Conformed Copy - Solicitation W9124E-24-B-0002.pdf

This is an Invitation for Bid.

The Government intends to aw ard a Firm-Fixed Price (FFP) single IDIQ type Paving and Drainage contract from this solicitation.

A bid guarantee is required (see clause at FAR 52.228-1). A ll bid bonds must be originals; photocopies w ill not be accepted. Bid guarantee MUST be received prior to bid opening.

This is a 100% 8(a) competitive set-aside under NAICS 237310 Highw ay, Street and Bridge Construction w ith a small business size standard of $45M.

The estimated magnitude of construction for this project is betw een $26,000,000.00 and $100,000,000.00.

X

VICTORIA A . JOSEPH 337-531-8607

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS

NEGOTIATED

04-Jan-2024

(RFP)

(IFB)

CALL:

B. TELEPHONE NO. ( Include area code) (NO COLLECT CALLS)

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

NSN 7540-01-155-3212 1442- 101 STANDARD FORM 1442 (REV. 4-85)

Presc ribed by GSA

FAR (48 CFR) 53.236-1( e)

11. The Contractor shall begin perf ormance w ithin _______10 calendar days and complete it w ithin ________ calendar days after receiving aw ard, X notice to proceed. This per formance per iod is X mandatory, negotiable. (See _________________________FAR 52.211-10

12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to per form the w ork required are due at the place specified in Item 8 by ___________ local time ______________07 Feb 2024 (date). If this is a sealed bid solicitation, of fers must be publicly opened at that time.

shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee X is, is not required.

C. All offers are subject to the (1) w ork requirements, and (2) other provisions and clauses incorporated in the solicitation in f ull text or by reference.

D. Off ers providing less than _______180 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

4. CONTRACT NO.

7. ISSUED BY CODE

MIC C - FORT JOHNSON

2038 9TH STREET, BLD G 1352

FORT JOHNSON LA 71459

W9124E

PAGE OF PAGES

1 OF

CODE

(Ti tle, identi fying no., date):

12B. CALENDAR DAYS

02:00 PM (hour)

Sealed envelopes containing offers

5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.

8. ADDRESS OFFER TO (If Other Than Item 7)

FAX:TEL: TEL: FAX:

W9124E24B0002 67

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

SOLICITATION, OFFER, AND AWARD (Continued)

(Construction, Alteration, or Repair)

CODE FACILITY CODE

17. The offeror agrees to per form the w ork required at the prices specified below in strict accordance w ith the terms of this solicitation, if this off er is accepted by the Government in w riting w ithin ________ calendar days after the date off ers are due.

the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS SEE SCHEDULE OF PRICES

18. The offeror agrees to furnish any required perf ormance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The of feror acknowledges receipt of amendments to the solicit ation -- give number and dat e of each)

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or pr int)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherw ise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

CODE27. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY

(Include ZIP Code)14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NO. ( Include area code)

See Item 14

(Include only if different than Item 14)16. REMITTANCE ADDRESS

30B. SIGNATURE

29. AWARD (Cont ractor is not required to sign this document. ) document and return _______ copies t o issuing office.) Cont ractor agrees Y our of f er on t his solicit ation, is hereby accept ed as t o t he items listed. This award con-t o f urnish and deliv er all item s or perf orm all work, requisitions identif ied sum mates the contract , which consists of (a) the Gov ernm ent solicit ation and on this f orm and any continuation sheet s f or t he consideration st ated in this y our of f er , and (b) this cont ract award. No f urther contractual document is cont ract. The rights and obligat ions of t he parties to this cont ract shall be necessary.

gov erned by (a) t his contract award, (b) t he solicitat ion, and (c) the clauses, representat ions, cer tif icat ions, and specif ications or incorporated by ref er-ence in or at tached to t his contract.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)

30C. DATE

(Type or print)

TEL: EMAIL:

31B. UNITED STATES OF AMERICA 31C. AWARD DATE

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

W9124E24B0002

Section 00010 - Solicitation Contract Form

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 1 Job Paving and Drainage - BASE

FFP

Paving and Drainage IDIQ - Base Ordering Period The Contractor shall furnish all labor, plant, materials, & equipment, to provide drainage, road repair, and paving as described in the general statement of work, task order statement of work and drawings and specifications at various locations on Fort Johnson, Louisiana, to include maneuver areas.

Pricing Schedule Line Items 01-001 through 12-022 (Attachment 1) shall be utilized to determine Firm Fixed Price for Task Orders issued during this period.

The total estimated price for Line Items 01-001 through 12-022 shall be entered as the total estimated amount for this CLIN.

FOB: Destination

PSC CD: Z2LB

MAX

NET AMT

UNIT UNIT PRICE MAX AMOUNT

1001 1 Job Paving & Drainage - Ordering Period 1

FFP

Paving and Drainage IDIQ - Ordering Period 1 The Contractor shall furnish all labor, plant, materials, & equipment, to provide drainage, road repair, and paving as described in the general statement of work, task order statement of work and drawings and specifications at various locations on Fort Johnson, Louisiana, to include maneuver areas.

Pricing Schedule Line Items 01-001 through 12-022 (Attachment 2) shall be utilized to determine Firm Fixed Price for Task Orders issued during this period.

The total estimated price for Line Items 01-001 through 12-022 shall be entered as the total estimated amount for this CLIN.

UNIT UNIT PRICE MAX AMOUNT

2001 1 Job Paving & Drainage - Ordering Period 2

FFP

Paving and Drainage IDIQ - Ordering Period 2 The Contractor shall furnish all labor, plant, materials, & equipment, to provide drainage, road repair, and paving as described in the general statement of work, task order statement of work and drawings and specifications at various locations on Fort Johnson, Louisiana, to include maneuver areas.

Pricing Schedule Line Items 01-001 through 12-022 (Attachment 3) shall be utilized to determine Firm Fixed Price for Task Orders issued during this period.

The total estimated price for Line Items 01-001 through 12-022 shall be entered as the total estimated amount for this CLIN.

UNIT UNIT PRICE MAX AMOUNT

3001 1 Job Paving & Drainage - Ordering Period 3

FFP

Paving and Drainage IDIQ - Ordering Period 3 The Contractor shall furnish all labor, plant, materials, & equipment, to provide drainage, road repair, and paving as described in the general statement of work, task order statement of work and drawings and specifications at various locations on Fort Johnson, Louisiana, to include maneuver areas.

Pricing Schedule Line Items 01-001 through 12-022 (Attachment 4) shall be utilized to determine Firm Fixed Price for Task Orders issued during this period.

The total estimated price for Line Items 01-001 through 12-022 shall be entered as the total estimated amount for this CLIN.

UNIT UNIT PRICE MAX AMOUNT

4001 1 Job Paving & Drainage - Ordering Period 4

FFP

Paving and Drainage IDIQ - Ordering Period 4 The Contractor shall furnish all labor, plant, materials, & equipment, to provide drainage, road repair, and paving as described in the general statement of work, task order statement of work and drawings and specifications at various locations on Fort Johnson, Louisiana, to include maneuver areas.

Pricing Schedule Line Items 01-001 through 12-022 (Attachment 5) shall be utilized to determine Firm Fixed Price for Task Orders issued during this period.

The total estimated price for Line Items 01-001 through 12-022 shall be entered as the total estimated amount for this CLIN.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 1001 Destination Government Destination Government 2001 Destination Government Destination Government 3001 Destination Government Destination Government 4001 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 29-APR-2024 TO

28-APR-2025

N/A HQS & JRTC - USAG (FORT JOHNSON)

GREGORY S. RACHAL

6661 WARRIOR TRAIL, B#350

FORT JOHNSON LA 71459

337-531-8413

W42NU5

1001 POP 29-APR-2025 TO

28-APR-2026

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 29-APR-2026 TO

28-APR-2027

N/A (SAME AS PREVIOUS LOCATION)

3001 POP 29-APR-2027 TO

28-APR-2028

N/A (SAME AS PREVIOUS LOCATION)

4001 POP 29-APR-2028 TO

28-APR-2029

N/A (SAME AS PREVIOUS LOCATION)

Section 00100 - Bidding Schedule/Instructions to Bidders

INSTRUCTIONS TO BIDDERS

INSTRUCTIONS TO BIDDERS

I. Point of Contact (POC):

1. Victoria Joseph, Contract Specialist (Primary) / email: victoria.a.joseph.civ@army.mil

2. Shannon Doucet, Contract Specialist (Secondary) / email: shannon.p.doucet.civ@army.mil

3. Tamera Butler, Contracting Officer / email: tamera.s.butler.civ@army.mil

II. Competition Requirements: This procurement is 100% 8(a) set-aside acquisition.

III. Bidders MUST be registered in System for Award Management (SAM) database IAW FAR 52.204-7 to be awarded a contract and MUST have applicable NAICS code.

IV. Bid Preparation Instructions and Content: These instructions are designed to ensure the submission of necessary information to provide a clear understanding and the comprehensive evaluation of bids. In the sealed bidding procedures, price will determine the “Apparent Low Bid”, however, the submission of a low bid does not in itself determine responsibility of a bidder or a fair and reasonable price. Therefore, it is necessary to require additional information, in order for the Contracting Officer to make an award to overall lowest priced and responsible bidder.

V. Bid Submission

ALL bids SHALL be submitted electronically to Procurement Integrated Enterprise Environment (PIEE) Solicitation Module; http://piee.eb.mil (NLT) 2:00 PM CST / 7 February 2024.

NOTE: The Procurement Integrated Enterprise Environment (PIEE) (https://piee.eb.mil) is the Department’s core tool for facilitating full utilization of electronic processing of data and documents in the Procure-to-Pay environment. Within that environment, is the Solicitation Module which provides the capability for secure, timestamped submission of contractors’ proposals. The Solicitation Module was designed specifically to capture the documentation needed to memorialize the date and time of offer submissions, as well as to retain those files and the attendant time and date stamps. It supports large file sizes of up to 1.9 GB per file with no limit on the number of files and supports multiple file formats. Also, it is integrated with the System for Award Management for publishing associated notices in accordance with Federal Acquisition Regulation Part 5 requirements.

Vendors must register in the Procurement Integrated Enterprise Environment for the specific applications they wish to use.

Below are hyperlinks to assist with registering, Solicitation Module training and vendor customer support:

- Instructions on how to register for PIEE (Vendor Registration) can be found at https://pieetraining.eb.mil/wbt/xhtml/wbt/portal/overview/vendorRegister.xhtml

- Instructions / Web Based Training for Solicitation Module can be found at https://pieetraining.eb.mil/wbt/xhtml/wbt/sol/index.xhtml

- Vendor Customer Support can be found at https://pieetraining.eb.mil/wbt/xhtml/wbt/portal/overview/CustomerSupport.xhtml

All questions/inquiries related to bid submissions and accessing PIEE shall be directed to the PIEE help desk.

Bidders’ submission SHALL consist of the following Volumes. Each Volume shall be named accordingly, and MUST (at a minimum) consist of the documents/information identified below:

a. VOLUME A: Cover Sheet - Coversheet shall be on company letterhead and MUST contain your UEI and authorized representative(s) who can obligate your company contractually, sign the bid, and sign other contract actions. Include telephone number with area code and complete email address for each authorized representative. Provide proof that company has been certified for paving operations by a State Department of Transportation.

Failure to provide this information may be cause for rejection of the bid.

If a joint venture, the vendor must provide:

The primary member of the joint venture shall sign the SF 1442 and Corporate Certificate unless a written agreement by the joint venture is furnished with the proposal designating one firm with the authority to bind the other member(s) of the joint venture. In addition, the Offeror shall submit a copy of the joint venture agreement with the proposal. Failure to comply with the foregoing requirements may eliminate the IFB from further consideration.

If an Offeror is contemplating a joint venture on this project, it must advise its assigned SBA Business Opportunity Specialist (BOS) as soon as possible. It is also recommended that the agreement be submitted as soon as practicable to ensure compliance with established regulations. Any corrections and/or changes needed can be made only when its BOS has adequate time for a thorough review before the proposal due time/date.

b. VOLUME B: BID GUARANTEE – A Bid Bond in the amount of 20% of the bid price or $3,000,000.00, whichever is less IAW FAR 52.228-1. Bidder shall submit a fully executed Standard Form (SF) 24 with the submitted bid. All bid bonds MUST be original, photocopies or emails will not be accepted. Bid bonds MUST be received NLT the bid closing time/date (2:00 PM CST / 7 February 2024). Bid bonds may be hand delivered or mailed however, (if mailing) bidders are encouraged to submit bid bonds via UPS, Fed-Ex, DHL, or similar courier services.

Delivery Address:

Mission and Installation Contracting Command (MICC) Ft. Johnson

Attention: BID # W9124E-24-B-0002 2038 9th Street, Building 1352

Fort Johnson, LA 71459

Failure to provide the bid bond may be cause for rejection of the bid.

c. VOLUME C: BONDING COMPANY LETTER – Letter MUST indicate the bidder’s (bonding capability) ability to obtain performance and payment bonds in the amount of the contract’s maximum ceiling. Failure to provide this letter may be cause for rejection of the bid.

d. VOLUME D: PRE-AWARD REQUIRED PERSONNEL - Resume and/or Qualifications of the following personnel IAW Technical Exhibit A - Statement of Work (Paragraph 1.4 Contractor Personnel). Failure to provide this information may be cause for rejection of the bid.

Contract/Project Manager - See qualifications/duties listed under Technical Exhibit A - Paragraph 1.4.1 of the Statement of Work.

e. VOLUME E: Signed and completed SF 1442 and ALL Amendments - The SF1442 shall be submitted fully completed, this includes completing the CLIN structure cost in Section 00010 of the SF1442. The Contractor shall acknowledge any amendments to the IFB in accordance with the instructions on the SF1442. All bidders are cautioned to complete blocks 20a - 20c with an original/electronic signature in block 20b. Additionally, this solicitation contains provisions and other items required to be completed electronically by the bidder. Failure to provide this information may be cause for rejection of the bid.

f. VOLUME F: Bid Schedules (Attachments 1-6) – Bidders MUST submit ALL six (6) completed bid schedules (Attachment 1-6).

(1) Bidders shall submit and complete ALL SIX (6) Bid Schedules – Attachments 1-6.

A unit price shall be inserted for each bid item for each ordering period and the total for the ordering period MUST be completed. Attachment 6 is a Combined Bid Schedule; the bidder is required to ensure that all totals match to total amounts from the respective bid schedule.

Total sums for the completed Bid Schedule shall match the CLIN structure in Section 00010 of the SF1442.

(2) All extensions of the unit prices in the spreadsheets will be subject to verification by the Government. In case of a discrepancy between the unit price and the totals, the unit price will govern.

(3) Failure to submit a price for each bid item may be cause for rejection of the bid.

(4) Submission of unbalanced bids may be cause for rejection of the bid.

VI. SITE VISIT: A Site Visit will be conducted on 1:00 PM CST / 11 January 2024. Contractors interested in attending the site visit SHALL notify the Contracting Officer/Contract Specialist, via email NLT 12:00 PM CST / 10 January 2024. The email shall include the following:

Name (s) of attendees (limit 2 representatives per contractor), company name, email address and phone number.

*** Submit to victoria.a.joseph.civ@army.mil , shannon.p.doucet.civ@army.mil and tamera.s.butler.civ@army.mil ****

VII. QUESTIONS & ANSWERS: All questions / Request for Information (RFI) regarding this solicitation MUST be submitted electronically to ALL the following emails NLT, 12:00 PM CST / 22 January 2024.

*** Submit to victoria.a.joseph.civ@army.mil , shannon.p.doucet.civ@army.mil and

The Government intends to provide answers to all submitted question thru a solicitation amendment NLT, 5:00 PM CST / 25 January 2024. ALL solicitation amendments will be posted on SAM.GOV.

VIII. PUBLIC BID OPENING ATTENDEES: Bidders wishing to attend the bid opening SHALL notify the Contracting Officer/Contract Specialist via email NLT 12:00 PM CST / 6 February 2024. The email requested for attending the bid opening shall include the Name (s) of attendees (limit 2 representatives per contractor.

**** Submit to victoria.a.joseph.civ@army.mil , shannon.p.doucet.civ@army.mil and

Bid opening will take place at 2:00 PM CST / 7 February 2024. Bid Opening will take place at the following location:

Mission and Installation Contracting Command (MICC) Ft. Johnson 2038 9th Street, Building 1352

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-22 Alternative Line Item Proposal JAN 2017 52.214-3 Amendments To Invitations For Bids DEC 2016 52.214-4 False Statements In Bids APR 1984 52.214-5 Submission Of Bids DEC 2016 52.214-6 Explanation To Prospective Bidders APR 1984 52.214-7 Late Submissions, Modifications, and Withdrawals of Bids NOV 1999 52.222-5 Construction Wage Rate Requirements--Secondary Site of the

Work

MAY 2014

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements NOV 2023 252.215-7008 Only One Offer DEC 2022

CLAUSES INCORPORATED BY FULL TEXT

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm-Fixed Price contract resulting from this solicitation.

(End of provision)

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

http://www.acquisition.gov

52.252-3 ALTERATIONS IN SOLICITATION (APR 1984)

Portions of this solicitation are altered as follows:

None

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision.

The use in this solicitation of any Defense Federal Acquisition Regulations Supplement DFARS (48

(b) CFR Chapter 2) and Army Federal Regulation Supplement (AFARS) (48 CFR Chapter 51) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

Section 00600 - Representations & Certifications

52.203-11 Certification And Disclosure Regarding Payments To

Influence Certain Federal Transactions

SEP 2007

52.209-7 Information Regarding Responsibility Matters OCT 2018 52.219-2 Equal Low Bids OCT 1995 52.222-38 Compliance With Veterans' Employment Reporting

Requirements

FEB 2016

52.225-10 Notice of Buy American Requirement--Construction Materials

MAY 2014

52.225-12 Notice of Buy American Requirement - Construction Materials Under Trade Agreements

MAY 2014

252.203-7005 Representation Relating to Compensation of Former DoD Officials

SEP 2022

252.204-7016 Covered Defense Telecommunications Equipment or Services -- Representation

DEC 2019

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation

MAY 2021

CLAUSES INCORPORATED BY FULL TEXT

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2023)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 237310.

(2) The small business size standard is $45,000,000.

(3) 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, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition--

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

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

(iii) 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)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

( ) Paragraph (d) applies.

(XXX) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.204-26, Covered Telecommunications Equipment or Services--Representation. This provision applies to all solicitations.

(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations--Representation.

(viii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(x) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.

(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).

(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xvi) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial products or commercial services.

(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.

(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.)

(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xxi) 52.225-4, Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Basic, Alternates II and III.)

This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $50,000, the basic provision applies.

(B) If the acquisition value is $50,000 or more but is less than $92,319, the provision with its Alternate II applies.

(C) If the acquisition value is $92,319 or more but is less than $100,000, the provision with its Alternate III applies.

(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.

(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.

(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

xxx (i) 52.204-17, Ownership or Control of Offeror.

xxx (ii) 52.204-20, Predecessor of Offeror.

xxx (iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

(iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.

(v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.

(vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA- Designated Products (Alternate I only).

(vii) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

(viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The Offeror has completed the annual representations and certifications electronically in SAM accessed through https://www.sam.gov. After reviewing the SAM information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within 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), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [ offeror to insert changes, identifying change by clause number, title, date]. 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.

FAR Clause Title Date Change

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 on SAM.

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

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

Commercial and Government Entity (CAGE) code means—

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

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

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

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

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

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

Immediate owner CAGE code:

Immediate owner legal name: ___

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

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

[ ___ ] Yes or [ ___ ] No.

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

Highest-level owner CAGE code:

Highest-level owner legal name:

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

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

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

(a) Definitions. As used in this provision-

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

(b) Prohibition.

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

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

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

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

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

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

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

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

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

(d) Representations. The Offeror represents that--

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

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

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

(e) Disclosures.

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

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

2020)

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

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

(c) Representations.

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

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

52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS--

REPRESENTATION (NOV 2015)

(a) Definitions. Inverted domestic corporation and subsidiary have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10).

(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.

(c) Representation. The Offeror represents that--

(1) It [ ___ ] is, [ ___ ] is not an inverted domestic corporation; and

(2) It [ ___ ] is, [ ___ ] is not a subsidiary of an inverted domestic corporation.

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (AUG 2020)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-

(i) The Offeror and/or any of its Principals-

(A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and

(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision;

and

(D) Have , have not , within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds the threshold at 9.104-5(a)(2) for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager;

head of a division or business segment; and similar positions).

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

52.219-14 LIMITATIONS ON SUBCONTRACTING (DEVIATION 2021-O0008) (FEB 2023)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Definition. “Similarly situated entity,” as used in this clause, means a first-tier subcontractor, including an independent contractor, that—

(1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without…