W15QKN-22-R-5035 SOLICITATION (released).pdf

SEE ADDENDUM

(No Collect Calls)

W15QKN22R5035 11-Apr-2022

b. TELEPHONE NUMBER

609-562-2485

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 25 Apr 2022

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 X 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

JASMYNE C. PETERSON

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

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

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

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

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

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 W15BB9 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

USASA DPTMS - FORT DIX RANGE COMPLEX

MICHAEL HOWELL

BLDG 9013 RANGE ROAD

FORT DIX NJ 08640

TEL: (609) 562-4552 FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$16,500,000

NAICS:

621910

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

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

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF85

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.

W15QKN22R5035

Section SF 30 - BLOCK 14 CONTINUATION PAGE

INSTRUCTION TO OFFERORS

THIS REQUIREMENT IS SOLICITED AS A 100% SMALL BUSINESS SET-ASIDE

THIS REQUIREMENT IS SUBJECT TO THE AVAILABILITY OF FUNDS

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6 and 13.5, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are requested and a written solicitation will not be issued.

1. The purpose of this solicitation is to procure ambulance support services on behalf of the United States Army Support Activity (USASA), Directorate of Plans, Training, Mobilization and Security (DPTMS). The USASA – DPTMS requires New Jersey state and federal certification Emergency Medical Technician - Basic (EMT-B) certified EMT personnel for a full range of emergency response and patient transport ambulance services required for Government authorized recipients of military health care and their beneficiaries, 24 hours a day, seven days a week to be performed at the Fort Dix Range Complex located at 9013 Range Rd., JB MDL, NJ 08640.

2. The Government intends to award a single, firm-fixed-price (FFP) contract. The period of performance for this effort shall consist of a 12-month base period and four, 12-month option periods from date of contract award.

3. The Offeror must be registered in the System for Award Management (SAM) in order to be eligible to receive a Department of Defense contract award. If you need to register in SAM, go to www.SAM.gov.

4. See Federal Acquisition Regulation (FAR) Clause 52.212-1, "Instructions to Offerors -- Commercial Items" and FAR 52.212-1, Addendum for additional information.

5. See FAR Clause 52.212-2, "Evaluation -- Commercial Items" and FAR 52.212-2, Addendum for basis of award, evaluation criteria and additional information.

6. A Site Visit is available upon request. All requests shall be submitted via email to the Contract Specialist at Jasmyne.C.Peterson.civ@army.mil and the Contracting Officer Representative listed below no later than 10:00AM EST on WEDNESDAY, 16 MARCH, 2022. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

7. All questions regarding this solicitation shall in writing and submitted via email to Jasmyne Peterson, Contract Specialist at Jasmyne.C.Peterson.civ@army.mil and Julie Cameron, Contracting Officer at Julia.A.Cameron.civ@army.mil no later than 10:00AM EST on FRIDAY, 18 MARCH 2022. The questions will be answered all at once and uploaded to the Contract Opportunities website (www.SAM.gov) posting after the question period has closed.

8. COMPLETING A QUOTE FOR SUBMITTAL

a. Proposals are due no later than the date and time listed in Block 8 and shall be submitted via email to:

Jasmyne Peterson, Contract Specialist at Jasmyne.C.Peterson.civ@army.mil and Julie Cameron, Contracting Officer at Julia.A.Cameron.civ@army.mil. Updates to this solicitation will be posted on the Contract Opportunities website at www.SAM.gov.

b. The Offeror shall provide the name, title, address, email address and telephone number of the company/division point of contact regarding business decisions made with respect to the proposal and who can contractually obligate the company.

c. The Offeror shall submit a price for each firm-fixed-price Contract Line Item Number for the base period and option periods on the Standard Form (SF) 1449 Continuation Sheets of the solicitation. The Government maintains a tax-exempt status.

d. The Offeror shall submit a signed SF1449 (Pg.1, Block 30a. Signature of Offeror/Contractor). The Offeror is required to complete blocks 17, 30a, 30b and 30c of the SF1449. In doing so, the Offeror accedes to the contract terms and conditions as written in the solicitation.

e. Pricing for each CLIN must be submitted in the proper format. The proper format consists of QUANTITY * UNIT PRICE = AMOUNT/NET AMOUNT. In the event there is a discrepancy in the calculation, the UNIT PRICE will be held to the intended price multiplied by the QUANTITY. If the offeror shows only the AMOUNT/NET AMOUNT, but fails to enter a UNIT PRICE, the AMOUNT/NET AMOUNT divided by the QUANTITY will be held to be the intended price.

f. The Offeror shall provide proof of Valid Certificate of Insurance in accordance with FAR 52.228-5, “Insurance – Work on a Government Installation” and “Required Insurance.”

9. All services shall be performed in accordance with the Performance Work Statement (PWS).

10. See attachment “Technical Exhibit 1” for a list of Government Furnished Property.

11. Offerors shall complete attachment, Standard Form LLL, “Disclosure of Lobbying Activities” if applicable.

12. All offers shall remain valid for 120 calendar days.

13. Attachments:

GFP - Technical Exhibit 1 Standard Form LLL - Disclosure of Lobbying Activities Performance Work Statement dated 12 February 2021 “ Range Ambulance Service Wage Determination 2015-4191 Rev 18 dated March 15 2022

ADDENDUM TO CLAUSE 52.212-2

Basis of Award

1. General:

a. The Government intends to make a single award as a result of this Request for Proposal (RFP). The basis for award of the resulting contract from this solicitation will be the result of the evaluation of the factors specified in the solicitation utilizing the Lowest Priced Technically Acceptable (LPTA) source selection methodology. Award will be made based on the lowest priced technically acceptable offer which meets or exceeds the technical requirements. By submission of its offer, the Offeror accedes to all solicitation requirements.

b. Each responsive Offeror will be evaluated against the evaluation criteria to determine whether the Offeror has the technical expertise to successfully complete the work outlined in the Performance Work Statement (PWS). The Government intends to award without discussions as described in FAR 52.212-1(g). The factors to be evaluated are Technical, Past Performance, and Price.

c. The Government will assign a rating of Acceptable or Unacceptable for all the non-price factors. In order to be considered for award, there must be an Acceptable rating in every non-price factor. A proposal receiving a rating of “Unacceptable” in any non-price factor or subfactor will not be eligible for award.

2. Evaluation Approach

a. Evaluation factors are:

1. Technical:

2. Past Performance

3. Price

b. These factors will be evaluated separately as specified below:

1. Technical:

a. Subfactor 1 - The contractor shall provide experience and EMT-B Certification for Project Manager as part of technical proposal. The Project Manager shall be NJ EMT-B certified, as a minimum, with at least one year experience. In order to be considered “acceptable,” the Contractor must provide Project Manager experience that shows at least one year, and NJ EMT- B certification. Reciprocity for out of state EMT certification is available and must be applied for through the State of NJ in order to have out of state certification accepted and be issued NJ EMT certification. This would be the responsibility of the contractor.

b. Subfactor 2 - The contractor shall provide experience and EMT-B Certification for Emergency Medical Technicians as part of technical proposal. The Emergency Medical Technicians shall be NJ EMT-B certified, as a minimum, with at least one year experience. In order to be considered “acceptable,” the Contractor must provide Emergency Medical Technicians experience that shows at least one year, and NJ EMT-B certifications. Reciprocity for out of state EMT certification is available and must be applied for through the State of NJ in order to have out of state certification accepted and be issued NJ EMT certification. This would be the responsibility of the contractor.

c. Subfactor 3 - Property Management Plan: The Contractor shall submit Property Management Plan which describes how the Offeror plans to manage any Government Property that may currently be in their possession and/or may be provided as part of technical proposal. The Property Plan shall provide sufficient information to adequately address the Offeror’s ability to properly manage any Government Property provided under this contract. The Property Management Plan shall be submitted in accordance with the Use and Rental of Government Property clause in this Request for Proposal as well as section C.3 of the overarching PWS.

If the Property Management Plan does not meet the requirements of the Use and Rental of Government Property clause as well as section 3.0 of the overarching PWS, subfactor 3 will be considered technically unacceptable which will in turn result in the Technical Factor being evaluated as technically unacceptable.

d. Subfactor 4 - Quality Control/Quality Assurance Plan: The Contractor shall submit a Quality Control/Quality Assurance Plan as part of technical proposal which shall include, at a minimum:

• Contractor’s approach for conducting quality assurance;

• Identification of institutionalized Quality Assurance processes and procedures that ensure quality and safety;

• Processes and step-by-step procedures for the Quality Assurance, to include process improvement and identification of lessons learned.

If the Quality Control/Quality Assurance Plan does not meet the requirements above, subfactor 4 will be considered technically unacceptable which will in turn result in the Technical Factor being evaluated as technically unacceptable.

e. Technical Factor Ratings: The contents of the proposals to the Technical Factor/Sub- Factors will be evaluated to determine whether the requirements are satisfied. During evaluation of each proposal, the Government will assign the Technical subfactors a single adjectival rating of either Acceptable or unacceptable. The sub-factor ratings will then be rolled up for the overall Technical rating. A single unacceptable rating in any subfactor will result in an overall unacceptable rating for the Technical factor.

Table 1: TECHNICAL ACCEPTABLE/UNACCEPTABLE RATING METHOD

Adjectival Rating Description

Acceptable Proposal meets the requirements of the solicitation.

Unacceptable Proposal does not meet the requirements of the solicitation.

2. Past Performance:

a. The past performance evaluation will consider each Offeror’s demonstrated Recent and Relevant record of performance for similar efforts of equal or greater complexity supplying services that meet this solicitation’s requirements. A past performance rating of “Acceptable” or “Unacceptable” shall be assigned for each Offeror after evaluating the recent past performance, focusing on performance that is relevant to the Contract requirements.

b. The Government plans to rely on existing documentation from established systems to the maximum extent practicable. Sources of existing information available to the Government include, but are not limited to, Past Performance Information Retrieval System (PPIRS), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), or other databases. The Government may use past performance information obtained from other sources available to the Government, such as the Defense Contract Management Agency; and interviews with Program Managers, Contracting Officers, and Fee Determining Officials based on whether or not adequate recorded past performance information is available in its established systems.

c. For the purpose of evaluating proposals, the following definitions shall be utilized:

1. Recency Assessment: Recent contracts are defined as those contracts presently being performed or which have been performed during the past three (3) years from the date of issuance of this RFP. Past performance information that fails this condition will not be evaluated.

2. Relevancy Assessment: If the Government evaluators consider the Offeror’s past performance reference to be recent, then the Government will assess the relevancy of the referenced past performance Contract/Task Order. “Relevant” is defined as references demonstrating technical/management capabilities the same as or similar to those required to perform on this requirement. The past performance factor does not contain sub-factors.

Table 2: PAST PERFORMANCE

ACCEPTABLE/UNACCEPTABLE RATING METHOD

Rating Description

Acceptable*

Based on the Offeror’s performance record, the Government has a reasonable expectation that the Offeror will successfully perform the required effort, or the Offeror’s performance record is unknown (see note below).

Unacceptable Based on the Offeror’s performance record, the Government does not have a reasonable expectation that the Offeror will be able to successfully perform the required effort.

Note: In the case of an Offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the Offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305(a)(2)(iv)). Therefore, the Offeror shall be determined to have unknown (or “neutral”) past performance. In the context of acceptability/unacceptability, “unknown” shall be considered “Acceptable.”

Additionally, an unacceptable past performance will be considered any information that supports a less than satisfactory rating from sources where the information is from informal rating systems such as “PPIRS” or “FAPPIS.”

3. Price: The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement.

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 5 Days Ambulance Service - Phase In:

FFP

Ambulance Service - Phase In: The Contractor shall review the inventory list and all GFP and provide a list of required material and/or any discrepancies to the COR within five business days from date of award. The Contractor shall work with the incumbent in a professional manner. The Contractor shall accept total responsibility for all operations required by this contract at the conclusion of the five business day phase in process and shall be ready to perform. The Contractor shall submit in writing to the Contracting Officer and the Contracting Officer Representative (COR) at the Pre-Performance Conference, the appointment of the Project Manager to include a copy of EMT-B, New Jersey State certification. The Pre-Performance Conference will be held during the phase in period.

FOB: Destination

NET AMT

0002 360 Days Ambulance Service - Base Year:

FFP

Ambulance Service - Base Year: The Contractor shall provide New Jersey State certification Emergency Medical Technician - Basic (EMT-B)certified Emergency Medical Technician (EMT) personnel for emergency response and patient transport services required for Government beneficiaries, 24 hours a day, every day. Provide full emergency patient transport services at the Fort Dix Range Complex, Fort Dix, NJ. The Contractor shall provide services to authorized recipients of military health care as provided by Chapter 13 of Army Regulation (AR) 40-3 Emergency Medical Services.

0003 365 Days OPTION Ambulance Service - OY1:

FFP

Ambulance Service - OY1: The Contractor shall provide New Jersey State certification Emergency Medical Technician - Basic (EMT-B)certified Emergency Medical Technician (EMT) personnel for emergency response and patient transport services required for Government beneficiaries, 24 hours a day, every day. Provide full emergency patient transport services at the Fort Dix Range Complex, Fort Dix, NJ. The Contractor shall provide services to authorized recipients of military health care as provided by Chapter 13 of Army Regulation (AR) 40-3 Emergency Medical Services.

0004 365 Days OPTION Ambulance Service - OY2:

FFP

Ambulance Service - OY2: The Contractor shall provide New Jersey State certification Emergency Medical Technician - Basic (EMT-B)certified Emergency Medical Technician (EMT) personnel for emergency response and patient transport services required for Government beneficiaries, 24 hours a day, every day. Provide full emergency patient transport services at the Fort Dix Range Complex, Fort Dix, NJ. The Contractor shall provide services to authorized recipients of military health care as provided by Chapter 13 of Army Regulation (AR) 40-3 Emergency

0005 365 Days OPTION Ambulance Service - OY3:

FFP

Ambulance Service - OY3: The Contractor shall provide New Jersey State certification Emergency Medical Technician - Basic (EMT-B)certified Emergency Medical Technician (EMT) personnel for emergency response and patient transport services required for Government beneficiaries, 24 hours a day, every day. Provide full emergency patient transport services at the Fort Dix Range Complex, Fort Dix, NJ. The Contractor shall provide services to authorized recipients of military health care as provided by Chapter 13 of Army Regulation (AR) 40-3 Emergency

0006 365 Days OPTION Ambulance Service - OY4:

FFP

Ambulance Service - OY4: The Contractor shall provide New Jersey State certification Emergency Medical Technician - Basic (EMT-B)certified Emergency Medical Technician (EMT) personnel for emergency response and patient transport services required for Government beneficiaries, 24 hours a day, every day. Provide full emergency patient transport services at the Fort Dix Range Complex, Fort Dix, NJ. The Contractor shall provide services to authorized recipients of military health care as provided by Chapter 13 of Army Regulation (AR) 40-3 Emergency

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 0006 N/A N/A N/A Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 17-JUN-2022 TO

22-JUN-2022

N/A USASA DPTMS - FORT DIX RANGE

COMPLEX

MICHAEL HOWELL

BLDG 9013 RANGE ROAD

FORT DIX NJ 08640

(609) 562-4552

W15BB9

0002 POP 23-JUN-2022 TO

22-JUN-2023

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 23-JUN-2023 TO

22-JUN-2024

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 23-JUN-2024 TO

22-JUN-2025

N/A (SAME AS PREVIOUS LOCATION)

0005 POP 23-JUN-2025 TO

22-JUN-2026

N/A (SAME AS PREVIOUS LOCATION)

0006 POP 23-JUN-2026 TO

22-JUN-2027

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 52.203-11 Certification And Disclosure Regarding Payments To

Influence Certain Federal Transactions

SEP 2007

52.203-12 Limitation On Payments To Influence Certain Federal Transactions

JUN 2020

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights

JUN 2020

52.203-18 Prohibition on Contracting With Entities That Require Certain Internal Confidentiality Agreements or Statements-- Representation

JAN 2017

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 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-22 Alternative Line Item Proposal JAN 2017 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

DEC 2021

52.212-1 Instructions to Offerors--Commercial Products and Commercial Services

DEC 2021

52.212-2 Evaluation - Commercial Items DEC 2021 52.212-4 Contract Terms and Conditions--Commercial Products and

Commercial Services

DEC 2021

52.217-5 Evaluation Of Options JUL 1990 52.219-6 Notice Of Total Small Business Set-Aside NOV 2020 52.219-28 Post-Award Small Business Program Rerepresentation SEP 2021 52.222-22 Previous Contracts And Compliance Reports FEB 1999 52.222-55 Minimum Wages for Contractor Workers Under Executive

Order 14026

JAN 2022

52.223-1 Biobased Product Certification MAY 2012 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

SEP 2013

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

AUG 2018

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications.

JUN 2020

52.228-5 Insurance - Work On A Government Installation JAN 1997 52.232-1 Payments APR 1984 52.232-2 Payments Under Fixed-Price Research And Development

Contracts

APR 1984

52.232-8 Discounts For Prompt Payment FEB 2002 52.232-11 Extras APR 1984 52.232-18 Availability Of Funds APR 1984 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2021

52.233-1 Disputes MAY 2014 52.237-1 Site Visit APR 1984 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.242-13 Bankruptcy JUL 1995 52.242-15 Stop-Work Order AUG 1989 52.242-17 Government Delay Of Work APR 1984 52.245-1 Government Property SEP 2021 52.245-2 Government Property Installation Operation Services APR 2012 52.246-4 Inspection Of Services--Fixed Price AUG 1996 52.246-25 Limitation Of Liability--Services FEB 1997 52.247-34 F.O.B. Destination NOV 1991

252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7006 Billing Instructions OCT 2005 252.204-7007 Alternate A, Annual Representations and Certifications MAY 2021 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

DEC 2019

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

MAY 2016

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

JAN 2021

252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Country that is a State Sponsor of Terrorism

MAY 2019

252.211-7007 Reporting of Government-Furnished Property MAR 2022 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.225-7012 Preference For Certain Domestic Commodities MAR 2022 252.225-7048 Export-Controlled Items JUN 2013 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 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JAN 2021 252.245-7001 Tagging, Labeling, and Marking of Government-Furnished

Property

APR 2012

252.245-7002 (Dev) Reporting Loss of Government Property (DEVIATION 2020- O0004)

JAN 2021

252.245-7003 Contractor Property Management System Administration APR 2012 252.245-7004 Reporting, Reutilization, and Disposal DEC 2017 252.247-7023 Transportation of Supplies by Sea FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (AUG 2020)

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

Commercial and Government Entity (CAGE) code means—

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

(b) The Offeror shall provide its CAGE code with its offer with its name and location address or otherwise include it prominently in its proposal. The CAGE code must be for that name and location address. Insert the word "CAGE" before the number. The CAGE code is required prior to award.

(c) CAGE codes may be obtained via--

(1) Registration in the System for Award Management (SAM) at www.sam.gov. If the Offeror is located in the United States or its outlying areas and does not already have a CAGE code assigned, the DLA Commercial and Government Entity (CAGE) Branch will assign a CAGE code as a part of the SAM registration process. SAM registrants located outside the United States and its outlying areas shall obtain a NCAGE code prior to registration in SAM (see paragraph (c)(3) of this provision).

(2) The DLA Commercial and Government Entity (CAGE) Branch. If registration in SAM is not required for the subject procurement, and the Offeror does not otherwise register in SAM, an Offeror located in the United States or its outlying areas may request that a CAGE code be assigned by submitting a request at https://cage.dla.mil.

(3) The appropriate country codification bureau. Entities located outside the United States and its outlying areas may obtain an NCAGE code by contacting the Codification Bureau in the foreign entity's country if that country is a member of NATO or a sponsored nation. NCAGE codes may be obtained from the NSPA at https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx if the foreign entity's country is not a member of NATO or a sponsored nation. Points of contact for codification bureaus, as well as additional information on obtaining NCAGE codes, are available at http://www.nato.int/structur/AC/135/main/links/contacts.htm.

(d) Additional guidance for establishing and maintaining CAGE codes is available at https://cage.dla.mil.

(e) When a CAGE code is required for the immediate owner and/or the highest-level owner by Federal Acquisition Regulation (FAR) 52.204-17 or 52.212-3(p), the Offeror shall obtain the respective CAGE code from that entity to supply the CAGE code to the Government.

(f) Do not delay submission of the offer pending receipt of a CAGE code.

(g) If the solicitation includes FAR clause 52.204-2, Security Requirements, a subcontractor requiring access to classified information under a contract shall be identified with a CAGE code on the DD Form 254. The Contractor shall require a subcontractor requiring access to classified information to provide its CAGE code with its name and location address or otherwise include it prominently in the proposal. Each location of subcontractor performance listed on the DD Form 254 is required to reflect a corresponding unique CAGE code for each listed location unless the work is being performed at a Government facility, in which case the agency location code shall be used. The CAGE code must be for that name and location address. Insert the word "CAGE" before the number. The CAGE code is required prior to award.

(End of Provision)

52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (AUG 2020)

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

Commercial and Government Entity (CAGE) code means—

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

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.

(b) The Offeror represents that it [ ___ ] has or [ ___ ] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (c) and if applicable, paragraph (d) of this provision for each participant in the joint venture.

(c) If the Offeror indicates ``has'' in paragraph (b) of this provision, enter the following information:

Immediate owner CAGE code:

Immediate owner legal name: ___

(Do not use a ``doing business as'' name)

Is the immediate owner owned or controlled by another entity?:

[ ___ ] Yes or [ ___ ] No.

(d) If the Offeror indicates ``yes'' in paragraph (c) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:

Highest-level owner CAGE code:

Highest-level owner legal name:

(Do not use a ``doing business as'' name)

(End of provision)

52.204-20 Predecessor of Offeror (AUG 2020)

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

Commercial and Government Entity (CAGE) code means--

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

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

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.

(b) The Offeror represents that it [____] is or [____] is not a successor to a predecessor that held a Federal contract or grant within the last three years.

(c) If the Offeror has indicated “is” in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):

Predecessor CAGE code: ____ (or mark “Unknown”).

Predecessor legal name: ____.

(Do not use a “doing business as” name).

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-- Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

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

(d) Representations. The Offeror represents that--

(1) It [ ___ ] will, [ ___ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--

It [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

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

2020)

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

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

(c) Representations.

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

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

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A

FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that--

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (NOV 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…