Solicitation W912BU21Q0012.Final.pdf

PDF 2 MB Posted Mar 16, 2021

Attached to: Dredge McFARLAND Steel Work to Facilitate Steward’s Crane Installation
Solicitation number: W912BU21Q0012
Issued by: Department of the Army Corps of Engineers Engineering District Philadeplhia

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Other files

File	Type	Posted
MF-H2-100.pdf	PDF	Mar 17, 2021
MF-H2-103-1.pdf	PDF	Mar 17, 2021
333-E455-02 StewartsCrane Fdn sht 2.pdf	PDF	Mar 17, 2021
333-E455-02 StewartsCrane Fdn.pdf	PDF	Mar 17, 2021

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SEE ADDENDUM

(No Collect Calls)

W912BU21Q0012 16-Mar-2021

b. TELEPHONE NUMBER

(215) 656-6855

8. OFFER DUE DATE/LOCAL TIME

04:00 PM 16 Apr 2021

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.

W912BU9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

HENRY D BARRON

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

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

USACE, PHILADELPHIA

WANAMAKER BUILDING

100 PENN SQUARE EAST

PHILADELPHIA PA 19107

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 9624BQ 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

FORT MIFFLIN PROJECT OFFICE

PHILIP J. BREEN

6400 HOG ISLAND ROAD

PHILADELPHIA PA 19153

TEL: 2156566745 FAX:

FAX:

TEL: 215-656-6771 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

NAICS:

336611

OFFER DATED

29. AWARD OF CONTRACT: REF.

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

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

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

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

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

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

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W912BU21Q0012

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Steel Work facilitate Installatoin Crane

FFP

The contract shall provide all necessary labor, material, services, mobile crane rigging parts etc. Modify the Boat Deck Steel to provide a suitable foundation for the installation of a new Government Furnish Hiab X HIDUO 082E-3 FOB: Destination

NET AMT

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A N/A N/A Government

CONTRACTING OFFICER STATEMENT

Only a warranted Contracting Officer (either a Procuring Contracting Officer (PCO) or an Administrative Contracting Officer (ACO)), acting within their appointed limits, has the authority to issue modifications or otherwise change the terms and conditions of this contract. If an individual other than the Contracting Officer attempts to make changes to the terms and conditions of this contract, you shall not proceed with the change and shall immediately notify the Contracting Officer. Proceeding with any work not authorized by the Contracting Officer will be at the Contractor's own risk.

SOW

PR&C No. W25PHS10260104

SCOPE OF WORK

STEEL WORK TO FACILITATE INSTALLATION OF STEWARDS CRANE ON

DREDGE MCFARLAND

1. INTENT

The intent of this Scope of Work is to modify the Boat Deck steel to provide a suitable foundation for the installation of a new Government Furnished Hiab X-HIDUO 082E-3 on the Starboard side Boat Deck Aft, on the Dredge MCFARLAND, in accordance with reference drawings and these specifications.

Upon completion of these structural modifications the Contractor shall then mount the crane to the deck in accordance with reference drawings, templating from crane base.

The Contractor shall remove the controls from the existing station and modify the station to accept the new controls. The Contractor shall also remove the existing 15 HP Hydraulic Power Unit (HPU), remove the foundation and replace with a new foundation using suitable angle and chocks and drill mounting holes to be templated from new HPU.

The crane systems and interconnections will be completed by Factory Authorized Hiab

Representatives after the crane is mounted, under a separate contract. Commissioning and Training will be provided to the crew by these same Factory Authorized Hiab Representatives, under separate contract.

2. REFERENCE DRAWINGS

MF-H2-100, Boat Deck plating MF-H2-103, Outboard & Inboard Profile 333-E455-02, Stewards Crane Foundation Details

3. GOVERNMENT FURNISHED MATERIAL/ASSISTANCE

1 Hiab X-HIDUO 082E-3 with Controls (The Crane weight is approximately 3,000 pounds)

4. SAFETY REQUIREMENTS

The Contractor shall obey all OSHA rules and regulations governing such work and shall conform to all pertinent sections detailing work of this nature in the U.S. Army Corps of Engineers, Safety and Health Requirements Manual EM 385-1-1, dated 30 November 2014.

The Contractor shall provide all necessary PPE to the personnel working on the

McFARLAND. All contractor employees are required to always wear face masks while working on the McFARLAND. All contractor employees shall be required to have their temperatures taken prior to being allowed on the premises.

Any contractor employee who has symptoms of COVID-19 or has a temperature of 100 degrees F or above, will not be allowed on the vessel and will have to leave Fort Mifflin.

5. SCOPE OF WORK

A. GENERAL REQUIREMENTS

The contractor shall provide all necessary labor, material, services, mobile crane, rigging, parts, tools, staging, transportation, material and equipment to perform and complete the work in accordance with the following specifications. The Government will provide access to the vessel.

STEEL WORK

All new hull plating and shapes shall be fabricated from ABS Structural Steel or ASTM

A36, “Specification for Structural Steel”, and shall be sand or shot blasted in the shop and given one full primer coat prior to installation.

Any fastenings in way of replacement steel shall be replaced as required.

All personnel performing welding operations shall be certified (ABS, USN, USCG or

Equivalent) for the welding procedures being performed.

* NOTE: All welder certifications shall be submitted to the COR at the start of the repair period. This includes any subcontracted welders.

The contractor shall provide at least l fire watch for the welding and/or burning/arc-gouging and have line of sight contact with these operations at all times. The fire watch shall remain on-site for a minimum of one hour after completion of the work. If work is being performed on a bulkhead and/or a deck, a fire watch shall be posted on both sides of the bulkhead and/or deck, with the same latent fire hazard monitoring to apply on both sides of the bulkhead and/or deck.

The electrodes used throughout the work shall be E70 as noted in General Note #12 of

333-E455-02, suitable for use with the parent metal at each weld. Electrodes shall be received on the job in unbroken packages bearing the manufacturers' label or be otherwise marked.

All new steel, disturbed existing steel on the vessel, and all welds, shall be prepared to

Commercial Blast standards and coated with one coat of contractor-furnished Rust Grip paint and one coat of PPG Ameron paint to match the existing scheme as detailed below. All steel shall be final coated and allowed sufficient time to cure before the crane is installed.

PAINTING

Colors shall conform to the color spots shown on Federal Standard No. 595, COLORS.

All coatings shall be in accordance with all current EPA regulations and guidelines.

Colors shall conform to Federal Standard 595, in accordance with the following schedule:

AREA COLOR/FS595 NUMBER

Hull Exterior Black/17038 Deckhouse Exterior Old Ivory/13695 Decks & Housetop Deck Red/10076 Exterior Deck Coaming Striping Red/11136 Handrails & Stair Rails Black/17038

B. STEEL WORK (MODIFY DECK AND FOUNDATION IWO NEW CRANE)

Frame spacing in the area of this work is two feet on center. The Contractor shall remove existing structural members under the Boat Deck, in way of new steel installation to support Crane installation, in accordance with reference drawing, 333-E455-02, Stewards Crane Foundation Details – Sheet 1. This includes eight longitudinal 5”x3” angles, approximately 2’ in length and one transverse 5”x3” angle approximately 7’-6” long, and all associated gussets.

Prepare the area for installation of new steel.

The Contractor shall furnish and install new steel in accordance with reference drawing, 333-E455-02, Stewards Crane Foundation Details – Sheet 2. A new 12”x10”x58# I-T will replace the transverse member at Frame 126. Eight new 5”x3” angles will be installed as longitudinal supports between Frames 124 & 125 and Frames 125 & 126. Four new 6”x3-1/2” angles will be installed as longitudinal supports between Frames 126 & 127. These longitudinal supports shall be installed in accordance with referenced drawing and shall not impede bolting the Crane to the deck.

* NOTE: For Crane consideration to facilitate this work the vessel will be tied to the pier for the duration of the work. The Boat Deck height at high tide is approximately 15’ above the Pier.

The Crane necessary to lift the New Crane into place must be capable of lifting the approximately 3,000 pound new Stewards Crane into place above 3’ bulwark, onto its position on the Boat Deck.

This Crane will also be needed to lift the new 12”x10”x58# beam into place on the Main

Deck, as well as perform removals of equipment no longer being used, i.e. HPU & Controls.

C. MOUNTING STEWARDS CRANE TO DECK

It is intended to mount the actual crane to the deck by bolting it in eight-(8) locations. In all four-(4) corners of the crane base, bolting shall be accomplished by straddling the 12”x10”x58# beam web located beneath the deck with two pieces of all thread, supplied with crane, however additional may be required to complete installation.

Bolt locations shall be templated/targeted from the Steward’s Crane Base. It will be necessary to drill eight-(8) holes, approximately 1” in diameter, through the existing 1-1/4” steel deck to facilitate installation. Pairs of bolts at each corner shall be located so as to straddle the web of the 12”x10” beams below.

The crane shall then be raised into place and bolted to the deck using the appropriate hardware (all-thread, washers, Nord-lock washers, nuts, etc.). Each bolt shall be required to have a Nord-lock washer in touch with the deck on the underside. Square washers were provided for the top end of each bolt. These washers are are 2-1/8" square steel blocks, 5/8" thick, that have a 1-1/4" hole drilled their centers. Only four were provided. The Contractor shall either procure four additional washers, or make them. Each nut/bolt shall be torqued to the following specifications: M27 = 550 ft-lbs and M30 = 650 ft-lbs.

D. CONTROL STAND MODIFICATION AND INSTALLATION

The Contractor shall remove the existing controls from the control stand and discard.

The Contractor shall then modify the control stand and mount the new controls in approximately the same fashion as the existing, removed controls. The same height of controller should be maintained and care should be taken so as to allow the maintaining of the routing of hydraulic hoses through the existing deck collar.

In addition to some angle expected to be needed for modification, it is also anticipated that a small amount of 1/8” plate may be needed as well.

E. HYDRAULIC POWER UNIT (HPU) REMOVAL & FOUNDATION INSTALLATION

The Contractor shall remove the existing Hydraulic Power Unit from the foundation, adjacent to the existing crane control stand and turn over to the Government for disposition. The Contractor shall remove the existing HPU foundation and scrap.

The Contractor shall then prepare the area for the installation of a new foundation to suit the installation of the new HPU. This foundation will be constructed of two 6”x4”x1/2” angles, approximately 2’ long, with gussets at either end. Foundation design shall be templated from the new HPU. Four holes shall be templated and drilled in foundation for future mounting of HPU.

6. VESSEL AVAILABILITY

It is intended to have all of the work specified in this Contract completed while the vessel is docked at Fort Mifflin, in Philadelphia, PA.

The current schedule for the Dredge MCFARLAND is a Delaware River dredging assignment ending 5 February, 2021. A two week lay period at the dock at Fort Mifflin from 5 to 19 February, 2021, will follow, after which it will have its final scheduled dredging assignment from 19 February until 5 March, 2021.

It is anticipated that without change of schedule, the Dredge MCFARLAND will be available to have the work detailed in these specifications completed at the dock, at Fort Mifflin, after 5 March, 2021.

All work must be completed within 30 days of Notice to Proceed (NTP).

7. FINAL ACCEPTANCE

Successful inspection of the completed installations by the COR constitutes Final Acceptance. This successful inspection will consist of confirmation that all components have been installed in accordance with these specifications and drawings.

CLAUSES INCORPORATED BY REFERENCE

52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUN 2020

52.204-19 Incorporation by Reference of Representations and Certifications.

DEC 2014

52.204-22 Alternative Line Item Proposal JAN 2017 52.204-23 Prohibition on Contracting for Hardware, Software, and

Services Developed or Provided by Kaspersky Lab and Other Covered Entities.

JUL 2018

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.

AUG 2020

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

AUG 2020

52.204-26 Covered Telecommunications Equipment or Services-- Representation.

DEC 2019

52.207-4 Economic Purchase Quantity-Supplies AUG 1987

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

JUN 2020

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

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

FEB 2016

52.212-3 Alt I Offeror Representations and Certifications--Commercial Items (AUG 2020) Alternate I

OCT 2014

52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.212-5 Alt I (Dev) Contract Terms and Conditions Required to Implement

Statutes or Executive Orders--Commercial Items (Deviation 2018-O0021) Alternate I

FEB 2000

52.214-34 Submission Of Offers In The English Language APR 1991 52.214-35 Submission Of Offers In U.S. Currency APR 1991 52.219-1 Alt I Small Business Program Representations (MAR 2020)

Alternate I

SEP 2015

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

MAR 2020

52.219-28 Alt I Post-Award Small Business Program Rerepresentation (MAY 2020) Alternate I

MAR 2020

52.219-31 Notice of Small Business Reserve MAR 2020 52.219-32 Orders Issued Directly Under Small Business Reserves MAR 2020 52.222-3 Convict Labor JUN 2003 52.222-18 Certification Regarding Knowledge of Child Labor for Listed

End Products

FEB 2001

52.222-19 (Dev) Child Labor - Cooperation with Authorities and Remedies

(DEVIATION 2020-O0019)

JUL 2020

52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-22 Previous Contracts And Compliance Reports FEB 1999 52.222-25 Affirmative Action Compliance APR 1984 52.222-26 Equal Opportunity SEP 2016 52.222-36 Equal Opportunity for Workers with Disabilities JUN 2020 52.222-50 Combating Trafficking in Persons OCT 2020 52.223-16 Acquisition of EPEAT (R) - Registered Personal Computer

Products

OCT 2015

52.223-16 Alt I Acquisition of EPEAT - Registered Personal Computer Products - Alternate I

JUN 2014

52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving

JUN 2020

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.225-18 Place of Manufacture AUG 2018 52.225-25 Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran-- Representation and Certifications.

JUN 2020

52.232-28 Invitation to Propose Performance-Based Payments MAR 2000 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.242-15 Stop-Work Order AUG 1989 52.247-34 F.O.B. Destination NOV 1991

52.253-1 Computer Generated Forms JAN 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 252.204-7006 Billing Instructions OCT 2005 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

DEC 2019

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

MAY 2016

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

DEC 2019

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

DEC 2019

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

DEC 2019

252.209-7993 (Dev) Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction under any Federal Law -- Fiscal Year 2014 Appropriations (Deviation)

FEB 2014

252.211-7003 Item Unique Identification and Valuation MAR 2016 252.211-7008 Use of Government-Assigned Serial Numbers SEP 2010 252.213-7000 Notice to Prospective Suppliers on Use of Supplier

Performance Risk System in Past Performance Evaluations

SEP 2019

252.215-7015 Program Should-Cost Review NOV 2019 252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7001 Buy American And Balance Of Payments Program-- Basic DEC 2017 252.225-7002 Qualifying Country Sources As Subcontractors DEC 2017 252.225-7016 Restriction On Acquisition Of Ball and Roller Bearings JUN 2011 252.225-7048 Export-Controlled Items JUN 2013 252.225-7051 Prohibition on Acquisition of Certain Foreign Commercial

Satellite Services.

DEC 2018

252.225-7972 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems (DEVIATION 2020-O0015)

MAY 2020

252.225-7973 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems - Representation (DEVIATION 2020- O0015)

MAY 2020

252.225-7974 (Dev) Representation Regarding Business Operations with the Maduro Regime (DEVIATION 2020-O0005)

FEB 2020

252.225-7979 (Dev) Additional Access to Contractor and Subcontractor Records in the United States Central Command Theater of Operations

(DEVIATION 2018-O0008)

DEC 2017

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

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

Prohibition on Fees and Consideration

APR 2020

252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel

JUN 2013

252.239-7001 Information Assurance Contractor Training and Certification JAN 2008 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.247-7023 Transportation of Supplies by Sea FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL

CONFIDENTIALITY AGREEMENTS OR STATEMENTS--REPRESENTATION (JAN 2017)

(a) Definition. As used in this provision-- Internal confidentiality agreement or statement, subcontract, and subcontractor, are defined in the clause at 52.203- 19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.

(b) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions), Government agencies are not permitted to use funds appropriated (or otherwise made available) for contracts with an entity that requires employees or subcontractors of such entity seeking to report waste, fraud, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(c) The prohibition in paragraph (b) of this provision does not contravene requirements applicable to Standard Form 312, (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(d) Representation. By submission of its offer, the Offeror represents that it will not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).

(End of provision)

52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR

STATEMENTS (JAN 2017)

(a) Definitions. As used in this clause-- Internal confidentiality agreement or statement means a confidentiality agreement or any other written statement that the contractor requires any of its employees or subcontractors to sign regarding nondisclosure of contractor information, except that it does not include confidentiality agreements arising out of civil litigation or confidentiality agreements that contractor employees or subcontractors sign at the behest of a Federal agency.

Subcontract means any contract as defined in subpart 2.1 entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. It includes but is not limited to purchase orders, and changes and modifications to purchase orders.

Subcontractor means any supplier, distributor, vendor, or firm (including a consultant) that furnishes supplies or services to or for a prime contractor or another subcontractor.

(b) The Contractor shall not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).

(c) The Contractor shall notify current employees and subcontractors that prohibitions and restrictions of any preexisting internal confidentiality agreements or statements covered by this clause, to the extent that such prohibitions and restrictions are inconsistent with the prohibitions of this clause, are no longer in effect.

(d) The prohibition in paragraph (b) of this clause does not contravene requirements applicable to Standard Form 312 (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(e) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015, (Pub. L. 113-235), and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions) use of funds appropriated (or otherwise made available) is prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.

(f) The Contractor shall include the substance of this clause, including this paragraph (f), in subcontracts under such contracts.

(End of clause)

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2020)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 336611.

(2) The small business size standard is 750.

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

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

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

( ) Paragraph (d) applies.

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

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

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

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

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

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

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

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

(B) Exceed the simplified acquisition threshold; and

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

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

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

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

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

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

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

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

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

(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.

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

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

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

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

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

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

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

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

(xxi) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3.

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

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

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

(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

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

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

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

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

[Contracting Officer check as appropriate.]

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

(ii) 52.204-20, Predecessor of Offeror.

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

(iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.

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

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

(vii) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

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

(d) The Offeror has completed the annual representations and certifications electronically in SAM accessed through https://www.sam.gov. After reviewing the SAM information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [ offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS – ALTERNATE I (JAN 2020)

(a)(1) The North American Industry Classification System (NAICS) codes and corresponding size standards for this acquisition are as follows; the categories or portions these NAICS codes are assigned to are specified elsewhere in the solicitation:

NAICS code Size standard https://www.sam.gov/

[Contracting Officer to insert NAICS codes and size standards].

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