 10,000 psig).

iii. The visual inspection shall also indicate the number of pin holes and larger repairs that are needed to the hulls and record all information on a scaled diagram of the barges. All pin holes, deteriorated areas, damaged areas, holes or other type of hull damage shall be identified and logged into a report. The inspection shall be completed before any repairs are started. Report shall include photographs of all damage areas.

iv. All areas recommended for repairs shall be marked white on the hull as white. Each recommended repair area must be labeled and have a corresponding explanation on the inspection report described below.

v. Contractor shall provide a detailed report of the visual inspection that includes the following information within 10 days of arriving on contractor’s property:

· Photographs of any paint failure, existing corrosion, or structural damage.

· Proposal for any repairs to protect the structural integrity of the boat.

b. Audio-Gauge Hull Inspection

i. Contractor shall provide the service of a marine surveyor to audio-gauge each barge in accordance with 7-3-4/3.1 ABS Steel Vessel Rules. The Contractor is responsible for all coordination to ensure that the marine surveyor and the equipment used are acceptable to ABS and USCG prior to the start of any audio-gauging work.

ii. The minimum requirements for the hull thickness measurement is as follows:

a. Bottom Plating – Ten (10) equally spaced transverse sections beginning at the forward collision bulkhead and extending aft, four (4) readings per section.

b. Rake End Plating – Three (3) transverse sections at both the bow and stern rake sheets; one at the rake tangent, one at the light waterline, and one at the load waterline, four transverse readings per section.

c. Bilge Knuckle (Port and Starboard) – Ten (10) equally spaced transverse sections beginning at the forward collision bulkhead and extending aft, two (2) readings per section located at 30-degrees and 60-degrees on the knuckle radius.

d. Rake Knuckles (Bow and Stern, Port and Starboard) – Three (3) transverse sections at both the bow and stern rake sheets; one at the rake tangent, one at the light waterline, and one at the load waterline, two (2) readings per section located at the 30-degrees and 60-degrees on the knuckle radius.

e. Side Shell Plating (Port and Starboard) – Twelve (12) equally spaced transverse sections beginning 5-ft. aft of the headlog and extending to the stern log, three (3) readings per section (above the bilge knuckle and at the 2-ft and 4-ft draft marks.

f. Areas of particular concern and as considered necessary by the attending Surveyor or government representative. Any additional recommended work shall be incorporated into the contract by written modification.

The Contractor is also responsible for having the marine surveyor provide a detailed report of the audio-gauge readings. At a minimum, contractor shall include:

· Identification of recommended repair

· Location of area of recommended repair

· Size of Repair Area

· Brief description of the corrosion found

· Audio-gage data gathered As part of this work, the Contractor is also responsible for providing all labor and equipment for removal of paint in way of a reading and repairing paint, including non-skid where applicable. All areas of the hull that are recommended for repair shall be marked white. Each recommended repair area must be labeled and have a corresponding explanation on the inspection report. The Contractor shall submit the report within 10 calendar days after the barges have been delivered to the Contractor’s facility and the structural integrity of the barges. The Government shall determine if an additional modification shall be pursued based on the condition report, physical inspection, reasonableness of the proposal, and availability of funding.

c. Surface Preparation

i. All steel surfaces exterior surfaces shall be cleaned and prepared for painting in accordance with applicable “Surface Preparation Specifications” published by the Steel Structures Painting Council listed below:

· Solvent Cleaning: SSPC-SP1, 1 Nov 82

· Hand Tool Cleaning: SSPC-SP2, 1 Nov 82

· Power Tool Cleaning: SSPC-SP3, 1 Nov 82

· Commercial Blast Cleaning: SSPC-SP6

· Near White Metal Blast: SSPC-SP10-85

· Power Tool Cleaning to Bare Metal: SSPC-SP11, 19 Jul 12

· High-Pressure Water Cleaning: SSPC-SP12

ii. The boat, before painting, shall be free of all visible oil, grease, dirt, dust, mill scale, rust paint, oxides, corrosion products, and other foreign matter, except for staining. Staining shall be limited to no more than 33 percent of each square inch of surface area and may consist of light shadows, slight streaks, or minor discolorations caused by stains of rust, stains of mil scale, or stains of previously applied paint.

iii. Before blast cleaning, visible deposits of oil or grease shall be removed by any of the methods specified in SSPC-SP1 or other agreed upon methods. For complete instructions, refer to Joint Surface Preparation Standard SSPC-SP6/NACE No. 3.

d. Painting

i. Prior to beginning to paint all surfaces shall be cleaned and dry.

ii. Hull Exterior For purpose of this contract, hull exterior includes all surfaces below the top edge of the main deck radius.

1. Immediately upon completion of surface preparation, all steel shall be coated with the coating system described below:

a. All hull surfaces shall be coated with a base coat of marine grade epoxy primer at 8 mils DFT.

b. All hull surfaces shall be overcoated with top coat of marine grade, steel structure paint 12 mils DFT minimum.

c. All hull surfaces higher than 6 feet above the base line shall be coated with a fade resistant urethane top coat at 4 mils DFT minimum.

Areas where the top edge of the main deck radius transitions into the main deck, and/or deck fittings near the edge of the main deck radius, shall be feathered in and coated in accordance with the coating systems (and paint colors) listed under section 7.

iii. Main Deck, Gunnels, and Deck Fittings

For the main deck, any surface areas of the deck requiring painting, the contractor shall either abrasive blast these surfaces to SSPC-SP6 or power tool clean in accordance with Steel Structure Painting Council Standards SSPC-SP11 to achieve a minimum DFT of 1.0 mils. All edges shall be feathered back to match the original surrounding coatings.

Immediately upon completion of surface preparation, all steel shall be coated with the coating system described below:

a. All main deck, gunnels, and deck fitting surfaces shall be coated with a base coat of marine grade epoxy primer at 8 mils DFT minimum.

b. All main deck, gunnels and deck fitting surfaces shall be overcoated with top coat of marine grade, steel structure paint at 12 DFT minimum.

c. The last coat of paint on the main deck areas, shall include non-skid abrasive as described in section 8.x.

iv. The boat, before painting, shall be free of all visible oil, grease, dirt, dust, mill scale, rust paint, oxides, corrosion products, and other foreign matter, except for staining. Staining shall be limited to no more than 33 percent of each square inch of surface area and may consist of light shadows, slight streaks, or minor discolorations caused by stains of rust, stains of mil scale, or stains of previously applied paint. Before blast cleaning, visible deposits of oil or grease shall be removed by any of the methods specified in SSPC-SP1 or other agreed upon methods. For complete instructions, refer to Joint Surface Preparation Standard SSPC-SP6/NACE No. 3.

v. Paint all surfaces that were sandblasted to the specifications as described above and in Section 7, Painting. This, at minimum, includes the exterior of the hull below the main deck and any interior areas where welding was performed.

e. Gunnel Door Installation

i. Contractor shall procure and install two (2) inward swinging steel gunnel doors on the LD 793 barge.

ii. Gunnel doors shall be hung on two existing hinges and be able to be tied off to the existing chain located on each side of the hinges.

iii. Previous gunnel doors had dimensions of approximately 40” x 36” x ½”. Pictures of the gunnel doors are included with the scope of work.

iv. Gunnel doors shall be painted to match the paint color of the gunnels.

4 DELIVERY OPTIONS

i. Contractor shall provide a quote for the option line items for the pickup and delivery.

ii. If the options for delivery and/or pickup is exercised, contractor will be responsible for providing pickup and/or delivery of the barge from Louisville Repair Station (Ohio River Mile 606) to the contractor’s site and from the contractor’s site to Louisville Repair Station when it is to be returned.

iii. Pickup shall be made within 14 days of receiving the notice to proceed.

5 WELDING

i. All welding performed under this contract or its modifications shall be accomplished only by welders who have successfully passed the qualification tests of the American Bureau of Shipping, American Welding Society, the U.S. Navy, or the U.S. Coast Guard.

ii. The contractor shall bear the expense of conducting these tests and shall certify by name to the Contracting Officer, welders who have successfully passed the prescribed test. The contractor shall require any welder to repeat these tests when, in the opinion of the Contracting Officer or his representatives, the work of the welder indicated a reasonable doubt of his/her efficiency. In such cases, the welder shall be re-certified as above if he/she successfully passes the re-test.

iii. The electrodes used throughout the work shall be suitable for use with the parent metal at each weld. Electrodes shall be received on the job in unbroken packages bearing the manufacturer’s label or be otherwise marked. Certified statements shall accompany each shipment of electrodes to the effect that sample pieces, representatives of each kind and size in each shipment, have satisfactorily passed the test required by the American Bureau of Shipping.

iv. All welding procedures shall conform to American Bureau of Shipping standards when applicable.

6 PAINTING

i. General - The contractor shall paint the entire, exterior barge hull surface, the deck surface and gunnels, and the entire new construction area, interior and exterior. The contractor will be permitted to use a standard marine paint system to protect the inside and outside surfaces of the barge, conforming to the coating schedule listed below. The coating system shall be subject to the contractor to furnish one quart samples of any type, color, or representative samples of any or all ingredients in the paint formulation for testing and approval before the material, represented by the samples is used on the work.

ii. Submittals – The contractor shall submit to the contracting officer, for approval, the paint system to be used. The submittal shall include the paint manufacturer’s data sheets for the system, showing suitability for fresh water immersion and marine service.

iii. Paint – Paint shall be delivered in sealed containers with labels to indicate manufacturer, date of manufacture, contents, and any special instructions. Paints shall not be used if they have exceeded the closed shelf or pot life, recommended by the paint manufacturer. Additionally, paints shall not be applied in weather or humidity conditions not recommended by the paint manufacturer.

iv. Documentation – The Contractor shall furnish a Daily Painting Inspection Record of paint applied as follows:

· Date and time - start and finish

· Description of item painted

· Temperature of item to be painted (F) - start and finish

· Temperature of air in immediate area (F) - start and finish

· Dew point temperature - start and finish

· Average paint thickness (wet & dry film), start and finish

· Type and lot number of paint and paint manufacturer

· Name of painter and Company

· Method of application

· Comments

· Drying time

· Type and amount of thinner(s) used

· Time between start and finish of surface preparation and start of painting A sample paint inspection report form is attached at the end of this Section of the specifications. Temperature shall be recorded from the noted areas to portray the minimum and maximum range of temperature. The CQC inspectors shall sign and date the sheet after he has inspected the surface preparation paint coating and is assured of its adequacy. The CQC inspector shall utilize, but not be limited to, the following tools for his inspection: A thickness gauge as specified herein, a pinhole tester, and a magnifying glass. The Contractor shall provide instrumentation to record, either directly or indirectly, dew point temperature, ambient temperature, and surface temperature of the item to be painted or a representative item as approved. The record of the above data shall be submitted to the Contracting Officer.

v. Painting System – All paints shall be applied in strict conformance with the recommendation of manufacturer. Where dry film thickness requirements are specified, they shall have precedence over the number of coats specified. Thickness requirements of each coat specified shall be maintained by a method approved by the manufacturer.

vi. Government Inspection – Prior to re-floating the barge, all surfaces (interior and exterior) painted, shall be thoroughly inspected. To allow inspection by the Government, the contractor shall give notice to the government 3 calendar days in advance of undocking the barges.

If there are any defects or damage to the coating of the vessel, the contractor shall repair the coating to restore the integrity of the paint system, and to meet the requirements of this specification. All damage shall be cleaned to bare metal, spot blasted to restore profile, and re-coated with the entire paint system schedule.

vii. Testing – After completion of painting, contractor will be required to test for paint thickness of all new paint applied. Data for all testing points Testing grid requirements for the barges post painting are as follows:

· All flat surfaces, one reading per every 200-square feet, uniformly distributed, but a minimum of once per frame, per surface

· All free standing structural members, i.e. stanchions, truss diagonals, gunnels, etc., one reading per 50-linear feet of length each surface, but a minimum of two readings per surface.

viii. The barge colors shall be as listed below:

ix. Add non-skid material to the last coat on all deck areas. The non-skid abrasive shall be fine pumice mixed into the paint and not broadcast on top.

7 GOVERNMENT INSPECTION

i. Prior to re-floating the barges, contractor shall make the government aware to allow for a government representative to perform an inspection.

ii. All documentation required of the contractor shall be turned into a government representative prior to the government representative giving approval of a completed dry dock.

iii. Once the government representative has approved the barge, the contractor may re-float the barge.

8 CERTIFICATION

At the time of quote submittal for the solicitation, the contractor shall submit with their quote, certification for the dry dock to be used to lift the vessel. The dry dock to be used for the work shall be certified by one of the following:

a. US Navy, Naval Seas Systems Command

b. American Bureau of Shipping (ABS)

c. An IACS member classification society

d. An independent, registerd Professional Engineer specialized in dry docks, who shall cover the inspection requirements above.

9 DELIVERY

If the delivery and pickup quote options are not accepted, the government will be responsible for delivery and pick up the barges LD793 and LD794 to a repair facility within 300 river miles of Ohio River mile marker 606. Delivery and pickup scheduled will be coordinated at least 1 week prior.

10 ANTI-TERRORISM/OPERATIONAL SECURITY

Contractor shall comply with the following required training and/or security procedures. Any proof of training required shall be submitted to the COR or government representative.

a. Access and General Protection/Security Policy and Procedures – All contractor and all associated sub-contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks or background investigation and to meet installation/facility access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any installation or facility change, the Government may require changes in contractor security matters or processes.

b. Contractors that do not require CAC, but require access to a DOD installation – Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05 / AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative, as NCIC and TSDB are available), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

c. Suspicious Activity Reporting Training – The contractor and all associated sub-contractors shall receive a brief/training (provided by the RA) on the local suspicious activity reporting program. This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the project manager, security representative or law enforcement entity. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance with the results reported to the COR NLT 5 calendar days after the completion of the training.

d. Will be escorted in areas where they may be exposed to classified and/or sensitive materials and/or sensitive or restricted areas – All contract employees, including subcontractor employees who are not in possession of the appropriate security clearance or access privileges, will be escorted in areas where they may be exposed to classified and/or sensitive materials and/or sensitive or restricted areas.

e. Pre-screen candidates using E-Verify Program - The Contractor must pre-screen Candidates using the E-verify Program (http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements. The Vendor must ensure that the Candidate has two valid forms of Government issued identification prior to enrollment to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible Candidates must be provided to the COR no later than 3 business days after the initial contract award

SECURITY REQUIREMENTS

All Contractor and subcontractor employee(s) working on any contract who require access in and/or around any Government controlled facilities, projects, owned or leased facility/space, or customer property shall receive authorization to be on site at these areas based upon a favorable background investigation in accordance with “Homeland Security Presidential Directive 12: Policy for a Common Identification Standard for Federal Employees and Contractors” (HSPD 12). The District Security Management Office shall submit contractor(s) personal information to complete the basic background investigation in order to make a recommendation to the Contracting Office of an employee’s suitability for work on Government property. The Procuring Contracting Officer (PCO) has the right to deny any contractor or subcontractor employee from working on any contract based upon the results of the background investigation provided by the District Security Management Office. The Owner of any non-government property may have additional requirement that will be defined in the task order.

NONDISCLOSURE OF INFORMATION:

The Contractor shall treat all documents received from the Government as sensitive in nature regardless of markings. Individually, and/or together, they represent information that may allow compromise of a Government structure or its function. The Contract, or Task Order, end does not change the sensitivity of the aforementioned materials and they shall remain sensitive in perpetuity.

At no time may any information related to this contract or a task order be shared with anyone outside of the USACE or approved contactor team working the order. This includes any Government Partners; all documents shall pass through the USACE's hands, to you or from you, since this contract is with the USACE only.

When we state "sharing," it minimally means with other employees of the Contractor that don't have a need to know to perform the work, anyone outside of the immediate Contractor team to include family, or through any type of presentation or paper. It includes keeping the information in a manner that someone passing by a desk cannot pick it up and view it and putting it away at the end of each day in a closed container.

If there is a question on sharing, please immediately contact the Contracting Officer’s Representative (COR) and they will enter into discussions with the required team members to determine a path forward as quickly as possible. If there is a breach of sharing, it shall be immediately reported to the COR and the Contracting Officer, and include the name of the person(s) who allowed the breach and the name of the person(s) who saw the data. If the Task Order requires a presentation or submission to others, the presentation or submission is not a violation of the non-disclosure requirement.

FOR ALL BASE CONTRACTS WITH SUBSEQUENT OPTION YEARS:

Contractors shall submit a complete investigation packet for each contractor and subcontractor employee to the District Security Management office prior to the individual being permitted access in or on District facilities.

The Contractor shall also provide the following: (1) Name of the Contract Specialist with whom he/she is working, (2) Project Name, (3) Contract Number (4) Task Order Number when applicable, and (5) Security Information Sheet on each employee working on site shall be submitted directly to the District Security Management Office.

The Contractor shall provide a full legal name, complete SSN#, Date of Birth, Place of Birth (City and State) and Driver’s license number if available. It is the Contractor’s responsibility to ensure the above information is accurate and legible, otherwise delays may occur.

Contractors shall have background checks completed for their employees annually in the case of Contracts with option periods. For instance, an employee cleared in May of 2018, shall be cleared again in May of 2019. It is the Contractor’s responsibility to ensure that each employee’s security is up to date. Failure to comply may lead to possible removal from the project/jobsite.

The Contractor shall ensure new or additional employees are fully vetted and approved by the District USACE Security Management staff before being permitted access to document or allowed to begin work on the contract in any fashion.

Where a base contract exceeds one year in length, the contractor shall submit SF-85 questionnaire for non-sensitive positions and SF87 finger print cards for each employee that will work on the contract for the full period of performance. For task orders, the Contractor will follow the guidance preceding this paragraph.

FOREIGN NATIONALS

The Contractor shall provide the package listed above, as well as additional materials noted below for all Foreign Nationals. The Contractor is to expect additional time in the approval process for all Foreign Nationals due to the level of review and elevation of the review to Headquarters staff to complete. All Foreign Nationals shall be cleared 30 to 45 days in advance of any site visit, tour, or work on federally owned/leased property. Typical clearance time is 45 business days. All Foreign Nationals shall comply with the following paragraph:

In accordance with Engineering Regulation 380-1-18, “Technology Transfer, Disclosure of Information and Contacts with Foreign Representatives” dated 1 August 1996, Section 4, all foreign nationals who work on Corps of Engineers’ contracts shall be approved by the Headquarters US Army Corps of Engineers (HQ USACE) Foreign Disclosure Officer before beginning work on this contract; this regulation includes subcontractor employees. The Contractor shall submit to the Security Management Office, the names of all foreign nationals proposed for performance under this contract, along with documentation to verify legal admittance into the United States. Such documentation shall include at least one of the following: a U.S. passport, Certificate of U.S. Citizenship (INS Form N-560 or N-561), Certificate of Naturalization (INS Form N-550 or N-570), Alien Registration Card with photograph (INS Form I-151 or I-551), Employment Authorization Card (INS Form I-688A), etc.

In order to assure forms are properly completed, and to minimize time delays, the Contractor is encouraged to work closely with the District Security Management Office. The Government will return for correction incomplete forms, illegible forms, etc. which will delay the contractor / subcontractor from beginning work. A scanned copy of a valid passport shall be sent to the Security Management Office in order to formally request a visit to any District facilities, projects, owned or leased facility/spaces.

GENERAL:

Security requirements are subject to change in accordance with HSPD-12, Office of Personnel Management, Engineering or Army regulation or policy changes, etc. The Government shall add any changes to security requirements by modification to the contract or at the Task Order level.

For Huntington District Contracts, the Contractor shall contact the Huntington District Security Management Office by phone, letter, or email at the following numbers/addresses:

CELRH-SM

502 Eighth Street Huntington, WV 25701

Scott E. Grandon, phone (304) 399-5661; email scott.e.grandon@usace.army.mil Stephen R. Curry, phone (304) 399-5695; email stephen.r.curry@usace.army.mil Matthew D. Green, phone (304) 399-5294; email matthew.d.green@usace.army.mil Sandra L. Hardwick, phone (304) 399-5612; email sandra.l.hardwick@usace.army.mil

Any invoices should be sent via U.S. mail or email to:

Drake Riley - Drake.C.Riley@usace.army.mil or Sarah Bennett - Sarah.D.Bennett@usace.army.mil U.S. Army Corps of Engineers Lousiville Repair Station 2605 Shippingport Drive Lousiville, KY 40212 502-619-6001

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2016)

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

Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public Web sites) or simple transactional information, such as necessary to process payments.

Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

Safeguarding means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(End of clause)

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)

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

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

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

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

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

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

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

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that--

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

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

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

(e) Disclosures.

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

(i) For covered equipment--

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

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

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

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

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

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

(i) For covered equipment--

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

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

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

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

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

(End of provision)

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (DEVIATION 2018-O0018) (JUN 2020)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and…