Solicitation W912DY23R0015 DIA FSSC.pdf
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- Solicitation number
- W912DY-23-R-0015
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This is a solicitation for facility support services. The solicitation requires a Top Secret facility clearance and is a 100% competitive 8(a) small business set-aside. The services include management, preventative maintenance, corrective maintenance, snow and ice removal, and service contract reporting at Defense Intelligence Agency facilities in the National Capital Region. The period of performance is from April 1, 2023 to March 31, 2024 with four one-year option periods and a six-month extension option. Pricing is firm fixed-price. Responses are due by February 17, 2023.
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SEE ADDENDUM
(No Collect Calls)
W912DY23R0015 19-Jan-2023
b. TELEPHONE NUMBER
256-895-1132
8. OFFER DUE DATE/LOCAL TIME
02:00 PM 17 Feb 2023
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.
W912DY9. ISSUED BY
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
SAMUEL L CURRY JR
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 BUSINESS
17a.CONTRACTOR/ CODE FACILITY
OFFEROR CODE
US ARMY ENGINEERING & SUPPORT CENTER
475 QUALITY CIRCLE NW
HUNTSVILLE AL 35806
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 W501YX 16. ADMINISTERED BY
12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
14. METHOD OF SOLICITATION
RFQ IFB RFPX
SEE SCHEDULE
SEE SCHEDULE SEE SCHEDULE SEE SCHEDULE
SEE SCHEDULE AA AL
TEL: 256 895-1110 FAX:
FAX:
TEL: 256-895-1110 SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
X 8(A)
HUBZONE SMALL
BUSINESS
SIZE STANDARD:
$41,500,000
NAICS:
561210
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 OF55
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.
W912DY23R0015
Section SF 1449 - CONTINUATION SHEET
INSTRUCTIONS TO OFFERRORS
INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFEROR
1.0 GENERAL INFORMATION
1.1. GENERAL DESCRIPTION OF WORK
1.2. GOVERNMENT SECURITY REQUIREMENTS
1.3. COPIES OF SOLICITATION DOCUMENTS AND AMENDMENTS
1.4. OFFEROR’S QUESTIONS AND COMMENTS
1.5. SMALL BUSINESS SIZE STANDARD/NAICS CODE
1.6. PROPOSAL EXPENSES AND PRE-CONTRACT COSTS
1.7. ACCURACY IN PROPOSALS
1.8. PROPOSAL SUBMITTALS
1.9 EVALUATION CRITERIA
1.10 ADDITIONAL REQUIREMENTS
*PLEASE READ THIS SOLICITATION IN ITS ENTIRETY*
1.0 GENERAL INFORMATION
This action is a 100% COMPETITIVE 8(a) Set Aside in accordance with FAR 19.8 through Small Business Administration. The assigned SBA Requirement Number is PD1673041207I. The Government owns all rights to all data packages, deliverables, and submissions. Your proposal shall be submitted by e-mail to the Contract Specialist and Contracting Officer, listed in Section 1.8 of these instructions to offerors and will include technical and price in separate files not exceeding 15 pages for the technical portion, and no page limit for price, at any font size greater than or equal to 10 Pitch. The proposal shall remain valid for 120 calendar days.
Please identify the primary and alternate points of contact (POCs) for this effort. Information should include the POC name, office telephone numbers, mobile telephone numbers, and e-mail address. Your proposal must be signed.
FAR 52.232-18 Availability of Funds: The Government's obligation is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for a contract award. As such, no contract will be awarded until funds are made available.
Site Visit: No Site Visit is scheduled.
Service Contract Act Wage Determination: Prime and other labor (subcontractor/consultants/etc.) costs shall be in compliance with all applicable Service Contract Labor Standards and Collective Bargaining Agreement CBA rates.
The labor rates in effect at the time this contract is awarded will remain in effect through completion of the project, unless modified due to an increase in the Department of Labor rates. The wage determinations for this effort are attached.
Contact: The contractor shall not engage in any form of contact with installation personnel regarding this requirement either after the site visit or prior to the submission of proposals and task order award. Contact regarding the requirements set forth in this RFP shall only occur with the Contracting Officer. Discussions or information obtained via other sources could make you ineligible for award if deemed a Conflict of Interest or a violation of the Procurement Integrity Act.
Only a Warranted Contracting Officer (either a Procuring Contracting Officer (PCO), or an Administrative Contracting Officer (ACO)), acting within their delegated limits, has the authority to issue modifications or otherwise change the terms and conditions of this contract. If an individual other than the Contracting Officer attempts to make changes to the terms and conditions of this contract you shall not proceed with the change and shall immediately notify the Contracting Officer.
1.1 GENERAL DESCRIPTION OF WORK
The overall objective of this acquisition is to provide Facility Support Services at Defense Intelligence Agency facilities in the National Capitol Region at Defense Intelligence Agency Headquarters, Joint Base Anacostia- Bolling, Washington D.C., Fort Detrick, MD; Reston, VA, the Defense Logistics Operations Center, the Pentagon;
Charlottesville, VA, and other DIA facilities listed in the performance work statement attachment.
1.2 GOVERNMENT SECURITY REQUIREMENTS
Security requirements are detailed in the Performance Work Statement. The Contractor shall possess a Top Secret (TS) facility security clearance. Contract employees shall be a United States (U.S.) citizen and possess and maintain a final TS security clearance.
1.3 COPIES OF SOLICITATION DOCUMENTS AND AMENDMENTS
Copies of the solicitation and amendments are available by EMAIL ONLY. It shall be the contractor’s responsibility to confirm the latest amendment with the contract specialist. The offeror shall submit in the proposal all requested information specified in this solicitation.
1.4 OFFEROR’S QUESTIONS AND COMMENTS
All questions and/or comments related to the Performance Work Statement shall be submitted by No Later Than 11 AM CST on 26 January 2023 (or sooner) via e-mail to the Contract Specialist, Samuel L. Curry at email:
Samuel.L.Curry@usace.army.mil, and Contracting Officer, Lisa Hendrix at email:
Lisa.M.Hendrix@usace.army.mil.
1.5 SMALL BUSINESS SIZE STANDARD/NAICS CODE
The applicable size standard is $41.5M/ 561210 Facility Support Services
1.6 PROPOSAL EXPENSES AND PRE-CONTRACT COSTS
This Request for Proposal (RFP) does not commit the Government to pay, as a direct charge, any costs incurred in the preparation and submission of a proposal.
1.7 ACCURACY IN PROPOSALS
Proposals must set forth full, accurate, and complete information as required by this RFP, (including attachments).
The penalty for making false statements is prescribed in 18 U.S.C. 1001.
1.8 PROPOSAL SUBMITTALS
1) Offeror shall submit their proposal in electronic (.pdf) format No Later than 2 PM CST 17 February 2023 (or sooner) via e-mail to the Contract Specialist, Samuel L. Curry at email:
Samuel.L.Curry@usace.army.mil and Contracting Officer, Lisa Hendrix at email:
Lisa.M.Hendrix@usace.army.mil. Failure to comply with ALL the directions provided herein may result in the finding of a quote DEFICIENCY, rendering the proposal ineligible for award.
2) The following Volumes listed in the below table shall be submitted as part of your proposal and not exceed the page limitations.
Vol No.
Volume Title Page Limit
1 Factor 1 Technical - Do not include pricing information in your technical proposal. 15 Pages
2 Factor 2 Pricing Information No page limit
3 SF1449 with completed representations, certifications, Teaming, JV Agreements with proposal submissions.
No page Limit
3) Signed SF 1449 & Completed CLIN Price Schedule executed by an official authorized to bind the offer
(Blocks 30(a, b, c) and 17a (cage code entered into “code” box). When proposing as a joint venture, a signed and dated Joint Venture (JV) Agreement must be submitted. The JV must also have a current registration in SAM. When proposing as a JV, all members of the joint venture shall sign the SF 1449 unless the JV Agreement designates one firm with the authority to bind the other member(s) of the JV. The JV agreement must reference this solicitation to be acceptable.
1.9 EVALUATION CRITERIA
Basis for Award: The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. Each offeror’s proposal will be evaluated utilizing the Best Value Trade-off process. The Government reserves the right to make an award based upon initial proposal submission without seeking clarification/discussion, so the offeror shall submit the best terms in the initial proposal. The Government also reserves the right to enter into clarification/discussion, if needed, and request revised proposals as needed. It’s the Government’s intent for the Contracting Officer to award a Firm-Fixed Price contract under this solicitation; however, the Government also reserves the right to make no award.
The Offeror shall provide a detailed proposal as outline in FAR Clause 52.212- 2 EVALUATION-- COMMERCIAL ITEMS listed within this solicitation.
1.10 ADDITIONAL REQUIREMENTS
1) Provide your companies 8a Small Business Administration District Office name, address, email, phone number and point of contact name.
2) Post Award Phase In Plan (PIP) – Upon Award the Contractor shall provide within (7) calendar days all current personnel with TS/SCI clearances that will perform on the Contract to be vetted by DIA security.
The PIP will be submitted to the Contracting Officer Representative (COR) identified at the time of award.
In addition, upon Award the contact information for the incumbent Contractor will be provided to start the coordination process to develop a PIP. The PIP shall be submitted with (17) calendar days after Award for Government approval. Upon Government approval the Contractor phase-in shall commence.
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 1 Job Management
FFP
Provide Management Services in strict accordance with the attached performance work statement and attachments.
FOB: Destination
PSC CD: J059
NET AMT
0002 12 Months Preventive Maintenance
FFP
Provide Preventive Maintenance Services in strict accordance with the attached performance work statement and attachments.
0003 1 Job Corrective Maintenance
FFP
Provide Corrective Maintenance Services in strict accordance with the attached performance work statement and attachments. The Not to Exceed budgeted amount for this CLIN is $340,000.00.
0004 1 Job Snow And Ice Removal
FFP
Provide Snow and Ice Removal Services in strict accordance with the attached performance work statement and attachments. The Not to exceed budgeted amount for this CLIN is $13,000.00.
0005 1 Job Service Contract Reporting (SCR)
FFP
The offeror is required to report service contract manpower on an annual basis by in the System for Award Management, https://sam.gov, (previously manpower reporting on the ecmra.mil website).
1001 1 Job OPTION Option Year 01 Management
FFP
Provide Management Services in strict accordance with the attached performance work statement and attachments.
1002 12 Months OPTION Option Year 01 Preventive Maintenance
FFP
Provide Preventive Maintenance Services in strict accordance with the attached performance work statement and attachments.
1003 1 Job OPTION Option Year 01 Corrective Maintenance
FFP
Provide Corrective Maintenance Services in strict accordance with the attached performance work statement and attachments. The Not to Exceed budgeted amount for this CLIN is $340,000.00.
1004 1 Job OPTION Option Year 01 Snow And Ice Removal
FFP
Provide Snow and Ice Removal Services in strict accordance with the attached performance work statement and attachments. The Not to exceed budgeted amount for this CLIN is $13,000.00.
1005 1 Job OPTION Opt. Year 01 Service Contract Reporting
FFP
The offeror is required to report service contract manpower on an annual basis by in the System for Award Management, https://sam.gov, (previously manpower reporting on the ecmra.mil website).
2001 1 Job OPTION Option Year 01 Management
FFP
Provide Management Services in strict accordance with the attached performance work statement and attachments.
2002 12 Months OPTION Option Year 02 Preventive Maintenance
FFP
Provide Preventive Maintenance Services in strict accordance with the attached performance work statement and attachments.
2003 1 Job OPTION Option Year 02 Corrective Maintenance
FFP
Provide Corrective Maintenance Services in strict accordance with the attached performance work statement and attachments. The Not to Exceed budgeted amount for this CLIN is $340,000.00.
2004 1 Job OPTION Option Year 02 Snow And Ice Removal
FFP
Provide Snow and Ice Removal Services in strict accordance with the attached performance work statement and attachments. The Not to exceed budgeted amount for this CLIN is $13,000.00.
2005 1 Job OPTION Opt. Year 02 Service Contract Reporting
FFP
The offeror is required to report service contract manpower on an annual basis by in the System for Award Management, https://sam.gov, (previously manpower reporting on the ecmra.mil website).
3001 1 Job OPTION Option Year 03 Management
FFP
Provide Management Services in strict accordance with the attached performance work statement and attachments.
3002 12 Months OPTION Option Year 03 Preventive Maintenance
FFP
Provide Preventive Maintenance Services in strict accordance with the attached performance work statement and attachments.
3003 1 Job OPTION Option Year 03 Corrective Maintenance
FFP
Provide Corrective Maintenance Services in strict accordance with the attached performance work statement and attachments. The Not to Exceed budgeted amount for this CLIN is $340,000.00.
3004 1 Job OPTION Option Year 03 Snow And Ice Removal
FFP
Provide Snow and Ice Removal Services in strict accordance with the attached performance work statement and attachments. The Not to exceed budgeted amount for this CLIN is $13,000.00.
3005 1 Job OPTION Opt. Year 03 Service Contract Reporting
FFP
The offeror is required to report service contract manpower on an annual basis by in the System for Award Management, https://sam.gov, (previously manpower reporting on the ecmra.mil website).
4001 1 Job OPTION 6 Month Extension Management
FFP
Provide Management Services in strict accordance with the attached performance work statement and attachments.Six (6) month extension in accordance with FAR 52.217-8, Option to Extend Services.
4002 6 Months OPTION Preventive Maintenance
FFP
Provide Preventive Maintenance Services in strict accordance with the attached performance work statement and attachments. Six (6) month extension in accordance with FAR 52.217-8, Option to Extend Services.
4003 1 Job OPTION Corrective Maintenance
FFP
Provide Corrective Maintenance Services in strict accordance with the attached performance work statement and attachments. The Not to Exceed budgeted amount for this CLIN is $170,000.00. Six (6) month extension in accordance with FAR 52.217-8, Option to Extend Services.
4004 1 Job OPTION Snow And Ice Removal
FFP
Provide Snow and Ice Removal Services in strict accordance with the attached performance work statement and attachments. The Not to exceed budgeted amount for this CLIN is $6,500.00. Six (6) month extension in accordance with FAR 52.217-8, Option to Extend Services.
4005 1 Job OPTION Service Contract Reporting (SCR)
FFP
The offeror is required to report service contract manpower on an annual basis by in the System for Award Management, https://sam.gov, (previously manpower reporting on the ecmra.mil website). Six (6) month extension in accordance with FAR 52.217-8, Option to Extend Services.
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 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 01-APR-2023 TO
31-MAR-2024
N/A SEE SCHEDULE
SEE SCHEDULE SEE SCHEDULE SEE
SCHEDULE
SEE SCHEDULE AA AL
256 895-1110
W501YX
0002 POP 01-APR-2023 TO
31-MAR-2024
N/A (SAME AS PREVIOUS LOCATION)
0003 POP 01-APR-2023 TO
N/A (SAME AS PREVIOUS LOCATION)
0004 POP 01-APR-2023 TO
N/A (SAME AS PREVIOUS LOCATION)
0005 POP 01-APR-2023 TO
N/A (SAME AS PREVIOUS LOCATION)
1001 POP 01-APR-2024 TO
31-MAR-2025
N/A (SAME AS PREVIOUS LOCATION)
1002 POP 01-APR-2024 TO
N/A (SAME AS PREVIOUS LOCATION)
1003 POP 01-APR-2024 TO
N/A (SAME AS PREVIOUS LOCATION)
1004 POP 01-APR-2024 TO
N/A (SAME AS PREVIOUS LOCATION)
1005 POP 01-APR-2024 TO
N/A (SAME AS PREVIOUS LOCATION)
2001 POP 01-APR-2025 TO
31-MAR-2026
N/A (SAME AS PREVIOUS LOCATION)
2002 POP 01-APR-2025 TO
N/A (SAME AS PREVIOUS LOCATION)
2003 POP 01-APR-2025 TO
N/A (SAME AS PREVIOUS LOCATION)
2004 POP 01-APR-2025 TO
N/A (SAME AS PREVIOUS LOCATION)
2005 POP 01-APR-2025 TO
N/A (SAME AS PREVIOUS LOCATION)
3001 POP 01-APR-2026 TO
31-MAR-2027
N/A (SAME AS PREVIOUS LOCATION)
3002 POP 01-APR-2026 TO
N/A (SAME AS PREVIOUS LOCATION)
3003 POP 01-APR-2026 TO
N/A (SAME AS PREVIOUS LOCATION)
3004 POP 01-APR-2026 TO
N/A (SAME AS PREVIOUS LOCATION)
3005 POP 01-APR-2026 TO
N/A (SAME AS PREVIOUS LOCATION)
4001 POP 01-APR-2027 TO
30-SEP-2027
N/A (SAME AS PREVIOUS LOCATION)
4002 POP 01-APR-2027 TO
N/A (SAME AS PREVIOUS LOCATION)
4003 POP 01-APR-2027 TO
N/A (SAME AS PREVIOUS LOCATION)
4004 POP 01-APR-2027 TO
N/A (SAME AS PREVIOUS LOCATION)
4005 POP 01-APR-2027 TO
N/A (SAME AS PREVIOUS LOCATION)
CLAUSES INCORPORATED BY REFERENCE
52.203-12 Limitation On Payments To Influence Certain Federal
Transactions
JUN 2020
52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper
MAY 2011
52.204-7 System for Award Management OCT 2018 52.204-13 System for Award Management Maintenance OCT 2018 52.204-14 Service Contract Reporting Requirements OCT 2016 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.212-1 Instructions to Offerors--Commercial Products and
Commercial Services
NOV 2021
52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services
DEC 2022
52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Products and Commercial Services
DEC 2022
52.223-1 Biobased Product Certification MAY 2012
52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts
SEP 2013
52.223-4 Recovered Material Certification MAY 2008 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.223-9 Estimate of Percentage of Recovered Material Content for
EPA-Designated Items
MAY 2008
52.223-10 Waste Reduction Program MAY 2011 52.223-11 Ozone-Depleting Substances and High Global Warming
Potential Hydrofluorocarbons.
JUN 2016
52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners.
JUN 2016
52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts
AUG 2018
52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving
JUN 2020
52.223-19 Compliance with Environmental Management Systems MAY 2011 52.232-40 Providing Accelerated Payments to Small Business
Subcontractors
NOV 2021
52.237-1 Site Visit APR 1984 52.237-3 Continuity Of Services JAN 1991 52.242-15 Stop-Work Order AUG 1989 252.201-7000 Contracting Officer's Representative DEC 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 252.203-7003 Agency Office of the Inspector General AUG 2019 252.203-7005 Representation Relating to Compensation of Former DoD
Officials
SEP 2022
252.204-7003 Control Of Government Personnel Work Product APR 1992 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
252.204-7016 Covered Defense Telecommunications Equipment or Services -- Representation
DEC 2019
252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation
MAY 2021
252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements MAR 2022 252.204-7020 NIST SP 800-171 DoD Assessment Requirements MAR 2022 252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or
Hazardous Materials
SEP 2014
252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7000 Buy American--Balance Of Payments Program Certificate--
Basic (Nov 2014)
NOV 2014
252.225-7001 Buy American And Balance Of Payments Program-- Basic JUN 2022 252.225-7048 Export-Controlled Items JUN 2013 252.226-7001 Utilization of Indian Organizations and Indian-Owned
Economic Enterprises, and Native Hawaiian Small Business Concerns
APR 2019
252.232-7003 Electronic Submission of Payment Requests and Receiving Reports
DEC 2018
252.232-7010 Levies on Contract Payments DEC 2006 252.232-7017 Accelerating Payments to Small Business Subcontractors--
Prohibition on Fees and Consideration
APR 2020
252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel
JUN 2013
252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JAN 2021 252.246-7003 Notification of Potential Safety Issues JUN 2013 252.246-7004 Safety of Facilities, Infrastructure, and Equipment for
Military Operations
OCT 2010
252.247-7023 Transportation of Supplies by Sea FEB 2019
CLAUSES INCORPORATED BY FULL TEXT
52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO
SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)
The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-- Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.
(a) Definitions. As used in this provision-
Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Prohibition.
(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.
115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.
115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."
(d) Representations. The Offeror represents that--
(1) It [ ___ ] will, [ ___ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and
(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--
It [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.
(e) Disclosures.
(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment--
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(ii) For covered services--
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment--
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
(ii) For covered services--
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
(End of provision)
52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT
2020)
(a) Definitions. As used in this provision, “covered telecommunications equipment or services” and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.
(c) Representations.
(1) The Offeror represents that it [ ___ ] does, [ ___ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.
(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES (DEC 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, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. 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 its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.
(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.
"Small disadvantaged business concern, consistent with 13 CFR 124.1002", means a small business concern under the size standard applicable to the acquisition, that--
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--
(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and
(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and
(2) The management and daily business operations of which are controlled (as defined at 13 CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.
"Subsidiary" means an entity in which more than 50 percent of the entity is owned--
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
"Successor" means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.
"Veteran-owned small business concern" means a small business concern--
(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans.
"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.
"Women-owned small business concern" means a small business concern--
(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and
(2) Whose management and daily business operations are controlled by one or more women.
"Women-owned small business (WOSB) concern eligible under the WOSB Program" (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300.
(b) (1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.
(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ___
[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.
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.
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 electronically on SAM.]
(c) Offerors must complete the following representations when the resulting contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii). Check all that apply.
(1) Small business concern. The offeror represents as part of its offer that--
(i) It [ ___ ] is, [ ___ ] is not a small business concern; or
(ii) It [ ___ ] is, [ ___ ] is not a small business joint venture that complies with the requirements of 13 CFR 121.103(h) and 13 CFR 125.8(a) and (b). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ ]
(2) Veteran-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a veteran-owned small business concern.
(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that--
(i) It [ ___ ] is, [ ___ ] is not a service-disabled veteran-owned small business concern; or
(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 125.18(b)(1) and (2).
[The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .] Each service-disabled veteran-owned small business concern participating in the joint venture shall provide representation of its service-disabled veteran-owned small business concern status.
(4) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it [ ___ ] is, [ ___ ] is not a small disadvantaged business concern as defined in 13 CFR 124.1002.
(5) Women-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it [ ___ ] is, [ ___ ] is not a women-owned small business concern.
(6) WOSB joint venture eligible under the WOSB Program. The offeror represents that it [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .
(7) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The offeror represents that it [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c).
[The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .]
(8) Women-owned business concern (other than small business concern). (Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, a women-owned business concern.
(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:
(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that--
(i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, as having been certified by SBA as a HUBZone small business concern in the Dynamic Small Business Search and SAM, and will attempt to maintain an employment rate of HUBZone residents of 35 percent of its employees during performance of a HUBZone contract (see 13 CFR 126.200(e)(1)); and
(ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR 126.616(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .] Each HUBZone small business concern participating in the HUBZone joint venture shall provide representation of…
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