W911KB22Q0014.pdf

W911KB22Q0014

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job

QUALITY ASSURANCE SAMPLE TESTING

FFP

PROFESSIONAL SERVICES: PROVIDE ALL LABOR, EQUIPMENT,

CORPS-APPROVED LABORATORY, MATERIALS AND ALL OTHER

REQUIREMENTS NECESSARY TO PERFORM LABORATORY QUALITY

ASSURANCE TESTING ON SAMPLES AS PER THE ATTACHED SCOPE OF

WORK.

FOB: Destination

NET AMT

STATEMENT OF WORK

Quality Assurance (QA) Testing and Support Services Various Locations, Alaska February 2022

SUMMARY

Contractor shall provide all labor, materials and equipment as required to accomplish construction quality assurance (QA) sampling, inspection, testing, and support services identified within this statement of work for various ongoing construction projects at various locations Alaska

Services will be performed on an as-needed basis at the direction of the Contracting Officer, with no minimum quantity of work guaranteed.

REQUIRED SERVICES

Work performed pursuant to this contract may include the following services: field sampling of construction materials to include soils, asphalt and concrete; field and/or laboratory fabrication of material test specimens; field and/or laboratory testing of construction materials or specimens;

material test evaluation and reporting; special inspection of steel construction; field surveying;

drafting of field survey data; field screening or collection of suspected contaminated soils;

laboratory testing of suspected contaminated soils; evaluation and reporting of contaminated soils testing results. The maximum value of survey services provided under this contract will be incidental to the overall contract amount.

DISCLOSURE

Contractor and any subcontractor(s) will function as independent technical advisors to the Government on matters relating to contractual compliance of third parties on multiple ongoing construction projects.

To prevent potential conflicts of interest, contractor and any subcontractor(s) shall submit written disclosure of ongoing or anticipated work related to USACE contracted construction projects. In the event that any party to this contract shall be found to have an existing or potential contractual relationship with a firm performing construction on USACE contracted construction projects during the period of this contract, the contractor shall provide at least one (1) additional subcontractor source for that service. No party to this contract shall perform testing, inspection, surveying, cost estimating or environmental sampling on any project for which they have contractual obligations to third parties.

QUALIFICATIONS

Contractor shall submit to the Contracting Officer proof of personnel and/or firm licensure, qualifications and certifications as specified in the following paragraphs.

Firms performing construction materials sampling, testing or analysis shall comply with the following standards and hold the following certifications:

o ASTM C1077 - Standard Practice for Laboratories Testing Concrete and Concrete Aggregates for Use in Construction and Criteria for Laboratory Evaluation o ASTM D3666 - Standard Specification for Minimum Requirements for Agencies Testing and Inspecting Road and Paving Materials o U.S. Army Corps of Engineers "validated laboratory" certification for each test procedure o American Association of State Highway and Transportation Officials (AASHTO) R18

Accreditation

Steel construction special inspectors shall be Municipality of Anchorage (MOA)-licensed special inspectors for steel and welding and shall comply with the requirements of section 1704 and 1705 of the 2015 International Building Code (IBC).

All surveying shall be performed under the responsible charge of a professional land surveyor licensed in the State of Alaska.

Laboratory evaluation of suspected contaminated soils shall be performed by an environmental laboratory possessing current ADEC certification under 18 AAC 78 and current ELAP accreditation for all analytical methods indicated herein.

TECHNICAL REQUIREMENTS

Construction Material Sampling, Testing and Inspection

Construction material sampling, specimen fabrication and testing services shall be performed in accordance with the most current versions of the following standards as applicable:

ASTM C31 - Standard Practice for Making and Curing Concrete Test Specimens in the Field ASTM C39 - Standard Test Method for Compressive Strength of Cylindrical Concrete

Specimens ASTM C42 - Standard Test Method for Obtaining and Testing Drilled Cores and

Sawed Beams of Concrete ASTM C78 - Standard Test Method for Flexural Strength of Concrete ASTM C88 - Standard Test Method for Soundness of Aggregates by Use of

Sodium Sulfate or Magnesium Sulfate ASTM C117 - Standard Test Method for Materials Finer than 75-µm (No. 200)

Sieve in Mineral Aggregates by Washing ASTM C123 - Standard Test Method for Lightweight Particles in Aggregate ASTM C127 - Standard Test Method for Density, Relative Density (Specific

Gravity), and Absorption of Coarse Aggregate ASTM C128 - Standard Test Method for Density, Relative Density (Specific

Gravity), and Absorption of Fine Aggregate ASTM C131 - Standard Test Method for Resistance to Degradation of Small-Size

Coarse Aggregate by Abrasion and Impact in the Los Angeles Machine ASTM C136 - Standard Test Method for Sieve Analysis of Fine and Coarse Aggregates ASTM C138 - Standard Test Method for Density (Unit Weight), Yield, and Air Content

(Gravimetric) of Concrete ASTM C142 - Standard Test Method for Clay Lumps and Friable Particles in Aggregates ASTM C143 - Standard Test Method for Slump of Hydraulic-Cement Concrete ASTM C172 - Standard Practice for Sampling Freshly Mixed Concrete ASTM C173 - Standard Test Method for Air Content of Freshly Mixed Concrete by the Volumetric Method ASTM C174 - Standard Test Method for Measuring Thickness of Concrete

Elements Using Drilled Concrete Cores ASTM C183 - Standard Practice for Sampling and the Amount of Testing of

Hydraulic Cement ASTM C192 - Standard Practice for Making and Curing Concrete Test Specimens in the

Laboratory ASTM C231 - Standard Test Method for Air Content of Freshly Mixed

Concrete by the Pressure Method ASTM C535 - Standard Test Method for Resistance to Degradation of Large-

Size Coarse Aggregate by Abrasion and Impact in the Los Angeles Machine ASTM C566 - Standard Test Method for Total Evaporable Moisture Content of

Aggregate by Drying ASTM C1064 - Standard Test Method for Temperature of Freshly Mixed Hydraulic-Cement

Concrete ASTM C1252 - Standard Test Methods for Uncompacted Void Content of Fine Aggregate ASTM D75 - Standard Practice for Sampling Aggregates ASTM D698 – Standard Test Method for Laboratory Compaction Characteristics of Soil Using Standard Effort (12,400 ft-lbf/cu. ft. (600 kN-m/cu. m.)) ASTM D979 - Standard Practice for Sampling Bituminous Paving Mixtures ASTM D1140 - Standard Test Methods for Determining the Amount of Material

Finer than 75-µm (No. 200) Sieve in Soils by Washing ASTM D1461 - Standard Test Method for Moisture or Volatile Distillates in

Asphalt Mixtures ASTM D1556 - Standard Test Method for Density and Unit Weight of Soil in

Place by Sand-Cone Method ASTM D1557 - Standard Test Methods for Laboratory Compaction

Characteristics of Soil Using Modified Effort ASTM D2041 – Theoretical Maximum Specific Gravity and Density of

Bituminous Paving Mixtures ASTM D2166 - Standard Test Method for Unconfined Compressive Strength of

Cohesive Soil ASTM D2167 - Standard Test Method for Density and Unit Weight of Soil in

Place by the Rubber Balloon Method ASTM D2172 - Standard Test Methods for Quantitative Extraction of Asphalt

Binder from Asphalt Mixtures ASTM D2216 Stand Test Method for Laboratory Determination of Water

(Moisture) Content of Soil and Rock by Mass ASTM D2487 - Standard Practice for Classification of Soils for Engineering

Purposes (Unified Soil Classification System) ASTM D2726 - Standard Test Method for Bulk Specific Gravity and Density of

Non-Absorptive Compacted Bituminous Mixtures ASTM D2950 - Standard Test Method for Density of Bituminous Concrete in

Place by Nuclear Methods ASTM D3203 - Standard Test Method for Percent Air Voids in Compacted

Dense and Open Bituminous Paving Mixtures ASTM D3549 - Standard Test Method for Thickness or Height of Compacted

Bituminous Paving Mixture Specimens ASTM D3665 - Standard Practice for Random Sampling of Construction

Materials ASTM D4125 - Standard Test Method for Asphalt Content of Bituminous

Mixtures by the Nuclear Method ASTM D4318 - Standard Test Method for Liquid Limit, Plastic Limit, and Plasticity Index of

Soils ASTM D4380 - Standard Test Method for Density of Bentonitic Slurries ASTM D4791 - Standard Test Method for Flat Particles, Elongated Particles, or

Flat and Elongated Particles in Coarse Aggregate ASTM D4832 - Standard Test Method for Preparation and Testing of Controlled

Low Strength Material (CLSM) Test Cylinders ASTM D5084 - Standard Test Methods for Measurement of Hydraulic

Conductivity of Saturated Porous Materials Using a Flexible Wall Permeameter

ASTM D5240 - Standard Test Method for Evaluation of the Durability of Rock for Erosion Control Using Sodium Sulfate or Magnesium Sulfate

ASTM D5312 - Evaluation of Durability of Rock for Erosion Control Under Freezing and Thawing Conditions

ASTM D5313 - Evaluation of Durability of Rock for Erosion Control Under Wetting and Drying Conditions

ASTM D5361 - Standard Practice for Sampling Compacted Asphalt Mixtures for Laboratory Testing

ASTM D5444 - Standard Test Method for Mechanical Size Analysis of Extracted Aggregate ASTM D5821 - Standard Test Method for Determining the Percentage of Fractured

Particles in Coarse Aggregate ASTM D6307 - Standard Test Method for Asphalt Content of Hot-Mix Asphalt by Ignition

Method ASTM D6473 - Standard Test Method for Specific Gravity and Absorption of Rock for

Erosion Control ASTM D6926 - Standard Practice for Preparation of Bituminous Specimens Using Marshall

Apparatus ASTM D6927 - Standard Test Method for Marshall Stability and Flow of Bituminous Mixtures ASTM D6938 - Standard Test Method for In-Place Density and Water Content of Soil and Soil- Aggregate by Nuclear Methods (Shallow Depth)

Special Inspection of Steel Construction

Special inspection of steel construction shall be performed in accordance with section 1705.2 of the 2018 International Building Code (IBC) and referenced standards therein. Special inspection work performed under this contract is intended as a supplementary quality assurance measure and is not intended to fulfill all IBC special inspection requirements.

Surveying

Surveying work will include field work as required to determine elevations, locations and arrangement of new or existing pavements, utilities, boundaries and/or structures. Results of field surveys shall be drafted and transmitted to the Government as described herein.

Environmental Screening, Sampling and Analysis

Environmental services will include field screening of soils for volatile organic compound (VOC), polychlorinated biphenyl (PCB), or organochlorine pesticide contamination, Per- and Polyfluoroalkyl Substances and field collection of soil samples for laboratory analysis, and laboratory analysis of soil samples.

Field screening for VOCs shall be performed using the headspace analytical screening procedure of Alaska DEC's Guidance for Treatment of Petroleum-Contaminated Soil and Water and Standard Sampling Procedures. Laboratory analysis of soil samples shall be performed using one or more of the following analytical methods, as required by the Contracting Officer:

o Alaska DEC Method AK101 - Gasoline Range Organics o Alaska DEC Method AK102 - Diesel Range Organics o Alaska DEC Method AK103 - Residual Range Organics o U.S. Environmental Protection Agency (EPA) SW-846 Method 8260D - Volatile

Organic Compounds by Gas Chromatography/Mass Spectrometry o U.S. EPA SW-846 Method 8082A - Polychlorinated Biphenyls (PCBs) by Gas

Chromatography o U.S. EPA SW-846 Method 8081B - Organochlorine Pesticides by Gas Chromatography o U.S. EPA SW-846 Method 6020B - Inductively Coupled Plasma - Mass Spectrometry o U.S. EPA SW-846 Method 8270E - Semivolatile Organic Compounds by Gas

Chromatography/ Mass Spectrometry o U.S. EPA Draft Method 1633 – Analysis of Per- and Polyfluoroalkyl Substances

(PFAS) in Aqueous, Solid, Biosolids, and Tissue Samples by LC-MS/MS

OTHER TESTS

Other tests may be required that are not listed above. These tests may be requested on a case-by-case basis and prices negotiated on individual BPA Calls.

DOCUMENT REPRODUCTION

Where project drawings or specifications are required by the Contractor to facilitate testing or inspection services, the Government will provide electronic files to the Contractor. The Contractor shall be responsible for any printing of hard-copy documents required to complete the work.

DELIVERABLES

Unless otherwise noted, written results from field testing and inspections shall be provided to the Government within 24 hours of the completion of the test or inspection. Exceptions will include concrete slump testing (per ASTM C143), concrete air content (per ASTM C231), soil density (per ASTM D6938) and asphalt density (per ASTM D2950), results of which shall be provided on the day of testing. Environmental laboratory analysis results shall be completed with a 24-hour turnaround. All testing or inspection reports shall include, as a minimum and where applicable: the name or names of personnel performing the sampling, inspection or testing; mobilization start and finish times; a list of equipment used to include description and model/serial numbers; current equipment calibration certificate; a description of the location at which samples were taken or inspections performed; identification of the test, sampling or inspection performed (include reference to ASTM or other standards and procedures); and results of the test or inspection to include evaluation of compliance or non-compliance with code, standard or contractual requirements.

Results of all surveys shall be provided to the Government within three (3) calendar days of the completion of field work. Provide digital files in Adobe Portable Document Format (PDF) and AutoCAD 2018 or later .DWG format.

PERFORMANCE LOCATION

All project sites are in the State of Alaska. Contractor and all personnel must comply with applicable regulations as required to gain access to the installation for performance of the work.

SCHEDULING

Work under this contract may be scheduled to occur seven days a week including federal holidays.

The Government will provide 24 hours minimum advance notice of required work.

MEASUREMENT AND PAYMENT

All tasks will be payable on a unit price basis using the rate schedule attached to this Statement of Work. The quantities listed in the rate schedule are estimated, not-to-exceed (NTE) values only.

The Government reserves the right to award tasks up to the listed quantities with no minimum amount of work guaranteed.

All field work (to include construction material sampling, steel construction special inspection, environmental sampling and field surveying) shall be measured on an hourly basis in increments of one (1) hour, with a minimum quantity of four (4) hours per mobilization.

Contract administration, drafting shall be measured on an hourly basis in increments of one (1) hour, with a minimum quantity of one (1) hour per occurrence.

Laboratory work, to include material specimen fabrication, material tests, and laboratory analysis of contaminated soils shall be measured on a per-test basis.

PERFORMANCE PERIOD

The period of performance for this contract shall consist of a five year base to be utilized by the Government based on need and availability of funding. Pior to the yearly anniversary of the date of award, the contractor shall submit a revised Rate Schedule to be reviewed and approved for use the following year.

RATES SCHEDULE – YEARS XX

(Effective XXXXX through XXXXX)

QUALITY ASSURANCE (QA) TESTING AND SUPPORT SERVICES

VARIOUS LOCATIONS, ALASKA

Item No. Description Estimate

Quantity UOM Unit Price Amount

0001 Contract administration (including scheduling, coordination, invoicing, correspondence and recordkeeping)

96 Hours

0002 On-site material testing technician time (material sampling, field specimen fabrication, and on-site material tests)

350 Hours

0003 On-site environmental technician time (field screening ofsoils and sample collection)

80 Hours

0004 On-site special inspector time 200 Hours 0005 On-site survey technician time 80 Hours 0006 Survey drafting technician time 40 Hours

0007 ASTM C39 30 EA

0008 ASTM C42 10 EA

0009 ASTM C78 30 EA

0010 ASTM C88 30 EA

0011 ASTM C117 30 EA

0012 ASTM C123 30 EA

0013 ASTM C127 30 EA

0014 ASTM C128 30 EA

0015 ASTM C131 30 EA

0016 ASTM C136 30 EA

0017 ASTM C138 30 EA

0018 ASTM C142 30 EA

0019 ASTM C173 30 EA

0020 ASTM C174 30 EA

0021 ASTM C231 30 EA

0022 ASTM C535 30 EA

0023 ASTM C566 30 EA

0024 ASTM C1064 30 EA

0025 ASTM C1252 30 EA

0026 ASTM D698 30 EA

0027 ASTM D1140 30 EA

0028 ASTM D1461 30 EA

0029 ASTM D1556 30 EA

0030 ASTM D1557 50 EA

0031 ASTM D2041 50 EA

0032 ASTM D2166 30 EA

0033 ASTM D2167 30 EA

0034 ASTM D2172 30 EA

0035 ASTM D2216 30 EA

0036 ASTM D2487 50 EA

0037 ASTM D2726 50 EA

0038 ASTM D2950 100 EA

0039 ASTM D3203 30 EA

0040 ASTM D3549 60 EA

0041 ASTM D4125 30 EA

0042 ASTM D4318 10 EA

0043 ASTM D4380 30 EA

0044 ASTM D4791 30 EA

0045 ASTM D4832 30 EA

0046 ASTM D5084 30 EA

0047 ASTM D5240 20 EA

0048 ASTM D5312 20 EA

0049 ASTM D5313 20 EA

0050 ASTM D5444 30 EA

0051 ASTM D5821 30 EA

0052 ASTM D6307 30 EA

0053 ASTM D6473 20 EA

0054 ASTM D6926 20 EA

0055 ASTM D6927 20 EA

0056 ASTM D6938 50 EA

0057 Laboratory test

DEC AK101

30 EA

0058 Laboratory test

DEC AK102

30 EA

0059 Laboratory test

DEC AK103

30 EA

0060 Laboratory test EPA SW-846 Method 8260D

30 EA

0061 Laboratory test EPA SW-846 Method 8082A

30 EA

0062 Laboratory test EPA SW-846 Method 8081B

30 EA

0063 Laboratory test EPA SW-846 Method 6020B

30 EA

0064 Laboratory test EPA SW-846 Method 8270E

30 EA

0065 Laboratory test EPA Draft Method 1633

30 EA

Total of Items 0001 through 0065

END OF SCHEDULE

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 N/A N/A N/A N/A

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

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management JUL 2013 52.204-13 System for Award Management Maintenance OCT 2018 52.204-21 Basic Safeguarding of Covered Contractor Information

Systems

JUN 2016

52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7005 Representation Relating to Compensation of Former DoD Officials

NOV 2011

252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019 252.204-7004 Alt A System for Award Management Alternate A FEB 2014 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

DEC 2019

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

DEC 2019

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

JUN 2012

252.232-7010 Levies on Contract Payments DEC 2006 252.244-7000 Subcontracts for Commercial Items JUN 2013

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)

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 the provision at 52.204-26, Covered Telecommunications Equipment or Services--Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items.

(a) Definitions. As used in this provision-

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

(b) Prohibition.

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

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

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

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

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

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

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

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

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

(d) Representations. The Offeror represents that--

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

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

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

(e) Disclosures.

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

(End of provision)

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (SEP 2021)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees if the acquisition--

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

(2) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

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

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitation.

Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers:

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers.

Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation.

(1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC 20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision.

Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST (https://assist.dla.mil/online/start/).

(ii) Quick Search (http://quicksearch.dla.mil/).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--

(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone

(215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Unique entity identifier. (Applies to all offers that exceed the micro-purchase threshold, and offers at or below the micro-purchase threshold if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) Reserved.

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Offers will be technically evaluated in accordance with the requirements set forth in the Performance Work Statement. Award will be made to technically acceptable offers. The Government reserves the right to make award on the initial offer received without discussions.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

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…