W15QKN-21-Q-5113 - K-Base Aggregate Solicitation - Fort Devens MA.pdf

SEE ADDENDUM

(No Collect Calls)

W15QKN21Q5113 24-Jun-2021

b. TELEPHONE NUMBER

609-562-

8. OFFER DUE DATE/LOCAL TIME

01:00 PM 08 Jul 2021

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

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

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W15QKN9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

MITCHELL DOUGLAS

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

(TYPE OR PRINT)

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

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

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

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

0011612578-0001

ARE NOT ATTACHED

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

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

US ARMY CONTRACTING COMMAND

5418 S. SCOTT PLAZA

JOINT BASE MDL NJ 08640

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

X 8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

NAICS:

212321

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 OF46

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.

W15QKN21Q5113

Section SF 30 - BLOCK 14 CONTINUATION PAGE

BASIS OF AWARD

The Government intends to award a Firm Fixed Price (FFP) contract to the responsive, responsible offeror resulting from this solicitation. Award shall be made to a single contractor on an all or nothing basis. Quotes must include prices for each item listed. Failure to do so shall be cause for the offeror to be considered non-responsive.

Award will be based on the lowest price meeting technical specifications.

INSTRUCTIONS TO OFFERORS

1.Quotes shall be emailed to Contract Specialist, Mitchell Douglas mitchell.e.douglas.civ@mail.mil

2. A site visit is available send request to the Installation Point of Contact Mr. Donald Mills (978) 615-6118 donald.c.mills3.civ@mail.mil and include a list of attendees with company name. Visitors must have a valid driver’s license or state issued identification.

*** Due to the COVID-19 pandemic, site visits may be limited due to the health restriction status of the Installation. Please check with the installation POC Donald Mills for availability.***

3. See FAR 52.212-1 – Instructions to Offerors, FAR 52.212-1 Addendum for instructions to offerors.

4. All work shall be performed in accordance with the Statement of Work.

5. All questions regarding this solicitation shall be submitted via email no later than 2 July 2021 at 04:00PM EST to Mitchell Douglas, mitchell.e.douglas.civ@mail.mil.

6. Offers shall remain valid for 120 calendar days.

ASMINISTRATION INFO

CONTRACT ADMINISTRATION:

Inquiries concerning all contractual actions after award shall be directed first to the contract administrator. In his absence, please contact the contracting officer. Subject line must reference the solicitation/contract number.

Changes: the contract administrator will incorporate all changes and other administrative actions to the contract as directed and authorized by the contracting officer.

Contract Specialist:

Mitchell E Douglas E-mail: mitchell.e.douglas.civ@mail.mil

Contracting Officer:

Julie Cameron E-mail: julie.a.cameron.civ@mail.mil Office: (609) 562 – 7026

Customer:

Facility Location:

Fort Devens, South Post range, Warehouse Bldg. 3754, 12 Feinberg Street Devens, MA 01434-4429

PERFORMANCE WORK STATEMENT

CONTRACT STATEMENT OF WORK (SOW)

Customer: Fort Devens, MA:

Nomenclature: CLIN-#-1 Provide and Deliver Aggregate Material

Standard of Build: Specifications outlined in customer provided statement of work

Agreement: Provider will: Provide and Deliver Aggregate (ON-CALL BASIS ONLY) On-call delivery (only) of aggregate for South Post Range Fort Devens, MA. On-call transportation and delivery to prospective locations on South Post. Delivery may require any combinations of materials, weights, cubic yardage, or immediate delivery. Materials must be tailgate spread on different terrain sites and locations.

Warranty: Certification will be provided to the Customer by the Contractor after completion of all work that each article meets the requirements specified throughout this work effort.

Delivery Schedule: Contractor will be responsible for the on-call shipping of K-Base Aggregate from factory to end user.

Project Title: Delivery of K-Base Aggregate Material

1.0 Background: As the major Army Reserve presence in Massachusetts, Fort Devens provides operational, training and logistic resources to tenant, transient training and stationed units and area customers; provides standardized, effective and efficient services, facilities, infrastructure and quality of life to Soldiers, Family Members, Retirees and Civilian Employees as applicable to support the training, readiness and operational capability for all components and branches of the joint force accomplished through responsible execution of funds and effective conservation of natural resources.

The Directorate of Plans and Training (DPT) provides training capabilities, standardized services and sustainable infrastructure enabling the operational readiness of the Armed Forces and the diverse Fort Devens community. The DPT through Range Division, provides premier training capabilities and base operations support to the Armed Forces in New England and remains the installation of choice for unit and individual training requirements in the region.

2.0 Scope/Objective: This Statement of Work (SOW) requires procurement of K-Base Aggregate (ON-

CALL BASIS ONLY) On-call delivery (only) of aggregate for South Post Range Fort Devens, MA.

On-call transportation and delivery to prospective locations on South Post. Delivery may require any combinations of materials, weights, cubic yardage, or immediate delivery.

3.0 CLIN-0001: Delivery of K-Base Aggregate: The contractor shall On-call delivery (only) of aggregate for South Post Range Fort Devens, MA.

4.0 There may be operations in the vicinity of obstructions/trees/limbs, etc. Vendor will not be responsible for moving trees, limbs etc. Vehicle operator shall be fully responsible for the delivery and even layer tailgate spread of the materials without more than normal supervision. All materials shall be in compliance with Commonwealth of Massachusetts, Massachusetts Highway Department Standards and Specifications, 1988 Edition with latest changes, alterations, modifications, rules and regulations. Material shall be in accordance with Division III, Material Specifications, Sections M1 (Soils and Borrow Materials) and Section M2 (Aggregates and Related Materials). Material deliveries and spreading shall be witnessed and verified with receipt signed by Government Representative.

5.0 Place of Performance and Hours of Operation:

6.0 Place of Performance. Tasks under this contract shall be performed at Government owned facilities at Fort Devens South Post Training Area.

6.1 Hours of Operations. Tasks under this SOW shall be performed during normal business hours between the hours of 6:30am through 3:45pm, Monday through Friday, excluding holidays observed by Fort Devens.

6.2 Prior Coordination: The Contractor is permitted to work holidays, and non-business hours as coordinated with installation officials.

6.3 Period of Performance (PoP): The PoP for this project begins following the Task Order award to 31 July 2022.

6.4 Travel: N/A

6.5 Installation Closures. The Army generally designates the last workday prior to a holiday weekend as a training holiday for its Soldiers. Contractor employees are not excused from performing assigned work under this contract on training holidays. In situations where the facilities in which work is performed are closed and inaccessible due to Government shut down for reasons of natural disaster, furlough, military emergency, increase of Force Protection Conditions to Charlie or Delta, or severe inclement weather, the KO will notify the Contractor at the earliest practicable date. The Government will not be liable for costs incurred as a result of natural disasters, military emergency, and increase of Force Protection Conditions to Charlie or Delta, or severe inclement weather.

7.0 Contractor Excluded Responsibilities: N/A

8.0 Government Furnished Property (GFP): The Government will provide facilities and utilities required for the execution of this SOW.

9.0 The Government: The Government will assist the Contractor to obtain dig permits if required.

10.0 The Government: The Government will ensure there are no unexploded ordinance in the construction area.

10.1 The Government: The Government will establish clear guidance of ordnance marked zones. All contractor personnel must receive an Un-Exploded Ordnance (UXO) safety briefing prior to project work starting.

11.0 Contractor: The Contractor shall provide a Daily Construction Report after the first day of construction until Government acceptance of the project.

11.1 The Government will review all reports and provide comments as needed within ten (10) calendar days.

11.2 The Contractor shall incorporate Government comments and provide revised reports within ten

(10) calendar days after receiving Government comments.

12.0 Hazardous Information: All areas within the project footprint and adjacent areas if active with military personnel training. Range Control will deny contractor & non-contractor personnel access to the project area during all phases of construction where there is inherent danger to personnel. The Contractor shall remain vigilant with Fort Devens Range Control to work within the construction area to reduce impacts on training exercises.

Personnel:

13.0 The Government and the Contractor understand and agree that the services to be delivered are non-personal services, and both parties recognize and agree that no employer-employee relationships exist between the Government and the Contractor and/or between the Government and the Contractors employees. Contactor personnel performing under this contract shall not be placed in a position where they are employed by a Federal Office or are under the supervision, direction, or evaluation of a Federal Officer, military or civilian. The Government will neither supervise contractor employees nor control the method by which the contractor performs the required tasks.

Under no circumstances will the Government assign tasks to, or prepare work schedules for, contractor employees. It shall be the responsibility of the contractor to manage its employees and to guard against actions that are of the nature of personal services, or give the perception of personal services. If particular actions constitute, or are perceived by the contractor to constitute personal services, it shall be the contractor's responsibility to notify the Procuring Contracting Officer (PCO) or Administrative Contracting Officer (ACO) immediately.

14.0 If an employee is removed from the job site or dismissed from the premises the contractor is not relieved of the requirement to provide sufficient personnel to perform the services as required by this SOW. IAW 18 USC 1382 and AR 380-49, the authority of the Installation Commander to control and deny an employee entry to all or part of the installation is absolute. The individual concerned has no right to appeal.

15.0 All personnel must be able to read, write, speak, and comprehend the English language. The Contractor shall provide a workforce possessing the skills, knowledge, and training to satisfactorily perform the services required by this contract. Personnel performing work under this SOW shall not be considered employees of the Government.

16.0 Contracting Officer Representative (COR)/On-Site Contracting Officer Representative

(OSCOR)

16.1 COR:

Name: Donald C. Mills Address: Devens Reserve Forces

ITAM: 978-615-

Cell: 504-308-8481 E-mail: donald.c.mills3.civ@mail.mil

16.2 Additional POC:

Name: Julien Hugo-Webb Address: Devens Reserve Forces

ITAM: 978-615-

Cell: (978) 493-

E-mail

17.0 Security Requirements:

17.1 Employees selected by the Contractor for this performance work statement must be able to pass all security requirements IAW the Fort Devens Provost Marshal’s Policy in order to gain access to the installation.

17.2 All contract personnel are required to attend a Range Safety Brief and obtain a Range Pass prior to performing any work downrange. The pass must be carried by each Contractor and his/her representative(s) when they are within the boundaries of Fort Devens Range and Training Complex.

17.3 Anti-terrorism (AT) Level I training. All employees requiring access to Army installations, facilities and controlled access areas shall complete AT Level I awareness training within 10 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable.

17.4 The contractor shall submit certificates of completion for each affected contractor employee, to the

COR or to the contracting officer, if a COR is not assigned, within 10 calendar days after completion of training by all employees. AT level I awareness training is available at the following website: http://jko.jten.mil

17.5 Access and general protection/security policy and procedures. Contractor and all associated employees shall provide all information required for background checks to meet installation 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 individual facility or installation change, the Government may require changes in contractor security matters or processes.

17.6 For contractors that do not require CAC, but require access to a DOD facility or installation.

Contractor and all associated 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), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

17.7 Iwatch Training. The contractor shall brief all employees on the local Iwatch program (training standards provided by the requiring activity ATO). This local developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. This training shall be completed within 10 calendar days of contract award and within 10 calendar days of new employees commencing performance with the results reported to the COR NLT 10 calendar days after contract award.

17.8 IAW Army Regulation 525-13, paragraph 5-19, all prospective Contractors shall undergo a verification process to determine the trustworthiness and suitability prior to being granted access to federal property. Limited access with escort may be granted (at the installation’s discretion) for an interim period while investigations are being conducted.

18.0 Installation Access:

18.1 The Contractor shall provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office.

18.2 The Government will assist the Contractor with installation access, however, it is the Contractor’s responsibility to gain lawful access to the installation IAW Provost Marshal’s policies.

19.0 Payment: Provide progress payment invoicing according to the Schedule of Values which shall be submitted as indicated in the Task Order.

20.0 Contractor Manpower Data Reporting

20.1 The Office of Assistant Secretary of the Army (Manpower & Reserve Affairs) operates and maintains a secure Army data collection site where the contractor will report contractor manpower information required for performance of this contract. The contractor shall submit all the information required in the format specified at the following web address https:/ / cmra.army.mil/default.aspx.

20.2 The required information includes:

20.2.1 Contract Number

20.2.2 Delivery Order Number (if applicable)

20.2.3 Task Order Number (if applicable)

20.2.4 Requiring Activity Unit Identification Code (UIC)

20.2.5 Command

20.2.6 Contractor Contact Information

20.2.7 Federal Service Code

20.2.8 Direct Labor Hours

20.2.9 Direct Labor Dollars

20.2.10 Location information [where contractor performed the services, contractors shall fill in the above fields on the website.]

20.2.11 Reporting period will be the period of performance not to exceed 12 months ending September 30 of each Government fiscal year and must be reported by 15 October of each calendar year before your particular contract crosses fiscal years, 2 entries must be made to capture the data for the final contract.

Section SF 1449 - CONTINUATION SHEET

HQ-AMC - LEVEL PROTEST

52.233-4000 HQ AMC-LEVEL PROTEST PROGRAM (JAN 2014)

If you have complaints about this procurement, it is preferable that you first attempt to resolve those concerns with the responsible contracting officer. However, you can also protest to Headquarters, AMC. The HQ, AMC-Level Protest Program is intended to encourage interested parties to seek resolution of their concerns within AMC as an Alternative Dispute Resolution forum, rather than filing a protest with the General Accounting Office or other external forum. Contract award or performance is suspended during the protest to the same extent, and within the same time periods, as if filed at the GAO. The AMC protest decision goal is to resolve protests within 20 working days from filing. To be timely, protests must be filed within the periods specified in FAR 33.103.Send protests (other than protests to the contracting officer) to:

Headquarters U.S. Army Materiel Command Office of Command Counsel-Deputy Command Counsel 4400 Martin Road Rm: A6SE040.001 Redstone Arsenal, AL 35898-5000 Fax: (256) 450-8840 Email: usarmy.redstone.usamc.mbx.protests@mail.mil The AMC-level protest procedures are found at: Web Address: http://www.amc.army.mil/amc/commandcounsel.html If Internet acc contracting officer or HQ, AMC to obtain the AMC-Level Protest Procedures

REQUIRED INSURANCE

FAR 28.307-2 Liability

REQUIRED INSURANCE

a. The contractor shall, at his own expense, provide and maintain during the entire performance of this contract at least the kinds and minimum amounts of insurance required in the schedule or elsewhere in the contract.

TYPE AMOUNT

(a) Workmen’s Compensation

The required Workmen’s Compensation $100,000 Each Insurance shall extend to cover Accident Employee’s liability for accidental $500,000 Disease Bodily injury or death and for Policy Limit Occupational disease with a minimum $100,000 Disease Liability of: Each Employee

(b) Comprehensive General Liability with minimum limits of:

Per accident or occurrence For bodily injury $500,000.00

This insurance shall include Contractor’s protective liability and contractual liability.

(c) Comprehensive Automobile Liability Insurance with minimum limits of:

(Automobile Liability only applicable to company owned vehicles and/or vehicles used in the direct performance of services/construction within this contract.)

Per Person $200,000.00 Per Occurrence for Bodily Injury $500,000.00 Per Occurrence for Property Damage

$20,000.00 or

Combined Single Limit $500,000.00

b. Within ten (10) calendar days after contract award, the Contractor shall certify to the Contracting Officer, in writing, that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the period as the laws of the state in which this contract is to be performed, or (2) until 30 days after insurer or the Contractor gives written notice to the Contracting Officer.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1,100 Actual

Tons

Base Year Delivery of K-Base

FFP

Base Year Delivery of K-Base FOB: Destination

PURCHASE REQUEST NUMBER: 0011612578-0001

PSC CD: 5836

NET AMT

0002 1,100 Actual

OY 1-Delivery of K-Base

OY 1-Delivery of K-Base FOB: Destination

0003 1,100 Actual

OY 2-Delivery of K-Base

OY 2-Delivery of K-Base FOB: Destination

0004 1,100 Actual

OY 3-Delivery of K-Base

OY 3-Delivery of K-Base FOB: Destination

0005 1,100 Actual

OY 4-Delivery of K-Base

OY 4-Delivery of K-Base FOB: Destination

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A N/A N/A Government 0002 N/A N/A N/A Government 0003 N/A N/A N/A Government 0004 N/A N/A N/A Government

0005 N/A N/A N/A Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 28-MAY-2021 1,100 DEVENS RFTA

DEVENS RFTA

DEVENS, MA NJ 01434

FOB: Destination

W13GQF

0002 08-APR-2021 1,100 W1DC DRFTA MASS

W1DC DRFTA MASS

INSTALLATION PBO

WHSE BLDG 3574 12 FEINBERG STR

DEVENS MA 01434-4429

0003 08-APR-2021 1,100 (SAME AS PREVIOUS LOCATION)

0004 08-APR-2021 1,100 (SAME AS PREVIOUS LOCATION)

0005 08-APR-2021 1,100 (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-24 Representation Regarding Certain Telecommunications and

Video Surveillance Services or Equipment.

OCT 2020

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

AUG 2020

52.208-9 Contractor Use of Mandatory Sources of Supply or Services MAY 2014 52.212-1 Instructions to Offerors--Commercial Items JUN 2020 52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.217-5 Evaluation Of Options JUL 1990 52.219-6 Notice Of Total Small Business Set-Aside NOV 2020 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001

52.228-5 Insurance - Work On A Government Installation JAN 1997 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.243-5 Changes and Changed Conditions APR 1984 52.247-34 F.O.B. Destination NOV 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense- Contract-Related Felonies

DEC 2008

252.204-7008 Compliance With Safeguarding Covered Defense Information Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

DEC 2019

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

MAY 2016

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

SEP 2014

252.225-7006 Acquisition of the AmericanFlag AUG 2015 252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

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

Personnel

JUN 2013

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

CLAUSES INCORPORATED BY FULL TEXT

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

2020)

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

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

(c) Representations.

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

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

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (FEB 2021)

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

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

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

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

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

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

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

“Sensitive technology”--

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

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

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

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

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

(1) Means a small business concern--

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

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

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

"Small business concern"--

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

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

“Small disadvantaged business concern”, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

“Subsidiary” means an entity in which more than 50 percent of the entity is owned--

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name.

The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

“Veteran-owned small business concern” means a small business concern--

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

“Women-owned small business concern” means a small business concern--

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; or

(2) Whose management and daily business operations are controlled by one or more women.

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

(b) (1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs __.

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

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

(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a small business concern.

(2) Veteran-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.) The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, ( ___ ) is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, ( ___ ) is not a women-owned small business concern.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that--

(i) It [ ___ ] is, [ ___ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ___ .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that--

(i) It [ ___ ] is, [ ___ ] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ___ -.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(8) Women-owned business concern (other than small business concern). (Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:

(10) HUBZone small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents, as part of its offer, that--

(i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, 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 (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror 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.

(d) Certifications and representations required to implement provisions of Executive Order 11246--

(1) Previous Contracts and Compliance. The offeror represents that--

(i) It ( ___ ) has, ( ___ ) has not, participated in a previous contract or subcontract subject either to the Equal Opportunity clause of this solicitation, the and

(ii) It ( ___ ) has, ( ___ ) has not, filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that--

(i) It ( ___ ) has developed and has on file, ( ___ ) has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR Subparts 60-1 and 60-2), or

(ii) It ( ___ ) has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American --Supplies, is included in this solicitation.)

(1) (i) The Offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product.

(ii) The Offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products.

(iii) The terms "domestic end product," "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Supplies."

(2) Foreign End Products:

Line item No. Country of origin

[List as necessary]

(3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.

(g)(1) Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act, is included in this solicitation.)

(i) (A) The Offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (iii) of this provision, is a domestic end product.

(B) The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American--Free Trade Agreements--Israeli Trade Act."

(ii) The Offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American--Free Trade Agreements--Israeli Trade Act."

Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:

(iii) The Offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American--Free Trade Agreements-- Israeli Trade Act." The Offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products.

Other Foreign End Products:

(iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.

(2) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I (Jan 2004). If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled "Buy American -Free Trade Agreements-Israeli Trade Act":

Canadian End Products:

Line item No.

(3) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II (Jan 2004). If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act":

Canadian or Israeli End Products:

(4) Buy American--Free Trade Agreements--Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end…