Solicitation_W912HZ20R0035.pdf

SEE ADDENDUM

(No Collect Calls)

W912HZ20R0035 25-Aug-2020

b. TELEPHONE NUMBER

601-634-4849

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 11 Sep 2020

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.

W912HZ9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

TRACI K HOOFMAN

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

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

W81EWF01180813

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 ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

ERDC CONTRACTING OFFICE

3909 HALLS FERRY ROAD

VICKSBURG MS 39180-6199

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 W81EWF 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

PR W2R2 USA ENGR R AND D CTR

BRIAN J. TETREAULT

3909 HALLS FERRY RD

VICKSBURG MS 39180-6133

TEL: 410-456-0417 FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$30,000,000

NAICS:

541519

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 OF63

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.

W912HZ20R0035

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 12 Months

BASE YEAR

FFP

AIS Transmit Development

The contractor shall provide AIS transmit capability development services in accordance with the PWS included herein in Section C.

FOB: Destination

MILSTRIP: W81EWF01180813

PURCHASE REQUEST NUMBER: W81EWF01180813

PSC CD: R408

NET AMT

0002 12 Months OPTION 1st OPTION YEAR

FOB: Destination

0003 12 Months OPTION 2nd OPTION YEAR

Section C - Descriptions and Specifications

PERFORMANCE WORK STATEMENT

SUPPORT FOR U.S. ARMY CORPS OF ENGINEERS

1.0 BACKGROUND

The U.S. Army Corps of Engineers (USACE) provides navigation safety information to vessels operating on waterways where the Corps manages, maintains, and operates infrastructure (e.g., structures, channels, locks & dams). Much of this information is of a dynamic nature, and dissemination to vessels is difficult through traditional means (e.g., paper products, charts, radio notices, etc.). USACE also needs to monitor various conditions on the waterways in which it has responsibilities, including meteorological and hydrological information, navigation chart discrepancies, and anomalies in other navigation systems (e.g., GPS). The Automatic Identification System (AIS) provides the ability for information to be exchange between USACE systems (such as the Lock Operations Management Application (LOMA)) and vessels via wireless and digital means. This effort is intended to continue development and deployment of capabilities to maximize the exchange of navigation related information using AIS.

2.0 SCOPE

This effort will focus on 4 general areas:

a. AIS transmit capability operationalization

Navigation data access and message creation

System monitoring and reliability assurance

b. AIS Standards development

c. AIS equipment and software evaluation

d. Advanced ship-shore data communications via AIS

Automatic weather observations via AIS

Leveraging AIS to detect and communicate GPS spoofing and jamming

3.0 SPECIFIC REQUIREMENTS AND TASKS

3.1 AIS transmit capability operationalization

3.1.1 Incorporation in the LOMA system: Integrate existing and new AIS transmit tools (e.g., ASMManager, GN and AtoN Creation tools) into the LOMA system. Evaluate new ASM including weather observations, Geographic Advisory, and others developed domestically or internationally. Work with CNS Systems (LOMA contractor) to determine best integration method, including evaluation of including capabilities in the CNS LOMA software, connection to external applications, or web services integration.

3.1.2 Transmit capability procedures: Evaluate current and draft procedures used for AIS transmissions, e.g., AIS AtoN establishment, geographic notice transmission. Develop recommendations for procedural changes or establishment of new procedures. Identify any policy issues affecting USACE, USCG or other agencies. Include developing procedures/tools to monitor field use of AIS transmit (e.g., "approval" process and tools to document/monitor). Test all software in the lab environment. Once debugged install and test in at least one lock site.

3.1.3 Transmit monitoring capabilities: Investigate existing tools for and capabilities for monitoring AIS transmissions from USACE transceivers to verify actual transmission and accuracy of transmitted data. Evaluate the probability of reception of transmitted massaged from a specified receiver in a geographic area. Develop procedures/capabilities to monitor all scheduled transmissions to ensure they are actually going out accurately; e.g., permanent AIS AtoNs; GNs only effective during a designated time period, etc.

Provide a "dashboard" capability, integrated into the LOMA Admin Console to continuously monitor and identify problems. This should include a logging function to log for auditing and availability purposes.

3.1.4 Develop a system for monitoring USACE AIS transmit operations.

Assess the current locations of transmit sites and recommend options for monitoring sites to ensure that all transmissions can be monitored both from the transmit site itself as well as from a receiver site (which could be another transmitter if coverage overlaps). Identify a method for measuring and monitoring "success" of transmissions as well as monitoring VDL usage.

Develop software to implement this method including a GUI with “dashboard” view for the operator.

3.2 AIS standards development

3.2.1 Provide technical information for USACE participation in various bodies developing AIS-related standards and guidelines, e.g. the Radio Technical Commission for Maritime Services (RTCM), International Associations of Marine Aids to Navigation and Lighthouse Services (IALA), International Electrotechnical Commission (IEC), and the Permanent International Association of Navigation Congresses (PIANC).

This support may include review of pre-meeting documents, preparation of input papers, analysis of existing and proposed standards and guidelines in comparison with USACE priorities and requirements, and development of technical recommendations in support of USACE priorities.

3.3 AIS equipment and software evaluation

3.3.1 Assist ERDC-CHL technicians in evaluation of new AIS hardware and software for use in the LOMA system. This will include evaluation of LOMA AIS transceiver units, LOMA system software, third party software, and new AIS transceiver equipment against identified USACE requirements.

3.3.2 USACE-USCG interoperability: Develop and test procedures and configurations for direct connections to allow two-way exchange of AIS messages between USACE and USCG production systems. Work will include identification of any issues to be addressed such as routing of acknowledgement messages, avoidance of duplication of messages, assurance of message delivery, latency minimization, conformance with cybersecurity and information assurance requirements, and similar considerations. Prepare a tech note to document issues identified, configuration recommendations, and other information needed to implement direct connection in the production environment.

3.4 Advanced ship-shore data communications via AIS

3.4.1 Automatic weather observations via AIS: Continue development and deployment of equipment and software to support the automatic collection of weather observations from commercial vessel for transmission from installed AIS equipment and reception by satellite and shore AIS networks. Work with identified receivers of this information including the National Weather Service, and private entities to deliver the parsed messages in a usable format and to database or databases for archive and dissemination. Capture information on costs for equipment, software and maintenance, requirements for long-term operation, and development of requirements. Prepare documentation of tests and results, including lessons learned, recommendations for additional research, and an evaluation of the feasibility of wide-spread deployment of this capability, including potential for changes to AIS or other standards and national and international carriage requirements.

3.4.2 Leveraging AIS to detect GPS spoofing and jamming: Evaluate the feasibility of using existing AIS and GPS equipment aboard commercial vessels (including equipment installed in support of 3.4.1 above) to detect and communicate GPS spoofing and jamming. Conduct proof-of-concept and feasibility tests on appropriate vessels. Document findings and make recommendations regarding feasibility, and costs.

3.4.3 Investigation of other opportunities for ship-shore communication: Based on the experience gained in 3.4.1, investigate the feasibility of using AIS to communicate other information from vessels to stakeholders ashore, including electronic chart (ENC/IENC) discrepancies, collection of crowd-sourced bathymetry, and other applications of opportunity.

3.4.4 VDES development: Monitor the development of VHF Data Exchange System (VDES) developments at IALA, IEC, and other involved bodies.

Conduct VDES tests as appropriate, taking into consideration USACE-defined data communications requirements, national and international radio policies and regulations.

4.0 SCHEDULE

4.1 Within 15 days of the notice to proceed, a kickoff meeting will be held to review the task list, identify additional information needs and begin prioritization and level or effort determinations. Within 30 days of the kickoff meeting a schedule will be developed for delivery of identified capabilities.

5.0 DOCUMENTATION

5.1 Unless otherwise specified or directed, all documentation delivered should be in the appropriate USACE ERDC format (e.g., Technical notes and Technical Reports), and appropriate for capturing and transferring capabilities developed in this PWS.

5.2 Documentation specified in section 9.1 of this PWS.

5.3 Any documentation required for information assurance (IA) certification and

ACE-IT requirements.

6.0 PERIOD OF SERVICE

6.1 The period of performance is one year, with two one-year options.

7.0 GUIDANCE

7.1 The Contractor is cautioned to take no guidance regarding interpreting specific requirements of the Contract during the course of services rendered from any source other than the contracting officer (KO). As a result of this contract, any technical papers, conference proceedings, advertisements, articles, etc., on behalf of the contractor generated as the result of this effort must be approved in advance by the Corps of Engineers.

8.0 PROJECT MANAGEMENT

8.1 The contractor is required to provide a project plan and work break down structure to include schedule, milestones and resources within 30 days of NTP

8.2 The contractor is required to provide a change management plan within 30 days of NTP.

8.3 Periodic IPRs will be conducted with the Corps project manager and technical team. Details on how best to accomplish this will be developed with the contractor within the first 30 days following contract award.

9.0 DELIVERABLES

9.1 Software and other products as described in section 3.0 Specific

Requirements and Tasks, including:

9.1.1 Updated ASMManager, GNCreator, VACT, and other software and documentation.

9.1.2 Lock and Dam Status Message Fetcher/Formatter software and documentation for installation, configuration and use.

9.1.3 USACE-USCG interconnection documentation for installation, configuration and use.

9.1.4 Report of evaluation of any AIS equipment tested, including assessment of its ability to meet USACE-identified requirements

9.1.5 Technical reports and Technical notes for the Wx via AIS project;

specifically report of test aboard TS Kennedy and initial commercial vessel deployments between October 2018 and April 2020; interim test of installations aboard commercial vessels between August 2019 and January 2021.

9.2 Journal articles and conference presentations, including Transportation Research Board 2021 paper, and other conferences as identified.

9.3 Monthly progress reports including details on budget burn rate, percentage complete, anticipated spend plan, etc.

9.4 Documentation per Section 5 of this Scope of work (SOW).

10.0 Contracting Officer’s Representative. To be determined.

11.0 SECURITY REQUIREMENTS.

Access and General Protection/Security Policy and Procedures. All contractor and all associated sub-contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks to meet installation/facility access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any installation or facility change, the Government may require changes in contractor security matters or processes.

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

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

12.0 PERFORMANCE METRICS.

Statements Standards Incentive/Remedy

AIS transmit capability operationalization a)Incorporation in the LOMA system

Monthly written progress reports on status of the task. Technology transfer will primarily be accomplished through incorporation of new capabilities

EXCEPTIONAL 100% are done within the allotted time with 25% exceed the allotted.

VERY GOOD- 90-99% are done within the allotted time.

http://www.uscis.gov/e-verify

b) Transmit capability procedures

c) Transmit monitoring capabilities d)System Monitoring into existing systems, such as LOMA. Appropriate documentation will be provided for configuration and use of the capabilities.

Technical reports and notes, journal articles, conference papers and presentations, and other publications will be prepared as appropriate to advertise and share the capabilities developed.

SATISFACTORY 80-89% are done within the allotted time.

MARGINAL- 70-79% are done within the allotted time.

UNSATISFACTORY-Below 70%.

Contractor will provide all output files or the contact will be non-complaint and resulting action will require completing the missing input files at a no cost extension.

AIS Standard Development

Monthly written progress reports on status of the task. Technology transfer will primarily be accomplished through incorporation of new capabilities into existing systems, such as LOMA. Appropriate documentation will be provided for configuration and use of the capabilities.

Technical reports and notes, journal articles, conference papers and presentations, and other publications will be prepared as appropriate to advertise and share the capabilities developed.

EXCEPTIONAL 100% are done within the allotted time with 25% exceed the allotted.

VERY GOOD- 90-99% are done within the allotted time.

SATISFACTORY 80-89% are done within the allotted time.

MARGINAL- 70-79% are done within the allotted time.

UNSATISFACTORY-Below 70%.

Contractor will provide all output files or the contact will be non-complaint and resulting action will require completing the missing input files at a no cost extension.

AIS Equipment and Software Evaluation

Monthly written progress reports on status of the task. Technology transfer will primarily be accomplished through incorporation of new capabilities into existing systems, such as LOMA. Appropriate documentation will be provided for configuration and use of the capabilities.

Technical reports and notes, journal articles, conference papers and presentations, and other publications will be prepared as appropriate to advertise and share the capabilities developed.

EXCEPTIONAL 100% are done within the allotted time with 25% exceed the allotted.

VERY GOOD- 90-99% are done within the allotted time.

SATISFACTORY 80-89% are done within the allotted time.

MARGINAL- 70-79% are done within the allotted time.

UNSATISFACTORY-Below 70%.

Contractor will provide all output files or the contact will be non-complaint and resulting action will require completing the missing input files at a no cost extension.

Advanced ship-shore data communications via AIS

Monthly written progress reports on status of the task. Technology transfer will primarily be accomplished through incorporation of new capabilities into existing systems, such as LOMA. Appropriate documentation will be provided for configuration and use of the capabilities.

Technical reports and notes, journal articles, conference papers and presentations, and other publications will be prepared as appropriate to advertise and share the capabilities developed.

EXCEPTIONAL 100% are done within the allotted time with 25% exceed the allotted.

VERY GOOD- 90-99% are done within the allotted time.

SATISFACTORY 80-89% are done within the allotted time.

MARGINAL- 70-79% are done within the allotted time.

UNSATISFACTORY-Below 70%.

Contractor will provide all output files or the contact will be non-complaint and resulting action will require completing the missing input files at a no cost extension.

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

0002 Destination Government Destination Government

0003 Destination Government Destination Government

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-OCT-2020 TO

30-SEP-2021

N/A PR W2R2 USA ENGR R AND D CTR

BRIAN J. TETREAULT

3909 HALLS FERRY RD

VICKSBURG MS 39180-6133

410-456-0417

W81EWF

0002 POP 01-OCT-2021 TO

30-SEP-2022

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 01-OCT-2022 TO

30-SEP-2023

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.242-15 Stop-Work Order AUG 1989

52.247-34 F.O.B. Destination NOV 1991

Section G - Contract Administration Data

ADMINISTRATIION DATA

G.1. Contracting Officer’s Representative. The Contractor will be notified in writing of the

Contracting Officer’s Representative (COR) and the authority which the COR will exercise under the terms of this contract. The COR will be the Government’s contact person for the

Contractor in all matters relating to this contract.

G.2. Contractor Representative. The Contracting Officer shall be notified in writing of the name, address, and telephone number of the person who will represent the Contractor. The notification shall also state the authority which the Representative can exercise under the terms of this contract.

G.3. Invoice Submission and Payment. The Contractor shall provide invoices in accordance with FAR 32.905(b). Electronic invoice submissions must be created in black and white and in

Adobe’s Portable Document Format (PDF) and comply with the requirements specified within this contract. At a minimum, invoices will contain the following elements:

• Name and address of the Contractor (Note: Differences between the remittance address on the invoice and the data on record in the System for Award Management (SAM) can potentially cause delays in payment. Please verify this data agrees exactly.)

• Invoice date and number.

• Entire Contract number, contract line item number and modification number as applicable.

• Description, quantity, unit of measure, unit price and extended price of the item delivered.

Item description must match those contained in the contract description.

• Delivery tracking information to include tracing number and name of the person accepting delivery as applicable.

• In cases where there is no physical delivery, please include all email correspondence to the electronic delivery POC (the customer) when the product becomes available for download or is renewed in accordance with the performance work statement (PWS). Read receipts may help substantiate electronic delivery.

• Name and address of official to whom payment will be sent.

All invoices for this contract action shall be emailed to the following location for processing:

cefc-payments@usace.army.mil

A copy of each invoice shall be emailed to: The person identified in the contract at time of award.

mailto:cefc-payments@usace.army.mil

Final invoices with respect to a specific contract shall be clearly marked “FINAL” and submitted within 45 days after period of performance end date specified in contract. NOTE: In some cases, the first invoice may also be the final invoice.

GENERAL INFORMATION

NOTE: Specifications and any amendments, which may be issued to this solicitation, may be obtained from the betaSAM Web Page at http://www.beta.sam.gov

1. PLEASE SUBMIT ALL PROPOSALS IN RESPONSE TO THIS RFP ON OR BEFORE:

11 September 2020, 2:00 PM, CST.

Proposals are to be submitted via email to: traci.k.hoofman@usace.army.mil

2. DELIVERY FOB: DESTINATION

(See delivery location in specifications)

3. Payment Terms: ____________________________

4. REGISTERED ON SAM.GOV?

YES NO

NOTE: No. 4 is very important (See Clause 52.204-99)! If you are not registered on SAM, an award

CANNOT be made to your company. You may register electronically at https://www.sam.gov.

Registering electronically will expedite the registration process.

5. DUN & BRADSTREET NUMBER: _______________________________________

6. CAGE CODE: __________________________________

7. COMPLETE APPLICABLE INFORMATION ON THE FRONT OF THIS FORM (STANDARD FORM

1449), THE BID SCHEDULE, ATTACHMENT A, AND THE ATTACHED REPRESENTATION AND

CERTIFICATIONS INCLUDING 52.212-3, OFFEROR REPRESENTATIONS AND CERTIFICATIONS –

COMMERCIAL ITEMS (NOV 2017). SEE SECTION L FOR ADDITIONAL REQUIREMENTS.

PLEASE PROVIDE THE FOLLOWING INFORMATION:

a) PHONE NUMBER: ________________________________

b) FAX NUMBER: __________________________________

c) E-MAIL ADDRESS: ______________________________

d) PAYMENT ADDRESS IF DIFFERENT FROM MAILING ADDRESS:

http://www.beta.sam.gov/ mailto:traci.k.hoofman@usace.army.mil http://www.sam.gov/

e) POINT OF CONTACT: _______________________________

GOVERNMENT CONTRACTING POINT OF CONTACT:

Traci K. Hoofman

PHONE: (601) 634-4849

EMAIL: traci.k.hoofman@usace.army.mil mailto:traci.k.hoofman@usace.army.mil

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.203-11 Certification And Disclosure Regarding Payments To

Influence Certain Federal Transactions

SEP 2007

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

Content Paper

MAY 2011

52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUN 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

52.204-99 System for Award Management Registration (DEVIATION) AUG 2012

52.209-5 Certification Regarding Responsibility Matters OCT 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

52.214-34 Submission Of Offers In The English Language APR 1991

52.214-35 Submission Of Offers In U.S. Currency APR 1991

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

52.222-1 Notice To The Government Of Labor Disputes FEB 1997

52.222-22 Previous Contracts And Compliance Reports FEB 1999

52.222-25 Affirmative Action Compliance APR 1984

52.222-50 Combating Trafficking in Persons JAN 2019

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

52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

AUG 2018

52.227-1 Authorization and Consent JUN 2020

52.227-13 Patent Rights--Ownership By The Government DEC 2007

52.227-14 Rights in Data--General MAY 2014

52.227-16 Additional Data Requirements JUN 1987

52.227-17 Rights In Data-Special Works DEC 2007

52.232-1 Payments APR 1984

52.232-8 Discounts For Prompt Payment FEB 2002

52.232-9 Limitation On Withholding Of Payments APR 1984

52.232-11 Extras APR 1984

52.232-23 Alt I Assignment of Claims (May 2014) - Alternate I APR 1984

52.233-1 Disputes MAY 2014

52.233-2 Service Of Protest SEP 2006

52.233-3 Protest After Award AUG 1996

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

52.237-3 Continuity Of Services JAN 1991

52.252-1 Solicitation Provisions Incorporated By Reference FEB 1998

52.253-1 Computer Generated Forms JAN 1991

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

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7006 Billing Instructions OCT 2005

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Country that is a State Sponsor of

Terrorism

MAY 2019

252.225-7002 Qualifying Country Sources As Subcontractors DEC 2017

252.227-7015 Technical Data--Commercial Items FEB 2014

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006

252.239-7001 Information Assurance Contractor Training and Certification JAN 2008

252.239-7004 Orders For Facilities And Services SEP 2019

252.239-7006 Tariff Information JUL 1997

252.239-7007 Cancellation Or Termination Of Orders SEP 2019

252.239-7012 Title To Telecommunication Facilities And Equipment DEC 1991

252.239-7013 Term of Agreement and Continuation of Services --Basic OCT 2019

252.243-7001 Pricing Of Contract Modifications DEC 1991

CLAUSES INCORPORATED BY FULL TEXT

52.212-4 CONTRACT TERMS AND CONDITIONS-- COMMERCIAL ITEMS (OCT 2018)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights (1) within a reasonable time after the defect was discovered or should have been discovered; and

(2) before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes'', as amended (41 U.S.C. 601-613).

Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR

52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the

Contracting Officer in writing as soon as it is reasonably possible after the commencement or any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include--

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on

Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award

Management, or 52.232-34, Payment by Electronic

Funds Transfer--Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of

Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any

United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the

Contractor is reasonably notified of such claims and proceedings.

(i) Payment.--

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.

3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate

EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the

Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall--

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the--

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C.

7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if--

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer

(see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on--

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the

Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b.

destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The

Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the

Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C.

chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order: (1) the schedule of supplies/services; (2) The Assignments, Disputes, Payments, Invoice, Other

Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause; (3) the clause at 52.212-5; (4) addenda to this solicitation or contract, including any license agreements for computer software; (5) solicitation provisions if this is a solicitation; (6) other paragraphs of this clause; (7) the Standard Form 1449; (8) other documents, exhibits, and attachments; and (9) the specification.

(t) Reserved.

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C.

1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an ``I agree'' click box or other comparable mechanism (e.g., ``click-wrap'' or ``browse-wrap'' agreements), execution does not bind the Government or any

Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS--COMMERCIAL ITEMS (AUG 2020)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017)

(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)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by

Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or

Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19

U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)

XX ___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (Oct

1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

XX____ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509).

____ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN

2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment

Act of 2009.)

XX___ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L.

109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div.

C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub.

L. 111-117, section 743 of Div. C).

XX___ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (31 U.S.C. 6101 note).

____ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41

U.S.C. 2313).

____ (10) [Reserved]

____ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (MAR 2020) (15 U.S.C. 657a).

____ (ii) Alternate I (MAR 2020) of 52.219-3.

____ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020)

(if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

____ (ii) Alternate I (MAR 2020) of 52.219-4.

____ (13) [Reserved]

____ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (MAR 2020) (15 U.S.C. 644).

____ (ii) Alternate I (MAR 2020) of 52.219-6.

____ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (MAR 2020) (15 U.S.C. 644).

____ (ii) Alternate I (MAR 2020) of 52.219-7.

XX____ (16) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)).

____ (17)(i) 52.219-9, Small Business Subcontracting Plan (JUN 2020) (15 U.S.C. 637(d)(4)).

____ (ii) Alternate I (NOV 2016) of 52.219-9.

____ (iii) Alternate II (NOV 2016) of 52.219-9.

____ (iv) Alternate III (JUN 2020) of 52.219-9.

____ (v) Alternate IV (JUN 2020) of 52.219-9.

____ (18) (i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

____ (ii) Alternate I (MAR 2020) of 52.219-13.

____ (19) 52.219-14, Limitations on Subcontracting (MAR 2020) (15 U.S.C. 637(a)(14)).

____ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (MAR 2020) (15

U.S.C. 657f).

____ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (MAY 2020) (15 U.S.C. 632(a)(2)).

____ (ii) Alternate I (MAR 2020) of 52.219-28.

____ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-

Owned Small Business (EDWOSB) Concerns (MAR 2020) (15 U.S.C. 637(m)).

____ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns

Eligible Under the Women-Owned Small Business Program (MAR 2020) (15 U.S.C. 637(m)).

____ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

____ (26) 52.219-33, Nonmanufacturer Rule (MAR 2020) (15 U.S.C. 637(a)(17)).

XX____ (27) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

XX____(28) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JAN 2020) (E.O. 13126).

XX____ (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

XX____ (30)(i)…