W911XK20Q0009 Conformed Solicitation 27 April 20.pdf

SEE ADDENDUM

(No Collect Calls)

W911XK20Q0009 31-Mar-2020

b. TELEPHONE NUMBER

313.226.3189

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 30 Apr 2020

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA 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.

W911XK9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

EMERY MOSER

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

W56MES00566581

ARE NOT ATTACHED

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

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

U.S.ARMY ENGINEER DISTRICT, DETROIT

477 MICHIGAN AVENUE, 7TH FLOOR

DETROIT MI 48226-4523

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 965411 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

SOO AREA OFFICE

KEVIN SPRAGUE

312 PORTAGE AVENUE

SAULT STE. MARIE MI 49783-2445

TEL: FAX:

FAX:

TEL: (313) 226-6819 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$8,000,000

NAICS:

562998

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 OF53

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.

W911XK20Q0009

Section SF 1449 - CONTINUATION SHEET

INSTRUCTIONS TO OFFERORS

1. REQUESTS FOR INFORMATION

A. Questions/Inquiries. All questions pertaining to this requirement shall be submitted in writing no later than, 15 April 2020, 10:00 A.M. EST. The offeror shall put the solicitation number located in Block 1 of the SF 1442 followed by QUESTIONS in the subject line of the email. All questions received after the above date and time WILL NOT BE ANSWERED.

B. Questions shall be submitted to Emery Moser, Contract Specialist at Emery.S.Moser@usace.army.mil and

Derek S. Gibson, Contracting Officer at Derek.S.Gibson@usace.army.mil.

C. Once all inquiries are compiled and addressed, the questions and answers will be generated as an amendment and posted to the beta.sam.gov website for all interested parties to view/acknowledge to be sent in with their submission prior to the closing date. If additional time is needed for submission, this extension will be executed on the same amendment as the questions and answers amendment.

2. SUBMISSION OF QUOTES/PROPOSALS

A. All offerors are reminded to complete and submit with your quote all FAR and DFARS Provisions related to Representations and Certifications.

B. Offerors shall complete and submit any additional full text certifications that are included in the solicitation. An offeror may also complete the certifications at https://www.sam.gov in lieu of completing the representations and certifications in this solicitation provided that all the FAR and DFARS certifications contained in the solicitation have been completed on line.

C. All offerors shall be registered at https://www.sam.gov with the NAICS code that is shown on the front page of the solicitation prior to award.

D. Remember to fill in and sign the Standard Form 1449, from the front of the Solicitation, before submission.

E. Quotes/Proposals must be received by the date and time indicated in Block 13 at the front page of the Solicitation.

F. Submit all documents to the Contract Specialist at Emery.S.Moser@usace.army.mil, Contracting Officer at Derek.S.Gibson@usace.army.mil, and Contracting inbox at LRE-Proposal@usace.army.mil.

3. OTHER OFFERS NOT ACCEPTED

Submittal of quote/proposal information by other electronic means; i.e. other website, text message, or similar means will not be accepted. Hand carried delivery or USPS/UPS/FEDEX delivery of hard copies and or CD- ROMs are not authorized. Facsimile submission is not authorized.

4. AMENDMENTS

Acknowledgement of each amendment must be made in the space provided on the SF 1449, or by returning a signed copy of the amendment by the time set for receipt of offers to the personnel identified in 1 and 2 above.

Explanations or instructions given in a form other than an amendment to the solicitation shall not be binding.

For security reasons; all potential Offerors, plan rooms and printing companies are required to register in SAM at www.sam.gov.

SCOPE OF WORK

STATEMENT OF WORK FOR FUEL TANK CLEANING & INSPECTION SERVICES

U.S. ARMY CORPS OF ENGINEERS, DETROIT DISTRICT

1. GENERAL REQUIREMENTS:

The U.S. Army Corps of Engineers (USACE) is seeking to establish a contract with the purpose of procuring services to perform the inspection, cleaning, and disposal of generated waste for eight fuel oil tanks located on floating plant and equipment. The fuel oil tanks and their respective equipment requiring this service will be located at the Soo Area Office (SAO) in Sault Ste. Marie, MI.

The contractor must provide the labor, necessary tools, related equipment, materials, and disposal of generated waste required in the comprehensive cleaning and inspection of eight (8) fuel oil tanks located on two (2) floating plant and (2) tugs at SAO. Floating plant equipment includes tanks ranging from 450 gallons to 2500 gallons respectively.

All services are to be provided in the field with the floating plant and equipment in the water, dry docking any piece of equipment is not to be considered in the scope of this contract. Equipment will be moored so as to be reachable by land-based equipment. All cleaning, inspection, and disposal of any waste generated shall be performed in accordance with contract terms and relevant industry, DOD, EGLE, MIOSHA, USEPA and OSHA requirements.

Services shall be coordinated with the government designated authority (GDA) and shall not start more than 14 days after the award of the contract between the months of May and September. In the case of a navigational/facility operational emergency in which the floating plant and equipment is required the service start date requirement may be amended and coordinated with the contractor.

Normal working hours during the months of May-September are 0700-1730 Monday through Friday excluding Federal Holidays as listed below, with a ½ hour for lunch. The contractor should plan for a lunch period between 1200-1230 hours, exceptions, including weekend work, could apply but will need coordination with the GDA in advance. All days should be considered calendar days.

Federal Holidays:

Christmas Day New Year’s Day Birthday of Martin Luther King, Jr Washington’s Birthday Memorial Day Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Day

2. SCOPE OF WORK:

The work to be performed will be in accordance with industry, EM385-1-1, and OSHA safety requirements for fuel tank cleaning, inspection, and generated waste disposal. One (1) floating plant and one (1) tug must remain operational at all times. Concurrent work may be required if options are awarded as one (1) system (floating plant and tug) shall not be out of service for more than five (5) consecutive calendar days. Current system configurations, site layout, and plant drawings have been provided for reference and planning.

Work shall be performed on:

1) Two (2) 2000 gallon fuel oil tanks located on the C/B HARVEY

2) Two (2) 600 gallon fuel oil tank located on the tug FREDRICK, if Option is exercised

3) Two (2) 2500 gallon fuel oil tanks located on the D/B NICOLET

4) Two (2) 450 gallon fuel oil tank located on the tug WHITEFISH BAY, if Option is exercised

The Contractor shall provide a summary report including photographs documenting as-cleaned conditions of each tank to the GDA not later than 30 days after completion of inspection.

The government will supply the following:

a) Electrical power is available in 480V (three phase) with a breaker trip limit of 60A, 120V with a breaker trip limit of 120 (20A), 240V with a breaker trip limit of 50A, additional power resources may be available and shall be coordinated with the GDA.

b) Potable water is available via a ¾” hose within 200’ of the work location.

c) Laydown area as annotated on the provided sketch.

The contractor shall remove all remaining fuel oil from tank, store the fuel oil during inspection, and, prior to returning to tank, clean the fuel oil using centrifugal cleaning, filtration or desiccation as required to return fuel to the following specifications:

Diesel fuel should comply with Federal Specifications W-F-800 MIL-F-16884, or specifications for JP-8. These specifications include grades DF-A, DF-1, DF-2 or types I and II. All are suitable for use under applicable temperature and service conditions.

The contractor should expect approximately a total of 9000 gallons of fuel oil remaining in the system’s tanks.

Contractor shall provide plans, permits, disposal profiles and manifests, and shall provide analytical services and calibrated instrumentation necessary for atmosphere, fuel oil and waste sampling.

Contractor personnel shall be trained as required by applicable DOD, EGLE, MIOSHA, USEPA AND OSHA requirements.

Contractor shall perform initial opening of tanks and conduct necessary atmosphere testing prior to allowing entry to tank by contractor, government or regulatory personnel. Initial and subsequent entry atmosphere sampling results shall be submitted to the GDA for site safety review and approval.

Contractor shall provide proper storage and disposal for wastes generated during any contractor activity. Waste manifests shall identify USACE St. Mary’s falls canal as the waste generator and shall use the site’s USEPA generator id number (MI3960020599) for all shipments. Disposal records shall be provided to the GDA no later than 14 days after transportation to the disposal facility.

Contractor shall be responsible for spills or releases of oil or hazardous materials during all phases of this work.

Contractor shall proactively prevent any hazardous material from reaching the waters of the St. Marys River.

3. FIELD SERVICE TECHNICIAN REQUIREMENTS:

Field inspection and repair technicians must meet the security requirements in Paragraph 6.

Contractor shall provide a position hazard analysis that describes the activities authorized to be performed by persons in that position and the risks associated with the performance of those activities.

Technicians shall be trained and qualified as required by applicable DOD, EGLE, MIOSHA, USEPA and OSHA requirements. Technicians shall be trained and qualified in each activity they are required to perform.

4. SAFETY REQUIREMENTS:

Contractor shall follow all EM 385-1-1 and OSHA regulations for work/service being provided. PPE requirements for access to SAO work site shall include eye protection, hearing protection, hard hat, up to Class 3 high-visibility work wear, safety toe work boots, and Type III USCG-approved personal flotation devices.

Contractor shall analyze the risks associated with each activity to be performed using the USACE risk management process (EM 385 1-1 (01.A.15) or similar.

Contractor shall develop the following written programs in accordance with EM385-1-1:

a) Hazard Communication Program (06.B)

b) Confined Space Entry Program (34.A)

c) Respiratory Protection Program (05.G)

d) Hazardous Energy Control Program (LO/TO) (12.B)

Contractor shall provide proof of Confined Space for Marine Environment training for all employees that will be required to enter the confined space(s). This training shall be in accordance with EM385-1-1 34.A.08 and 34.B.05.

5. ENVIRONMENTAL CONCERNS

Contractor shall implement a spill prevention plan to ensure no spill of fuel oil or other hazardous or polluting material reaches the St Marys River

Contractor shall transfer, store treat and dispose of fuel oil in accordance with Michigan EGLE and USEPA rules and regulations.

Contractor shall provide for disposal of all waste they generate. All work areas shall be left clean and neat daily – all tools and equipment properly stowed.

6. SECURITY REQUIREMENTS:

The Soo Area Office is a secure facility, and personnel working at the project site are subject to security rules and regulations that apply to work at an international port and within a Government-managed facility. The following requirements apply to all contractor personnel, subcontractor personnel, suppliers, and vendors who may perform work at the site.

6.1 All personnel employed by the contractor in the performance of the services specified in this agreement or any representative of the contractor entering the work area shall conform and comply with all applicable U.S.

Army Corps of Engineers, facility access, security policies and procedures. (Provided by government representative). All personnel and vehicles are subject to search upon entry, exit and within the confines of the facility.

6.2 Pre-screening of contractor candidates via E-verify Program: The contractor must pre‐screen employment candidates using the E‐verify Program (http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements. The contractor must ensure that all employees, suppliers, and subcontractors working on the site have two valid forms of Government-issued identification prior to entering the information in E-Verify. The contractor must ensure the correct information is entered into the E‐verify system. A verification sheet for each verified/eligible contractor candidate must be provided to the

Government representative no less than two weeks prior to on-site work as indicated on the approved agreement schedule. (The purpose of using E-Verify is to ensure that all contract-related workers are U.S.

citizens or documented foreign citizens with authority to work in the United States of America). The Government representative will forward the verification sheets to the USACE, Detroit District Security Office for validation.

6.3 Clearance of Personnel: All contractor and Sub-contractor employees are required to have a NCIC check prior to their being able to enter the work site.

6.4 The contractor should expect a return on NCIC results within 72 hours, at which time the Security Office will make a determination and if favorable, the Government can issue the contractor an access card. The contractor will be responsible for working with the Government representative to provide the information for a NCIC check. The contractor must provide the following information for every employee entering the work site:

Name: (Last, First MI (Jr./Sr.)

Business Name Driver's License Number State of Issue Expiration Date of Driver’s License Date of Birth Citizenship, i.e. U.S., Canadian, Mexican, etc.

6.5 Should any employee’s NCIC check come back negative, that particular employee will not be permitted to enter the work site. It is the contractor’s responsibility to replace any workers not permitted on the worksite.

Exclusion or expulsion of an employee resulting from a negative NCIC report shall not result in an increase in the agreement amount.

6.6 All contractor and subcontractor employees working under this agreement who require access to areas containing systems or components of Supervisory Control and Data Acquisition (SCADA) shall, at a minimum, be subject to a Personnel Security Investigation with Fingerprints. Contractors that have a commercial or government entity (CAGE) Code and Facility Security Clearance through the Defense Security Service shall process the National Agency Check (NAC) and forward visit requests/results of NAC to the Detroit District Security Office. SCADA is located in every interior facility and gallery on the facility except the 1st floor of the administration building and the 1st floor of the Davis building. For those contractors that do not have a CAGE Code or Facility Security Clearance, the Detroit District Security Office will process the investigation in coordination with the contractor and contractor shall initiate the process for site access by following the instructions listed below, within 15 days of requiring access to the worksite:

6.7 Coordination for fingerprints, at no cost to the contractor, is to be conducted with the Detroit District Security

Office at 313-226-3465 or Gabriel.A.Gonzalez@usace.army.mil. The contractor should expect a return on fingerprint results within (10) working days, at which time the Security Office will adjudicate and make a determination and if favorable, the Government can issue the contractor an access card.

6.8 The Security Office will also require from each employee working under this category to complete and sign an OF-306, Declaration for Federal Employment form as well as a completed PSIP Pre-Investigation Information Sheet before the background investigation can be initiated. These will be made available electronically from the Security office. The Point of contact for OF-306 and PSIP forms is Gabriel Gonzalez at 313-226-3465 or Gabriel.A.Gonzalez@usace.army.mil

6.9 After the background investigation is initiated by the Security Office, the contractor employee must follow up and complete the E-QIP online questionnaire within 5 business days of receiving the instructional email from the Personnel Security Investigation Portal Center of Excellence. It is extremely important that the contractor understand that illegible information provided to the Security Office will cause delay to the process. The Point of contact for this process is Gabriel Gonzalez at 313-226-3465 or Gabriel.A.Gonzalez@usace.army.mil

6.10 A negative background investigation (NAC) or a contract employee’s failure to complete the online questionnaire in a timely manner may result in the exclusion or expulsion of contractor employees from the site as determined by the Detroit District, Chief, Security & Law Enforcement. Exclusion or expulsion of a contractor resulting from a negative background investigation (NAC) shall not result in an increase in the contract amount.

6.11 Security Checks ‐ All contractor employees must carry pictured identification at all times. They must show

I.D. upon request by both Security and Government personnel. The contractor's employees must enter the site through the main security checkpoint unless otherwise approved by the Contracting Officer. The contractor's employees will be subject to such additional checks as may be deemed necessary to ensure that no violation of security rules has occurred.

6.12 Loitering: contractor personnel shall not loiter in or around the place of duty during off-duty hours. Upon completion of assigned duty, employees shall depart the grounds.

6.13 Photography: contractor personnel shall not photograph or otherwise survey, record, transmit, or receive images of the project work, work area, and facility that are not required for performance of the contract.

Cameras, telephones, and recording devices are subject to inspection upon request by police, security personnel and other authorized Government representatives. This requirement does not apply to activities conducted on personal time from spaces that are accessible to the general public. Federal, state, and local laws, codes, and regulations apply.

6.14 Exclusion or Expulsion from the Site ‐ Any failure to observe the security rules may result in the potential exclusion or expulsion of a contractor employees from the site as determined by the Detroit District, Chief, Security & Law Enforcement. Exclusion or expulsion of an employee resulting from the failure of an employee to observe the security rules shall not result in an increase in the contract amount.

6.15 Force Protection - The contractor and all associated sub-contractors shall receive a brief/training on the local suspicious activity reporting program. This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the project manager, security representative or law enforcement entity.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job D/B Nicolet and C/B Harvey

FFP

Provide the labor, necessary tools, related equipment, materials, and disposal of generated waste required in the comprehensive cleaning and inspection of D/B Nicolet and C/B Harvey at Soo Area Office (SAO) in Sault Ste. Marie, MI.

Services to be performed In accordance with the requirements of the PWS.

FOB: Destination

MILSTRIP: W56MES00566581

PURCHASE REQUEST NUMBER: W56MES00566581

NET AMT

0002 1 Job OPTION Tug Frederick

FFP

Provide the labor, necessary tools, related equipment, materials, and disposal of generated waste required in the comprehensive cleaning and inspection of The Tug Frederick at oo Area Office (SAO) in Sault Ste. Marie, MI. Services to be performed In accordance with the requirements of the PWS.

FOB: Destination

0003 1 Job OPTION Tug Whitefish Bay

FFP

Provide the labor, necessary tools, related equipment, materials, and disposal of generated waste required in the comprehensive cleaning and inspection of D/B Nicolet and C/B Harvey at oo Area Office (SAO) in Sault Ste. Marie, MI. Services to be performed In accordance with the requirements of the PWS.

FOB: Destination

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

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

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 26-MAY-2020 1 SOO AREA OFFICE

KEVIN SPRAGUE

312 PORTAGE AVENUE

SAULT STE. MARIE MI 49783-2445

FOB: Destination

965411

0002 26-MAY-2020 1 (SAME AS PREVIOUS LOCATION)

0003 26-MAY-2020 1 (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

OCT 2018

52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-22 Alternative Line Item Proposal JAN 2017 52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for Debarment

OCT 2015

52.212-1 (Dev) Instructions to Offerors - Commercial Items. (DEVIATION 2018-O0018)

OCT 2018

52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.217-5 Evaluation Of Options JUL 1990 52.219-4 (Dev) Notice of Price Evaluation Preference for HUBZone Small

Business Concerns (DEVIATION 2019-O0003).

JAN 2019

52.222-3 Convict Labor JUN 2003 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-41 Service Contract Labor Standards AUG 2018 52.222-50 Combating Trafficking in Persons JAN 2019 52.222-55 Minimum Wages Under Executive Order 13658 DEC 2015 52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2017 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 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

AUG 2018

52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving

AUG 2011

52.223-20 Aerosols JUN 2016 52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

DEC 2013

52.237-1 Site Visit APR 1984 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.253-1 Computer Generated Forms JAN 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 252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information

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

DEC 2019

252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors.

JAN 2018

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

SEP 2014

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

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

Personnel

JUN 2013

252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.247-7023 Transportation of Supplies by Sea FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2016)

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

Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public Web sites) or simple transactional information, such as necessary to process payments.

Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

Safeguarding means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices

(including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(End of clause)

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (DEC 2019)

The Offeror shall not complete the representation in 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--

Covered telecommunications equipment or services, critical technology, and substantial or essential component have the meanings provided in clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. 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. Contractors are not prohibited from providing--

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or 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) Representation. The Offeror represents that 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.

(e) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it “will'' provide covered telecommunications equipment or services”, the Offeror shall provide the following information as part of the offer-

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

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

(3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known); and

(4) For equipment, 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).

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (DEC 2019)

ALTERNATE I (OCT 2014)

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.

“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” 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.

“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.

“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 its stock 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 the stock of which is owned by one or more women; and

(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 applicable to the NAICS code referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs __.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(ii) It [____] is, [____] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(10)(i) of…