Solicitation W912WJ26QA047.pdf

WOMEN-OWNED SMALL

BUSINESS (WOSB)

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NUMBER 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect 8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NUMBER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

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

BELOW IS CHECKED

REQUEST

FOR QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

REQUEST

FOR

PROPOSAL

(RFP)

SEE ADDENDUM

19.

ITEM NUMBER

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Government Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH

AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND

ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS

SPECIFIED

29. AWARD OF CONTRACT: REFERENCE OFFER

DATED . . YOUR OFFER ON SOLICITATION

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NORTH AMERICAN

INDUSTRY CLASSIFICATION

STANDARD (NAICS):

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

THE DEFENSE PRIORITIES

AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FREE ON

BOARD (FOB) DESTINATION

UNLESS BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

8(A)

ECONOMICALLY

DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30.

calls)

Solicitation/Contract Form Continuation

Boundary Maintenance Services, West Thompson Lake, North Instrument Name:

Grosvenordale, CT

W912WJ26QA047

Continuation of Supplies or Services and Prices/Costs

Additional Information/Notes

Item Supplies/Service Quantity Unit Unit Price

Amount

0001 Contractor shall provide all labor, materials, equipment, and transportation to provide boundary maintenance services along approximately 4 miles of USACE property boundary at West Thompson Lake, North Grosvenordale, CT in accordance with the Performance Work Statement.

Pricing Arrangement: Firm Fixed Price

1 Job

Continuation of Description

INSTRUCTION TO VENDORS:

VENDORS SUBMITTING A QUOTE IN RESPONSE TO A SOLICITATION ARE

RESPONSIBLE FOR ADHERING TO ALL INSTRUCTIONS AND TERMS AND CONDITIONS

INCLUDED IN THE SOLICITATION. FAILURE TO DO SO MAY RESULT IN QUOTES BEING

DEEMED NON-RESPONSIVE.

INFORMATION:

This is a Request for Quotations (RFQ) in accordance with Federal Acquisition Regulation (FAR) Parts 12 and 13.

Potential vendors are notified that the basis on which award will be made is price alone.

All responsible sources may submit a quote which, if timely received, must be considered by the Agency.

The Government may request that a vendor respond to a Quote Verification after the solicitation closes, but prior to award. The vendor shall respond in sufficient detail to all questions or statements no later than the response date and time listed in the correspondence.

Failure to do so may result in quotes being deemed non-responsive and removed from consideration. The Government is under no obligation to provide extensions for responses.

Previous contract was awarded to: STACIE LYNN BASSETT

Previous contract awarded amount: $10,340.00

Interested vendors are advised that scope may differ from previous contract.

No additional information on previous contracts will be provided.

QUESTIONS REGARDING SOLICITATIONS:

Questions regarding the solicitation shall be directed to the Contract Specialist:

Name: Alicia LaCrosse

Phone: 978-318-8902

Email: Alicia.N.LaCrosse@usace.army.mil

Technical Points of Contact shall not provide responses to interested vendors.

QUOTE SUBMISSION:

Quotes shall be submitted via email to the Contract Specialist listed above no later than the closing date and time identified in the solicitation or subsequent amendments.

The Government is under no obligation to consider any quote received after the solicitation closing date or time.

BID SCHEDULES:

If a Bid Schedule is included in the solicitation, vendors shall complete the bid schedule in its entirety (all tasks, all years).

Vendors shall enter $0.00 on Bid Schedules in which items are Not Separately Priced. Blank entries will not be considered and will result in quotes being deemed non-responsive.

Failure to complete the Bid Schedule in its entirety and return same with a quote will result in quotes being deemed non-responsive.

SITE VISITS:

If dates/times for site visits are included in the solicitation, then interested vendors will be permitted to visit the site during those dates/times. No other dates/times will be permitted for site visits.

If no dates/times for site visits are included in the solicitation, then interested vendors shall contact the Technical Point of Contact as identified in the solicitation to schedule a site visit.

No site visits will be permitted AFTER a solicitation closes.

SYSTEM FOR AWARD MANAGEMENT (SAM) REGISTRATIONS:

In accordance with FAR Clause 52.204-7:

Vendors are REQUIRED to be registered in SAM when submitting a quotation and shall continue to be registered until time of award, during performance, and through final payment.

"Registered" in SAM means that the Government has marked the record "Active".

The Government will deem quotes non-responsive from vendors that do not have an active SAM at the time of quote submission or by date/time of solicitation closing.

Provide Unique Entity Identifier (UEI): ___________________________

Provide CAGE code: ____________________________

SUBMITTALS:

Submittals (Accident Prevention Plan, Activity Hazard Analyses, Products, etc.) and Certifications/Licenses (10-hour OSHA, 30-hour OSHA, Competent Person in Fall Protection, Electrician's License, etc.) that are specified in the scope as required by this solicitation are not to be submitted with a quote. The awarded Contractor will be required to provide all submittals and certifications within the time stated in the solicitation and resultant contract. Failure to do so may result in termination.

PERFORMANCE WORK STATEMENT:

BOUNDARY MAINTENANCE SERVICES

U.S. ARMY CORPS OF ENGINEERS

WEST THOMPSON LAKE

N. GROSVENORDALE, CT

PERFORMANCE WORK STATEMENT

A. GENERAL

1. SCOPE OF WORK

a. Provide all labor, equipment, materials, and transportation necessary to perform U.S. Army Corps of Engineers (USACE) boundary maintenance at West Thompson Lake which includes locating, marking, and clearing brush along approximately 4 miles of USACE property boundary.

b. Provide a written report at the conclusion of the boundary maintenance noting missing monuments, monuments not located, damaged monuments, encroachments, trespasses, and any other noteworthy observations, containing photographic evidence to be submitted upon completion of the contract.

A photo album of every monument located and missing will be included with the final report.

c. All work shall be completed in accordance with the following Performance Work Statement.

2. LOCATION

The West Thompson Lake Project Area is located in Thompson, Connecticut. The project office is located at 449 Reardon Road, N. Grosvenordale, Connecticut, 06255.

3. POINT OF CONTACT

Contact the Technical Point of Contact (TPOC), Park Ranger Michelle Cucchi (860) 923-2982 or michelle.l.cucchi@usace.army.mil to schedule a site visit.

4. SCHEDULE

a. The period of performance is no later than 120 days after contract award.

b. All pre-work submittals shall be submitted within 21 days of contract award. The Government reserves up to 21 days for review and acceptance on each submittal/resubmittal from the date of receipt. If revisions are necessary to the submittals, the Contractor shall make such revisions and shall be resubmitted to the Government in an acceptable form within 14 days of the Government's response, unless additional time is granted by the Government in writing. No field work may proceed prior to the acceptance of pre-work submittals.

5. SAFETY

a. General:

All work shall be conducted in accordance with the U.S. Army Corps of Engineers Safety and Occupational Health Requirements Manual (EM 385-1-1, most recent edition), and all applicable Occupational Safety and Health Administration (OSHA), federal, state, and local safety and health requirements. A copy of EM 385-1-1 can be accessed electronically at the following link:

https://www.publications.usace.army.mil/Portals/76/EM%20385-1-1%20_EFFECTIVE% 2015March2024.pdf

Project staff reserve the right to cease work at any time should the safety of employees, Contractors, and/or the public become jeopardized.

b. Accident Prevention Plan (APP):

The Contractor shall prepare a site-specific Accident Prevention Plan. The APP must be written by a Competent Person (CP) and document the specific work processes, equipment, materials to be used, hazards and applicable measures.

The mandatory ENG Form 6293 (Accident Prevention Plan Worksheet) must be submitted and accepted prior to beginning on site work:

https://www.publications.usace.army.mil/Portals/76/Eng_Form_6293_2023Aug31.pdf

A preparatory meeting shall be conducted by the prime Contractor to discuss the APP contents with all effected onsite employees. The prime Contractor is responsible for informing their subcontractors of the safety provisions under the terms of the contract, the penalties for noncompliance, and inspecting subcontractor operations to ensure that accident prevention responsibilities are being carried out.

Daily safety meetings shall be held and documented. Records shall be available to the TPOC upon request.

c. Activity Hazard Analysis (AHA):

An AHA shall be submitted and accepted for each definable feature of work (DFOW) in accordance with EM 385-1-1, Chapter 2-6. A DFOW is defined as any task, which is separate and distinct from other tasks, has separate control requirements, or is identified as different trades or disciplines. The AHA shall be continuously reviewed and revised to address changing site conditions as appropriate.

For a non-mandatory formatted outline of an AHA, see ENG Form 6206 (Activity Hazard Analysis) https://www.publications.usace.army.mil/Portals/76/Eng_Form_6206_2023Aug24.pdf

d. Site Safety and Health Officer (SSHO) Requirements:

The Contractor shall employ a minimum of one person to function as a Level 3, SSHO. A Level 3 SSHO is a designated Qualified Person (QP) or Competent Person (CP) with Safety and Occupational Health (SOH) responsibility that meets the requirements of EM 385-1-1, Chapter 2-3.b and 2-4.b.

Level 3 SSHOs must have training, knowledge, and/or experience identifying hazards and implementing controls for the work being performed.

The SSHO shall be present at the project site and be responsible for overseeing the implementation of the prime Contractor's SOH program. Contractor shall designate all SSHOs on a mandatory ENG Form 6282 (Site Safety Health Officer Designation Letter):

https://www.publications.usace.army.mil/Portals/76/Eng_Form_6282_2023Aug28.pdf

e. First Aid and CPR Personnel Requirements:

For shifts with multiple employees, provide at least two employees that are certified to administer First Aid and CPR. When employees work alone, they must be certified in First Aid and be provided an effective means of communication to call for assistance in the event of an emergency. Minimum First Aid and CPR qualifications are outlined in EM 385-1-1, Chapter 3-3.

f. Additional Personnel Requirements:

Other Competent Person (CP) or Qualified Person (QP) may be required per EM 385-1-1 and /or other sections of this Performance Work Statement, based on the definable features of work for this project.

g. Accident Reporting:

All accidents and near misses shall be investigated by the Contractor and reported to the TPOC in accordance with EM 385-1-1, Table 2-1.

The mandatory ENG Form 3394 shall be completed and submitted to the TPOC within seven days of incident:

https://www.publications.usace.army.mil/Portals/76/Publications/EngineerForms /Eng_Form_3394_2021Aug.pdf

h. Employee Exposure Data:

The Contractor shall electronically report total employee work hours (including sub-contractors) to the TPOC by close of business on the 10th calendar day of the following month.

6. SECURITY

The Contractor will comply with all established security policies of USACE. During periods of heightened security, the Government reserves the right, at any time, to close any property or portion of property and reschedule and/or cancel any subsequent service in an area. The Contractor shall be given at least 24-hour notice of any such closure.

7. PRE-WORK CONFERENCE

Prior to the start of any work, the TPOC will schedule and conduct a pre-work conference. The Contractor's Project Manager and Quality Control Personnel will be physically present at this meeting. The Contractor shall directly oversee all work on the project and the Project Manager and Quality Control Personnel shall have the authority to act for the Contractor. This conference will be held at a time and location agreeable to the Government and Contractor. No work may be performed under this contract prior to this conference. The purpose of this conference is to enable the TPOC to outline the procedures that will be followed by the Government in its administration of the contract, and to discuss the performance that will be expected from the Contractor. At the pre-work conference the Contractor shall provide the name of the project superintendent with a telephone number for project coordination.

8. SUBMITTALS

Although the Government reviews submissions required by this Performance Work Statement, it is emphasized that the Contractor's work must be completed using proper internal controls and review procedures. The Government reserves up to 21 days for review and acceptance on each submittal/resubmittal after the date of receipt. If revisions are necessary to the submittals, the Contractor shall make such revisions and shall resubmit to the Government in acceptable form within 14 days of the Government's response, unless additional time is granted by the Government in writing.

The documents identified below must be prepared in accordance with the applicable standards, submitted to the TPOC for review and must be accepted by the Government.

a. Pre-work Submittals: Submitted within 21 days of contract award. Submittals must be accepted prior to the commencement of any field work

ENG 6293 (Accident Prevention Plan Worksheet)

Activity Hazard Analysis

ENG Form 6282 (Site Safety and Health Officer Designation Letter)

First Aid & CPR Certifications

Marking paint specifications and safety data sheets

b. Other Submittals: The documents identified below must be submitted during the period of performance of this contract:

Safety meetings - submitted upon request throughout the term of the contract.

Compiled employee work hours - submitted monthly throughout the term of the contract.

A written report with photographic evidence and associated map documenting any encroachment or suspected encroachment observed. This is to be immediately reported to the

TPOC.

A written final report of all findings including missing monuments, monuments that couldn't be located, damaged monuments, trespasses, encroachments, maps, including photographic evidence.

A photo album including a picture of every boundary monument located, including broken and /or damaged monuments will be included in this report.

Contractor will provide a paper document as well as an electronic file of these final reports.

9. PAYMENT

All boundary marking and maintenance shall be completed and inspected by the TPOC.

Contractor shall be responsible for the correction of all deficiencies at no additional cost to the Government prior to acceptance and payment of contract. After final inspection and acceptance by the Government, the Contractor shall submit an invoice to the Technical Point of Contact.

The invoice shall include the following: Invoice Date; Contract Number; Dates of Service;

Description of Work; Quantities; and total amount due per line item.

All invoices may be mailed to:

U.S. Army Corps of Engineers

West Thompson Lake Park Office

449 Reardon Road

North Grosvenordale, CT 06255

Or emailed to michelle.l.cucchi@usace.army.mil

B. TECHNICAL

Boundary lines are maintained lines of site to ensure abutters are aware of federal boundary lines at USACE projects. Maintenance to clear these lines requires routine identification, clearing, painting, signing, reporting encroachments (documenting via photo), and reporting damaged or missing monuments.

The Contractor will provide all labor, equipment, materials, and transportation necessary to perform USACE boundary marking at West Thompson Lake which includes locating, marking, and clearing brush along 4 miles of USACE property boundary line (see Figure 1).

The Government makes no representations as to the current condition of the boundary lines.

Extensive clearing may be required. Contractors are encouraged to conduct a site visit to determine current conditions. No adjustments in contract price will be made for failure to appropriately price the work.

1. Identification of Boundary

a. Contractor will receive detailed maps and information of service areas from USACE upon contract award. Maps will not be released to the public and must be returned after work has been accepted. Services performed under this contract are to be based on boundary surveyed data as indicated on maps furnished to the Contractor by USACE.

b. The detailed boundary survey maps indicate the location of project boundary monuments and the distances and bearings of the property lines.

c. At the end of the contract period of performance, all maps furnished to the Contractor shall be returned to USACE.

d. Contractor will identify the true USACE boundary prior to clearing and marking, which may require the use of temporary flagging for boundary line accuracy. Any flagging used will be removed by the Contractor prior to completion of the contract.

2. Clearing of Boundary Lines

a. Contractor will clear/maintain four feet (4') wide, from U.S. Government boundary, by eight feet (8') high line of site by cutting all branches, trees three inches (3") diameter and under at breast height, and brush/fallen trees intruding into this line; stumps will be cut no higher than three inches (3") above the ground (See Figure No. 2).

b. Branches will be cut back to the main stem of the tree/shrub.

c. Clearing is not required where the bound is defined by bodies of water.

d. All cuttings will be disposed of on USACE property and not left hung up in trees.

3. Marking of Boundary Line, Monuments, and Corner Trees

a. Permanent boundary lines shall be marked by repainting old blazes, replacing old blazes on dead or dying trees on adjacent healthy trees, or adding additional blazes where needed so that the blazes are visible from one blaze to the next. Blazes shall be made by scraping rough outer bark from the tree leaving a smooth paintable surface consisting of a three inch (3") wide by six inch (6") high vertical strip. Bark shall not be removed so deeply as to expose live wood (See Figure No. 2).

b. Marking Boundary Line Blazes

i. Marking blaze shall be made by painting the closest tree within the four feet boundary clearing, approximately five feet above the ground, with an RED three-inch (3") wide by three-inch (3") high blaze painted over a WHITE three-inch (3") by three-inch (3") blaze. If a tree is located directly on the boundary line, the blaze shall face towards the boundary line. All blazes painted on trees which are not directly on the boundary line shall face away from the project land being marked to be seen when entering USACE property (See Figure No. 2 and 3).

ii. Trees to be blazed shall be greater than four inches in diameter at breast height and shall be either on the boundary line or on Government property within four feet (4') of the boundary line.

iii. Signs will be placed on closest tree within the four feet (4') boundary clearing, at a height of approximately five feet (5') and facing outward from Government property. Boundary line signs (BLM-01 type) will be placed as close to the boundary line as possible. Signs should face away from the project land being marked. Signs should be placed (where terrain, vegetation, and common-sense permit) so that a least two of the signs can be clearly viewed by and individual approaching the Government property line from any point on adjacent property, generally between 75 and 150 feet apart.

iv. In open or lightly wooded areas, where a painted blaze is not possible, an integrated U.S.

Government supplied fiberglass stake with decal "Boundary Line" shall be placed in the ground on or near the boundary line (Figure No. 2).

c. Marking Boundary Monument and Corner Blazes

i. Marking Monument and Corner Blazes shall be made by painting closest tree, within the four feet boundary clearing on Government property, approximately five feet (5') above the ground, with a three-inch (3") high RED band painted band over a three-inch (3") high WHITE band around the circumference of the tree (See Figure No. 2).

ii. Type of boundary monument varies (aluminum/brass/bronze disk, drill holes, concrete marker, etc.) and will be identified on maps provided by the USACE.

iii. Paint and all supplies to perform this contract, other than listed as U.S. Government supplied, will be supplied by the Contractor.

4. Monument Inspection and Documentation

a. Contractor shall be responsible to use a metal detector, where appropriate, to located monuments that may not be immediately visible.

b. Contractor shall make note of any missing or damaged monuments in addition to any monument that is identified incorrectly. Contractor shall provide photos of all monuments including found, damaged, or missing. For monuments not found, indicate on photo where monument should be. Contractor shall provide photos of any damaged monuments.

5. Encroachment Reporting

a. Contractor shall provide photos of possible encroachment and indicate where the encroachment is on provided maps with a brief description of each encroachment.

b. Discovery of encroachments and suspected encroachments are to be immediately reported to the TPOC throughout the course of the contract.

c. The Contractor SHALL NOT attempt to resolve any encroachments.

6. Restrictions

All work will be inspected by the Contractor 's Quality Control Inspector as boundary line commences. The Contractor shall notify TPOC immediately upon completion of services, so that USACE may inspect the work. The Contractor shall be responsible for correction of any and all deficiencies discovered by the Quality Assurance inspection. These correction(s) will be at no additional cost to the Government.

7. Supply Descriptions

a. Contractor Furnished Paint:

The Contractor shall furnish marking paint required to complete the Performance Work Statement. The paint must be approved in advance by the TPOC

i. Tree Marking Paint Supply Specification

Provide a 6-8-year permanent duration.

Applied either by brush or forestry marking spray applicator.

Red and White in color, color to be pre-approved by TPOC.

Paint will be oil-based for durability.

b. Government Furnished Materials and Supplies:

Government-Furnished Materials and Supplies, for the execution of this contract, will be made available when requested. A list of Government Furnished Materials and Supplies are listed below.

i. BLM-01 type signs

ii. Boundary Line and Monument fiberglass stakes with decal and installation tool will be provided by the Government. Tool to be returned to the Government at end of contract.

iii. Government furnished supplies valued under $100 each.

*** END OF NARRATIVE 1 ***

Product Service Code : S208 North American Industry Classification System (NAICS) : 561730

Continuation of Packaging and Marking

Continuation of Inspection and Acceptance

Overall Contract Inspection/Acceptance Locations

Continuation of Deliveries or Performance

0001 Delivery Schedule From date of lead time event to completion of performance 120 Calendar Days

Date of Award 1 JobQuantity

Address and POC Place of Performance DoDAAC: 961101 CountryCode: USA

CORPS OF ENGINEERS NEW ENGLAND DIST

PROJECT MANAGER, W THOMPSON LAKE NORTH GROSVENORDALE, CT

06255 UNITED STATES

MICHELLE L CUCCHI, DELIVER_TO_EMP_ID_NO

Email: michelle.l.cucchi@usace.army.mil Telephone: (860) 923-2982

Continuation of Accounting and Appropriation Data

Contract Clauses

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

52.204-13 System for Award Management Maintenance.

2018-10

52.204-18 Commercial and Government Entity Code Maintenance.

2020-08

52.212-4 Contract Terms and Conditions- Commercial Products and Commercial Services.

2023-11

52.219-6 Notice of Total Small Business Set-Aside. 2020-11

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

252.203-7000 Requirements Relating to Compensation of Former DoD Officials.

2011-09

252.203-7002 Requirement to Inform Employees of Whistleblower Rights.

2022-12

252.204-7004 Antiterrorism Awareness Training for Contractors.

2023-01

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

2023-01

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports.

2018-12

252.232-7010 Levies on Contract Payments. 2006-12

252.244-7000 Subcontracts for Commercial Products or Commercial Services.

2023-11

252.245-7005 Management and Reporting of Government Property.

2024-01

252.247-7023 Transportation of Supplies by Sea. 2024-10

FAR Clauses Incorporated by Full Text

Date

Alternate Deviation

Variation Effective Date

52.219-28 Postaward Small Business Program Rerepresentation.

2025-01

Postaward Small Business Program Rerepresentation (Jan 2025)

(a) . As used in this clause-Definitions

Long-term contract means a contract of more than five years in duration, including options.

However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

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 the size standard in paragraph (d) of this clause.

(2) , as used in this definition, means business concerns, one of whom directly or Affiliates 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.

(b) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph

(h) of this clause, upon occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts-

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) If the Contractor represented its status as any of the small business concerns identified at 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph

(h) of this clause, for the NAICS code assigned to an order (except that paragraphs (c)(1) through (3) of this clause do not apply to an order issued under a Federal Supply Schedule contract at subpart 8.4)-

(1) Set aside exclusively for a small business concern identified at 19.000(a)(3) that is issued under an unrestricted multiple-award contract, unless the order is issued under the reserved portion of an unrestricted multiple-award contract ( e.g., an order set aside for a woman-owned small business under a multiple-award contract that is not set-aside, unless the order is issued under the reserved portion of the multiple-award contract);

(2) Issued under a multiple-award contract set aside for small businesses that is further set aside for a specific socioeconomic category that differs from the underlying multiple-award contract ( e.g., an order set aside for a HUBZone small business concern under a multiple-award contract that is set aside for small businesses);

(3) Issued under the part of the multiple-award contract that is set aside for small businesses that is further set aside for a specific socioeconomic category that differs from the underlying set-aside part of the multiple-award contract ( e.g., an order set aside for a WOSB concern under the part of the multiple-award contract that is partially set aside for small businesses);

and

(4) When the Contracting Officer explicitly requires it for an order issued under a multiple-award contract, including for an order issued under a Federal Supply Schedule contract (see 8.405-5(b) and 19.301-2(b)(2)).

(d) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code(s) assigned to this contract. The small business size standard corresponding to this NAICS code(s) can be found at https://www.sba.gov /document/support--table-size-standards.

(e) The small business size standard for a Contractor providing an end item that it does not manufacture, process, or produce itself, for a contract other than a construction or service contract, is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition-

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

(2) Used the HUBZone price evaluation preference regardless of dollar value, unless the Contractor waived the price evaluation preference; or

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

(f) Except as provided in paragraph (h) of this clause, the Contractor shall make the representation(s) required by of this clause by validating or updating paragraphs (b) and (c) all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting officer in writing within the timeframes specified in paragraph (b) of this clause, or with its offer for an order (see paragraph (c) of this clause), that the data have been validated or updated, and provide the date of the validation or update.

(g) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (f) or (h) of this clause.

(h) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

(1) The Contractor represents that it is, is not a small business concern under 561730 NAICS Code assigned to contract number.W912WJ26PXXXX

(2) [Complete only if the Contractor represented itself as a small business concern in .] The Contractor represents that it is, is not, a small paragraph (h)(1) of this clause disadvantaged business concern as defined in .13 CFR 124.1001

(3) [Complete only if the Contractor represented itself as a small business concern in ] The Contractor represents that it is, is not a women-owned paragraph (h)(1) of this clause.

small business concern.

(4) Women-owned small business (WOSB) joint venture eligible under the WOSB Program.

The Contractor represents that it is, is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The Contractor shall enter the name and unique entity identifier of each party to the joint venture: .]____

(5) Economically disadvantaged women-owned small business (EDWOSB) joint venture.

The Contractor represents that it is, is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The Contractor shall enter the name and unique entity identifier of each party to the joint venture: .]____

(6) [Complete only if the Contractor represented itself as a small business concern in ] The Contractor represents that it is, is not a veteran-owned paragraph (h)(1) of this clause.

small business concern.

(7) [Complete only if the Contractor represented itself as a veteran-owned small business ] The Contractor represents that it is, is not a concern in paragraph (h)(6) of this clause.

service-disabled veteran-owned small business concern.

(8) Service-disabled veteran-owned small business (SDVOSB) joint venture eligible under . The Contractor represents that it is, is not an SDVOSB joint venture the SDVOSB Program eligible under the SDVOSB Program that complies with the requirements of 13 CFR

128.402. [The Contractor shall enter the name and unique entity identifier of each party to the joint venture: .]____

(9) [ Complete only if the Contractor represented itself as a small business concern in ] The Contractor represents that-paragraph (h)(1) of this clause.

(i) It is, is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and

(ii) It is, is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (h)(8)(i) of this clause is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The Contractor shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: .] Each HUBZone small business concern ____ participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

[ Contractor to sign and date and insert authorized signer's name and title.] ____

(End of clause)

DFARS Clauses Incorporated by Full Text

Date

Alternate Deviation

Variation Effective Date

252.204-7012 Safeguarding Covered Defense 2024-05 Deviation 2024-05

Information and Cyber Incident Reporting. (DEVIATION 2024-O0013

REVISION 1)

2024- O0013

SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT

REPORTING (MAY 2024) (DEVIATION 2024-O0013 REVISION 1)

(a) Definitions. As used in this clause-

Adequate security means protective measures that are commensurate with the consequences and probability of loss, misuse, or unauthorized access to, or modification of information.

Compromise means disclosure of information to unauthorized persons, or a violation of the security policy of a system, in which unauthorized intentional or unintentional disclosure, modification, destruction, or loss of an object, or the copying of information to unauthorized media may have occurred.

Contractor attributional/proprietary information means information that identifies the contractor(s), whether directly or indirectly, by the grouping of information that can be traced back to the contractor(s) (e.g., program description, facility locations), personally identifiable information, as well as trade secrets, commercial or financial information, or other commercially sensitive information that is not customarily shared outside of the company.

Controlled technical information means technical information with military or space application that is subject to controls on the access, use, reproduction, modification, performance, display, release, disclosure, or dissemination. Controlled technical information would meet the criteria, if disseminated, for distribution statements B through F using the criteria set forth in DoD Instruction 5230.24, Distribution Statements on Technical Documents. The term does not include information that is lawfully publicly available without restrictions.

Covered contractor information system means an unclassified information system that is owned, or operated by or for, a contractor and that processes, stores, or transmits covered defense information.

Covered defense information means unclassified controlled technical information or other information, as described in the Controlled Unclassified Information (CUI) Registry at http://www.archives.gov/cui/registry/category-list.html, that requires safeguarding or dissemination controls pursuant to and consistent with law, regulations, and

Governmentwide policies, and is-

(1) Marked or otherwise identified in the contract, task order, or delivery order and provided to the contractor by or on behalf of DoD in support of the performance of the contract; or

(2) Collected, developed, received, transmitted, used, or stored by or on behalf of the contractor in support of the performance of the contract.

Cyber incident means actions taken through the use of computer networks that result in a compromise or an actual or potentially adverse effect on an information system and/or the information residing therein.

Forensic analysis means the practice of gathering, retaining, and analyzing computer-related data for investigative purposes in a manner that maintains the integrity of the data.

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information.

Malicious software means computer software or firmware intended to perform an unauthorized process that will have adverse impact on the confidentiality, integrity, or availability of an information system. This definition includes a virus, worm, Trojan horse, or other code-based entity that infects a host, as well as spyware and some forms of adware.

Media means physical devices or writing surfaces including, but is not limited to, magnetic tapes, optical disks, magnetic disks, large-scale integration memory chips, and printouts onto which covered defense information is recorded, stored, or printed within a covered contractor information system.

Operationally critical support means supplies or services designated by the Government as critical for airlift, sealift, intermodal transportation services, or logistical support that is essential to the mobilization, deployment, or sustainment of the Armed Forces in a contingency operation.

Rapidly report means within 72 hours of discovery of any cyber incident.

Technical information means technical data or computer software, as those terms are defined in the clause at DFARS 252.227-7013, Rights in Technical Data-Other Than Commercial Products and Commercial Services, regardless of whether or not the clause is incorporated in this solicitation or contract. Examples of technical information include research and engineering data, engineering drawings, and associated lists, specifications, standards, process sheets, manuals, technical reports, technical orders, catalog-item identifications, data sets, studies and analyses and related information, and computer software executable code and source code.

(b) Adequate security. The Contractor shall provide adequate security on all covered contractor information systems. To provide adequate security, the Contractor shall implement, at a minimum, the following information security protections:

(1) For covered contractor information systems that are part of an Information Technology (IT) service or system operated on behalf of the Government, the following security requirements apply:

(i) Cloud computing services shall be subject to the security requirements specified in the clause 252.239-7010, Cloud Computing Services, of this contract.

(ii) Any other such IT service or system (i.e., other than cloud computing) shall be subject to the security requirements specified elsewhere in this contract.

(2) For covered contractor information systems that are not part of an IT service or system operated on behalf of the Government and therefore are not subject to the security requirement specified at paragraph (b)(1) of this clause, the following security requirements apply:

(i) Except as provided in paragraph (b)(2)(ii) of this clause, the covered contractor information system shall be subject to the security requirements in National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171, “Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations”, Revision 2 (available via the internet at https://nvlpubs.nist.gov/nistpubs/SpecialPublications/NIST.SP.

800-171r2.pdf).

(ii)(A) The Contractor shall implement NIST SP 800-171, as soon as practical, but not later than December 31, 2017. For all contracts awarded prior to October 1, 2017, the Contractor shall notify the DoD Chief Information Officer (CIO), via email at osd.dibcsia@mail.mil, within 30 days of contract award, of any security requirements specified by NIST SP 800-171 not implemented at the time of contract award.

(B) The Contractor shall submit requests to vary from NIST SP 800-171 in writing to the Contracting Officer, for consideration by the DoD CIO. The Contractor need not implement any security requirement adjudicated by an authorized representative of the DoD CIO to be nonapplicable or to have an alternative, but equally effective, security measure that may be implemented in its place.

(C) If the DoD CIO has previously adjudicated the contractor’s requests indicating that a requirement is not applicable or that an alternative security measure is equally effective, a copy of that approval shall be provided to the Contracting Officer when requesting its recognition under this contract.

(D) If the Contractor intends to use an external cloud service provider to store, process, or transmit any covered defense information in performance of this contract, the Contractor shall require and ensure that the cloud service provider meets security requirements equivalent to those established by the Government for the Federal Risk and Authorization Management Program (FedRAMP) Moderate baseline (https://www.fedramp.gov/documents-templates/) and that the cloud service provider complies with requirements in paragraphs (c) through (g) of this clause for cyber incident reporting, malicious software, media preservation and protection, access to additional information and equipment necessary for forensic analysis, and cyber incident damage assessment.

(3) Apply other information systems security measures when the Contractor reasonably determines that information systems security measures, in addition to those identified in paragraphs (b)(1) and (2) of this clause, may be required to provide adequate security in a dynamic environment or to accommodate special circumstances (e.g., medical devices) and any individual, isolated, or temporary deficiencies based on an assessed risk or vulnerability.

These measures may be addressed in a system security plan.

(c) Cyber incident reporting requirement.

(1) When the Contractor discovers a cyber incident that affects a covered contractor information system or the covered defense information residing therein, or that affects the contractor’s ability to perform the requirements of the contract that are designated as operationally critical support and identified in the contract, the Contractor shall-

(i) Conduct a review for evidence of compromise of covered defense information, including, but not limited to, identifying compromised computers, servers, specific data, and user accounts. This review shall also include analyzing covered contractor information system(s) that were part of the cyber incident, as well as other information systems on the Contractor’s network(s), that may have been accessed as a result of the incident in order to identify compromised covered defense information, or that affect the Contractor’s ability to provide operationally critical support; and

(ii) Rapidly report cyber incidents to DoD at https://dibnet.dod.mil.

(2) Cyber incident report. The cyber incident report shall be treated as information created by or for DoD and shall include, at a minimum, the required elements at https://dibnet.dod.mil.

(3) Medium assurance certificate requirement. In order to report cyber incidents in accordance with this clause, the Contractor or subcontractor shall have or acquire a DoD-approved medium assurance certificate to report cyber incidents. For information on obtaining a DoD-approved medium assurance certificate, see https://public.cyber.mil/eca/.

(d) Malicious software. When the Contractor or subcontractors discover and isolate malicious software in connection with a reported cyber incident, submit the malicious software to DoD Cyber Crime Center (DC3) in accordance with instructions provided by DC3 or the Contracting Officer. Do not send the malicious software to the Contracting Officer.

(e) Media preservation and protection. When a Contractor discovers a cyber incident has occurred, the Contractor shall preserve and protect images of all known affected information systems identified in paragraph (c)(1)(i) of this clause and all relevant monitoring/packet capture data for at least 90 days from the submission of the cyber incident report to allow DoD to request the media or decline interest.

(f) Access to additional information or equipment necessary for forensic analysis. Upon request by DoD, the Contractor shall provide DoD with access to additional information equipment that is necessary to conduct a forensic analysis.

(g) Cyber incident damage assessment activities. If DoD elects to conduct a damage assessment, the Contracting Officer will request that the Contractor provide all of the damage assessment information gathered in accordance with paragraph (e) of this clause.

(h) DoD safeguarding and use of contractor attributional/proprietary information. The Government shall protect against the unauthorized use or release of information obtained from the contractor (or derived from information obtained from the contractor) under this clause that includes contractor attributional/proprietary information, including such information submitted in accordance with paragraph (c). To the maximum extent practicable, the Contractor shall identify and mark attributional/proprietary information. In making an authorized release of such information, the Government will implement appropriate procedures to minimize the contractor attributional/proprietary information that is included in such authorized release, seeking to include only that information that is necessary for the authorized purpose(s) for which the information is being released.

(i) Use and release of contractor attributional/proprietary information not created by or for DoD. Information that is obtained from the contractor (or derived from information obtained from the contractor) under this clause that is not created by or for DoD is authorized to be released outside of DoD-

(1) To entities with missions that may be affected by such information;

(2) To entities that may be called upon to assist in the diagnosis, detection, or mitigation of cyber incidents;

(3) To Government entities that conduct counterintelligence or law enforcement investigations;

(4) For national security purposes, including cyber situational awareness and defense purposes (including with Defense Industrial Base (DIB) participants in the program at 32 CFR part 236); or

(5) To a support services contractor (“recipient”) that is directly supporting Government activities under a contract that includes the clause at 252.204-7009, Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information.

(j) Use and…