Solicitation W15QKN22Q5096.pdf

SEE ADDENDUM

(No Collect Calls)

W15QKN22Q5096 26-Jul-2022

b. TELEPHONE NUMBER

609-562-5014

8. OFFER DUE DATE/LOCAL TIME

11:00 AM 16 Aug 2022

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

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

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W15QKN9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

JASMINE BROWNE

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

(TYPE OR PRINT)

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

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

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

0011690999

ARE NOT ATTACHED

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

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

US ARMY CONTRACTING COMMAND

5418 S. SCOTT PLAZA

JOINT BASE MDL NJ 08640

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE W16JDT 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

CAVEN POINT USARC

99TH READINESS DIVISION

#1 CHAPEL AVE & CAVEN POINT RD

JERSEY CITY NJ 07305

TEL: FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$8,500,000

NAICS:

561730

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

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

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF61

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

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

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

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

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

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

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W15QKN22Q5096

Section SF 30 - BLOCK 14 CONTINUATION PAGE

INSTRUCTIONS TO OFFERORS

**THIS IS A 100% SMALL BUSINESS SET ASIDE**

Note: See and complete all applicable areas within Federal Acquisition Regulation (FAR) 52.204-24 and 52.204-26. As a result of interim FAR rule 2019-009, published on 14 July 2020 and effective on 13 August 2020, Section 889(a)(1)(B) Prohibition on Contracting with Entities Using Certain Telecommunications and Video Surveillance Services or Equipment Clauses, these clauses are included.

1. The purpose of this solicitation is to procure Grounds Maintenance Services for the 99th Readiness Division (RD) at 198 Caven Point Road, Jersey City, New Jersey 07305.

2. The Government intends to award a single, Firm-Fixed-Price (FFP) requirements contract. The period of performance for this effort shall be a 12-month base period and four, 12-month option periods from date of contract award.

3. See Federal Acquisition Regulation (FAR) 52.212-1 - Instructions to Offerors, FAR 52.212-1 Addendum for instructions to offerors and FAR 52.212-2, Addendum for evaluation criteria.

4. Contractor quotes must include:

a) Unit and extended pricing for all Contract Line Item Numbers (CLINs) for the base and option periods found in Section B of this solicitation. Insert proposed fixed-price unit and extended prices for each Contract Line Item Number (CLIN), to include the base period and all option periods. Prices shall not extend past the second decimal point for unit and extended amounts. The proposed price shall include all personnel, supplies, services, management, overhead, other directs costs, G&A, and profit to fulfill the contractual requirements of Performance Work Statement and any Technical Exhibits.

b) CAGE Code, Unique Entity Identifier (UEI), business-size standard, any small business preference such as 8(a) certified, HUBZone Certified, WOSB, etc.) and any other particular terms not mentioned in this quote.

c) Complete blocks 12, 17 and 30 of the SF1449 as well as any amendments. In doing so, the offeror accedes to the contract terms and conditions as written in the Request for Quote.

5. A Site Visit will be available upon request. All requests shall be submitted via email to the Contract Specialist and the Regional Facility Operations Specialist (RFOS), Louis Corbo Phone: (910) 598-2214 or Email:

louis.a.corbo.civ@army.mil. Visitors must have a valid driver's license or state issued identification.

6. Questions regarding this solicitation shall be submitted via email no later than 11:00A.M. EST on 02 August 2022 to Jasmine Browne, Contract Specialist, at jasmine.m.browne.civ@army.mil and Stephanie M. Howell, Contracting Officer, at stephanie.m.howell2.civ@army.mil.

7. All services shall be performed in accordance with the Performance Work Statement.

8. All offers shall remain valid for 120 calendar days.

9. Attachments:

PWS-Grounds Maintenance - FY22 - Rev 7

NJ008_GROUNDSMAINTENANCEMAP_MAY2022-CUI

WD #2015-4185 – Date June 27,2022

CONTRACT ADMINISTRATION

Contracting Officer

Name: Stephanie M. Howell Phone: (609) 562-2695 Email: stephanie.m.howell2.civ@army.mil

Contract Specialist Name: Jasmine Browne Phone: (609) 562-5014 Email: jasmine.m.browne.civ@army.mil

99th Program Analyst/Technical POC Name: Michael Fabozzi Phone: (609) 562-7757 Email: michael.s.fabozzi.civ@army.mil

RFOS/COR Site Visit Point of Contact Name: Louis Corbo Phone: (910) 598-2214 Email: louis.a.corbo.civ@army.mil

Place of Performance 198 Caven Point Road Jersey City, NJ 07305

Period of Performance One (1) twelve (12) month base period and four twelve (12) month option periods from date of contract award.

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 16 Each BY - Mowing - NJ008

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide ground maintenance at Caven Point USARC #1 Chapel Ave & Caven Point Road Jersey City, NJ 07305-4021 in accordance with the performance work statement.

FOB: Destination

PURCHASE REQUEST NUMBER: 0011690999

PSC CD: S208

NET AMT

0002 2 Each BY - Edging - NJ008

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide ground maintenance at Caven Point USARC #1 Chapel Ave & Caven Point Road Jersey City, NJ 07305-4021 in accordance with the performance work statement.

FOB: Destination

0003 8 Each BY - Trimming - NJ008

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide ground maintenance at Caven Point USARC #1 Chapel Ave & Caven Point Road Jersey City, NJ 07305-4021 in accordance with the performance work statement.

FOB: Destination

0004 2 Each BY - Spring/Fall Cleanup - NJ008

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide ground maintenance at Caven Point USARC #1 Chapel Ave & Caven Point Road Jersey City, NJ 07305-4021 in accordance with the performance work statement.

FOB: Destination

0005 8 Each BY - Maintain Retention Ponds - NJ008

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide ground maintenance at Caven Point USARC #1 Chapel Ave & Caven Point Road Jersey City, NJ 07305-4021 in accordance with the performance work statement.

FOB: Destination

0006 1 Each BY - One Time Fence Clearing - NJ008

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide ground maintenance at Caven Point USARC #1 Chapel Ave & Caven Point Road Jersey City, NJ 07305-4021 in accordance with the performance work statement.

FOB: Destination

1001 16 Each OPTION OY1 - Mowing - NJ008

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide ground maintenance at Caven Point USARC #1 Chapel Ave & Caven Point Road Jersey City, NJ 07305-4021 in accordance with the performance work statement.

FOB: Destination

1002 2 Each OPTION OY1 - Edging - NJ008

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide ground maintenance at Caven Point USARC #1 Chapel Ave & Caven Point Road Jersey City, NJ 07305-4021 in accordance with the performance work statement.

FOB: Destination

1003 8 Each OPTION OY1 - Trimming - NJ008

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide ground maintenance at Caven Point USARC #1 Chapel Ave & Caven Point Road Jersey City, NJ 07305-4021 in accordance with the performance work statement.

FOB: Destination

1004 2 Each OPTION OY1 - Spring/Fall Cleanup - NJ008

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide ground maintenance at Caven Point USARC #1 Chapel Ave & Caven Point Road Jersey City, NJ 07305-4021 in accordance with the performance work statement.

FOB: Destination

1005 8 Each OPTION OY1 - Maintain Retention Ponds - NJ008

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide ground maintenance at Caven Point USARC #1 Chapel Ave & Caven Point Road Jersey City, NJ 07305-4021 in accordance with the performance work statement.

FOB: Destination

2001 16 Each OPTION OY2 - Mowing - NJ008

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide ground maintenance at Caven Point USARC #1 Chapel Ave & Caven Point Road Jersey City, NJ 07305-4021 in accordance with the performance work statement.

FOB: Destination

2002 2 Each OPTION OY2 - Edging - NJ008

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide ground maintenance at Caven Point USARC #1 Chapel Ave & Caven Point Road Jersey City, NJ 07305-4021 in accordance with the performance work statement.

FOB: Destination

2003 8 Each OPTION OY2 - Trimming - NJ008

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide ground maintenance at Caven Point USARC #1 Chapel Ave & Caven Point Road Jersey City, NJ 07305-4021 in accordance with the performance work statement.

FOB: Destination

2004 2 Each OPTION OY2 - Spring/Fall Cleanup - NJ008

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide ground maintenance at Caven Point USARC #1 Chapel Ave & Caven Point Road Jersey City, NJ 07305-4021 in accordance with the performance work statement.

FOB: Destination

2005 8 Each OPTION OY2 - Maintain Retention Ponds - NJ008

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide ground maintenance at Caven Point USARC #1 Chapel Ave & Caven Point Road Jersey City, NJ 07305-4021 in accordance with the performance work statement.

FOB: Destination

3001 16 Each OPTION OY3 - Mowing - NJ008

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide ground maintenance at Caven Point USARC #1 Chapel Ave & Caven Point Road Jersey City, NJ 07305-4021 in accordance with the performance work statement.

FOB: Destination

3002 2 Each OPTION OY3 - Edging - NJ008

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide ground maintenance at Caven Point USARC #1 Chapel Ave & Caven Point Road Jersey City, NJ 07305-4021 in accordance with the performance work statement.

FOB: Destination

3003 8 Each OPTION OY3 - Trimming - NJ008

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide ground maintenance at Caven Point USARC #1 Chapel Ave & Caven Point Road Jersey City, NJ 07305-4021 in accordance with the performance work statement.

FOB: Destination

3004 2 Each OPTION OY3 - Spring/Fall Cleanup - NJ008

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide ground maintenance at Caven Point USARC #1 Chapel Ave & Caven Point Road Jersey City, NJ 07305-4021 in accordance with the performance work statement.

FOB: Destination

3005 8 Each OPTION OY3 - Maintain Retention Ponds - NJ008

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide ground maintenance at Caven Point USARC #1 Chapel Ave & Caven Point Road Jersey City, NJ 07305-4021 in accordance with the performance work statement.

FOB: Destination

4001 16 Each OPTION OY4 - Mowing - NJ008

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide ground maintenance at Caven Point USARC #1 Chapel Ave & Caven Point Road Jersey City, NJ 07305-4021 in accordance with the performance work statement.

FOB: Destination

4002 2 Each OPTION OY4 - Edging - NJ008

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide ground maintenance at Caven Point USARC #1 Chapel Ave & Caven Point Road Jersey City, NJ 07305-4021 in accordance with the performance work statement.

FOB: Destination

4003 8 Each OPTION OY4 - Trimming - NJ008

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide ground maintenance at Caven Point USARC #1 Chapel Ave & Caven Point Road Jersey City, NJ 07305-4021 in accordance with the performance work statement.

FOB: Destination

4004 2 Each OPTION OY4 - Spring/Fall Cleanup - NJ008

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide ground maintenance at Caven Point USARC #1 Chapel Ave & Caven Point Road Jersey City, NJ 07305-4021 in accordance with the performance work statement.

FOB: Destination

4005 8 Each OPTION OY4 - Maintain Retention Ponds - NJ008

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide ground maintenance at Caven Point USARC #1 Chapel Ave & Caven Point Road Jersey City, NJ 07305-4021 in accordance with the performance work statement.

FOB: Destination

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

0003 Destination Government Destination Government 0004 Destination Government Destination Government 0005 Destination Government Destination Government 0006 Destination Government Destination Government 1001 Destination Government Destination Government 1002 Destination Government Destination Government 1003 Destination Government Destination Government 1004 Destination Government Destination Government 1005 Destination Government Destination Government 2001 Destination Government Destination Government 2002 Destination Government Destination Government 2003 Destination Government Destination Government 2004 Destination Government Destination Government 2005 Destination Government Destination Government 3001 Destination Government Destination Government 3002 Destination Government Destination Government 3003 Destination Government Destination Government 3004 Destination Government Destination Government 3005 Destination Government Destination Government 4001 Destination Government Destination Government 4002 Destination Government Destination Government 4003 Destination Government Destination Government 4004 Destination Government Destination Government 4005 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 21-AUG-2022 TO

20-AUG-2023

N/A CAVEN POINT USARC

99TH READINESS DIVISION

#1 CHAPEL AVE & CAVEN POINT RD

JERSEY CITY NJ 07305

FOB: Destination

W16JDT

0002 POP 21-AUG-2022 TO

20-AUG-2023

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 21-AUG-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 21-AUG-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

0005 POP 21-AUG-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

0006 POP 21-AUG-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

1001 POP 21-AUG-2023 TO

20-AUG-2024

N/A (SAME AS PREVIOUS LOCATION)

1002 POP 21-AUG-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

1003 POP 21-AUG-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

1004 POP 21-AUG-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

1005 POP 21-AUG-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 21-AUG-2024 TO

20-AUG-2025

N/A (SAME AS PREVIOUS LOCATION)

2002 POP 21-AUG-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

2003 POP 21-AUG-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

2004 POP 21-AUG-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

2005 POP 21-AUG-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

3001 POP 21-AUG-2025 TO

20-AUG-2026

N/A (SAME AS PREVIOUS LOCATION)

3002 POP 21-AUG-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

3003 POP 21-AUG-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

3004 POP 21-AUG-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

3005 POP 21-AUG-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

4001 POP 21-AUG-2026 TO

20-AUG-2027

N/A (SAME AS PREVIOUS LOCATION)

4002 POP 21-AUG-2026 TO

N/A (SAME AS PREVIOUS LOCATION)

4003 POP 21-AUG-2026 TO

N/A (SAME AS PREVIOUS LOCATION)

4004 POP 21-AUG-2026 TO

N/A (SAME AS PREVIOUS LOCATION)

4005 POP 21-AUG-2026 TO

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 System for Award Management Maintenance OCT 2018 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

52.208-9 Contractor Use of Mandatory Sources of Supply or Services MAY 2014 52.209-2 Prohibition on Contracting with Inverted Domestic

Corporations--Representation

NOV 2015

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

NOV 2021

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law

FEB 2016

52.212-2 Evaluation - Commercial Items NOV 2021 52.212-4 Contract Terms and Conditions--Commercial Products and

Commercial Services

NOV 2021

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Products and Commercial Services

MAY 2022

52.217-5 Evaluation Of Options JUL 1990 52.223-1 Biobased Product Certification MAY 2012 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

SEP 2013

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

AUG 2018

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications.

JUN 2020

52.228-5 Insurance - Work On A Government Installation JAN 1997 52.232-18 Availability Of Funds APR 1984 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

NOV 2021

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 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

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

52.247-34 F.O.B. Destination NOV 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019 252.204-7006 Billing Instructions OCT 2005 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

DEC 2019

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

MAY 2016

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

SEP 2014

252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

JUN 2013

252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Items JAN 2021

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-- Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

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

(b) Prohibition.

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

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

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

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

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

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

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

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

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

(d) Representations. The Offeror represents that--

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

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

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

(e) Disclosures.

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

(End of provision)

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

2020)

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

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

(c) Representations.

(1) The Offeror represents that it [ ___ ] does, [ ___ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

(NOV 2021)

(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 that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees if the acquisition--

(1) Is set aside for small business and has a value above the simplified acquisition threshold;

(2) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(3) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(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 Federal Acquisition Regulation (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 FAR subpart 4.10), or alternative commercial products or commercial services for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers:

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers.

Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation.

(1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC 20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision.

Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST (https://assist.dla.mil/online/start/).

(ii) Quick Search (http://quicksearch.dla.mil/).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--

(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone

(215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Unique entity identifier. (Applies to all offers that exceed the micro-purchase threshold, and offers at or below the micro-purchase threshold if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) Reserved.

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial products, the make and model of the product to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

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

COMMERCIAL SERVICES (MAY 2022)

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

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

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

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

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

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

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

“Sensitive technology”--

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

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

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

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

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

(1) Means a small business concern--

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

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

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

"Small business concern"--

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.

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