W9127S-21-R-6000 Combined Synopsis Solicitation_25Mar21.pdf

ARCHITECT-ENGINEERING (AE)

INDEFINITE DELIVERY CONTRACTS (IDC)

IN SUPPORT OF

THE DEFENSE HEALTH AGENCY (DHA)

AND COMPONENT MEDICAL COMMANDS

W9127S-21-R-6000

US ARMY CORPS OF ENGINEERS

LITTLE ROCK DISTRICT

This is a Combined Synopsis / Solicitation for Architect & Engineering (A-E) services being procured in accordance with PL 92-582 (formerly known as the Brooks A-E Act) as implemented in Federal

Acquisition Regulation (FAR) Part 36.6.

A written solicitation will not be posted.

W9127S-21-R-6000 A-E, IDC, in Support of the DHA and Component Medical Commands

1. CONTRACT INFORMATION

The purpose of this acquisition is to provide multiple Architect-Engineer (AE) Indefinite Delivery

Contracts (IDC) in support of the Defense Health Agency (DHA) and Component Medical Commands

Medical Sustainment, Restoration and Modernization (MSRM) programs in fiscal years 2021 through

2026. The MSRM program includes replacement, restoration or modernization of active/existing healthcare facilities that include, but are not limited to, clinics, hospitals, medical centers, labs, pharmacies, administrative facilities, ambulatory health facilities, dental clinics, wellness centers, veterinary facilities, vivarium, medical warehouses, and specialty facilities such as hyperbaric chambers, MRI/CT, decontamination facilities, and other facilities and buildings connected to/associated with the

DHA and Component Medical Commands. The Government requires the services of qualified Architect-

Engineer (A-E) firms who specialize in healthcare and can perform: Planning and Pre-design Services, Design-Build (DB) and/or Initial Outfitting (IO) Request for Proposal (RFP) Development, DB Technical

Support Services, Commissioning Support, Design-Bid-Build Design Services (DBB), and DBB

Construction Phase services. Specific requirements may include, but are not limited to HVAC, medical gas, plumbing, electrical, elevators, building envelope, fire protection, interior renovation, outfitting, terrorism/force protection, communication, low voltage systems, and exterior site and systems work such as utilities infrastructure, roadways, sidewalks, parking lots, landscaping, and irrigation. The Scope of

Work for each of the Task Orders awarded under these IDC will identify outcomes to be satisfied for the specific requirement. The IDC may be used throughout the 48 contiguous United States, and Washington

DC (CONUS), and Alaska, Hawaii, and US Territories (OCONUS).

This is a competitive procurement set aside for Small Business (SB) and Service-Disabled Veteran Owned

Small Business (SDVOSB). The North American Industry Classification System (NAICS) Code for this procurement is 541330: Engineering Services, with a Small Business Size Standard of $16,500,000.00, Industrial Code (SIC) 8711: Engineering Services, and Product Service Code C219: Other Architect and

Engineering Services. The Government anticipates the award of up to six (6) IDC, allocated as follows; up to three (3) SB, and up to three (3) SDVOSB. Capacity of $45,000,000 will be shared among all IDC awarded. This capacity represents known requirements, future economic impacts to these known requirements, and an additional 10% capacity to support unknown requirements.

The awarded contracts will have a one-time minimum guarantee of $10,000.00 (ten thousand dollars), to be paid at the end of the first 12 months if no Task Order has been awarded.

There will be no subsequent minimum guarantee. The minimum individual Task Order amount is set at $10,000.00 (ten thousand dollars) and the maximum individual Task Order amount is set at

$3,000,000.00 (three million dollars). The individual Task Order limits refer to the minimum and maximum amount that the contractor is obligated to perform if issued a Task Order under the contract. Task Orders above the maximum individual Task Order amount may be issued, provided they are within the overall capacity of the contract; however, firms are under no obligation to negotiate or accept award of a Task Order above the maximum individual Task Order amount;

although once the award is accepted, performance of the work under the Task Order is required.

Work under each of the awarded contracts will be subject to satisfactory negotiation of individual

Task Orders. Work will be issued by negotiated firm-fixed-price Task Orders.

The selected A-E firms must demonstrate the capability to perform, as the prime firm, at least 50% of the work described below in accordance with 52.219-14 (c)(1). Firms will be selected for negotiation based on demonstrated competence and qualifications for the required work.

The contracts will have a base period of five (5) years, with no option years. Work will be issued by negotiated firm-fixed-price Task Orders.

The wages and benefits of service employees (see FAR 22.10) performing under this contract must be at least equal to those determined by the Department of Labor under the Service Contract Act as determined by the employees' office location (not the location of the work). Proposals may be subject to an advisory audit performed by the Defense Contract Audit Agency.

Antiterrorism and Operations Security (AT/OPSEC) requirements as well as E-Verify

(employment) will be required for all Military projects. For other tasks, determination will be made per individual Task Order.

2. REQUIRED CAPABILITIES

All work shall be done by or under the direct supervision of licensed professional Architects or

Engineers. Services shall be accomplished in the A-E contractor's office with the exception of various construction site services, field investigations, and field surveys, as required at the project site. The selected firms shall have capabilities for programming, planning, and design of healthcare projects in the following areas (examples of support services listed within each of the following functional aspects are representative and not comprehensive). Capabilities for programming, planning, and design of healthcare projects in the following areas (examples of support services listed within each of the following functional aspects are representative and not comprehensive).

A. Master Planning: Healthcare Planning; Medical Equipment Planning, Space Evaluation and

Programming; Military Construction (MILCON) as related to project planning for new medical facilities and related support facilities; as well as Operation and Maintenance (O&M) project planning for expansions and repairs to existing medical facilities and related support facilities.

B. Design: Design-Bid-Build Design Services; Engineering, schematic (Charrette) design (10%), concept design (35%), working drawings (65%), and final design (100%); design of expansions and repairs; demolition and alterations to existing medical facilities and related support facilities;

and design of new medical facilities and related support facilities to include architectural, comprehensive interior design (CID), space planning; infrastructure systems; and medical equipment plans. Additional design considerations may include, but are not limited to, medical gas systems, fire protection, landscaping, force protection, communication and data design, architectural evaluations, architectural hardware, electronic and communications systems, environmental and EPA regulatory considerations for storm water and site drainage pollution prevention plans; Section 404 Permits and construction site requirements. This work is performed in ongoing active healthcare facilities. A capable and qualified contractor must have experience in performing during the course of normal hospital/clinic operations.

C. Assessment/Studies: Identification of code deficiencies; Development of Statement of

Conditions and Plans for Improvement for compliance with Joint Commission on the Accreditation of Healthcare Organizations (JCAHO) requirements; Facility Condition Assessments;

Environmental Assessments; Economic Analysis of potential projects; Seismic Evaluations;

Maintenance and Operational Programming; etc.

D. Project Support Services: Construction Phase Services (submittal review, transition planning, commissioning, site visits, etc.); Project Development (preparation of scopes of work, site analysis, assistance with development of draft information for approval documents, etc.); on site Quality

Assurance inspections; preparation of reports, record drawings, and other facility documentation;

Commissioning plans, performance checklists, systems performance verification testing documentation, specialized quality assurance testing including but not limited to Heating, Ventilation, and Air-Conditioning, plumbing systems, electrical systems, building envelope, acoustic control, integrated automation, communications/data systems, and fire protection systems commissioning; Construction Contractor Schedule Review; Estimating Services; Fire

Protection/Life Safety review; Leadership in Energy and Environmental Design

(LEED)/Sustainable Design project certification and reporting requirements; LEED preparatory commissioning support during design; LEED documentation during construction, on-site representation, and preparation of operation and maintenance (O&M) manuals. Quality Assurance

Services; Construction safety oversight; Operation and Maintenance (O&M) manuals review and development; constructability reviews; professional and technical field service support relating to designs submitted by A-E Firms; construction inspection and engineering consultation services during construction. Shop drawing and construction submittal review and approval, contract modifications, engineering advice during construction; Construction scheduling services;

Inspection, evaluation, and reports on completed projects, as-built drawing preparation.

E. Other Services: This contract may require other services including but not limited to:

development of full design- bid-build packages and Request for Proposal (RFP) packages for design-build projects; DD Form 1391 documentation; plans; specifications; Capital Investment

Decision Models; Cost estimating; cost control and scheduling; Value Engineering studies/evaluations and related studies: Engineering and environmental studies: reports and related services; NEPA documentation; Energy computations, LEED studies/certification; Historical society coordination/documentation; surveying and/or soil borings; energy computation; life safety code studies; other associated engineering services; hazardous materials identification; and/or surveying for hazardous, toxic, or regulated materials. Incidental asbestos and lead paint survey work may be required relating to the design services; planning, studies, and/or site investigations.

3. SELECTION CRITERIA: The selection criteria listed below in descending order of importance will be used in the evaluation of A-E firms. Criterion ‘A’ through ‘D’ are Primary. The A-E firm must demonstrate its qualifications and each key consultant's qualifications with respect to the published evaluation factors for all services. Criteria ‘E’ and ‘F’ are Secondary and will only be used as tie-breakers among technically equal firms. In accordance with the Brooks Act, Price / Cost is not an evaluation factor.

A. Professional Qualifications: The design team shall consist of experienced and registered or certified personnel. Availability of an adequate number of personnel in key disciplines shall be presented to ensure that the selected A-E firm can demonstrate the capability of working on multiple task orders. The evaluation will consider education, training, registration, overall and relevant experience and longevity with the firm. Resumes shall use the same discipline nomenclature as is used in this announcement. Provide the following for each person: professional registration (as applicable), role(s) expected to fulfill in this contract, and experience in medical planning and design (with current and previous firms as applicable). Differentiate between planning and design experience. Resumes shall not exceed one page per person. Provide an organization chart in accordance with SF 330, Section D, identifying each member of the project team. Indicate the working office location of each team member. The A-E work may involve the following disciplines and skills, but are not limited to:

01. Administrative Assistant

02. Anti-Terrorist/Force Protection (AT/FP) Engineer

03. Architect (ten years + experience in the planning and/or design of healthcare facilities required)

04. Artwork Consultant

05. Building Information Modeling (BIM) Specialist

06. CADD Specialist

07. Certified Cost Engineer (experienced with military breakdown formats for estimates and familiar with preparation of detailed cost estimating procedures and construction schedules) (Association for the Advancement of Cost Engineering International (AACEI) or similar certification is acceptable)

08. Certified Value Engineer

09. Civil Engineer

10. Commissioning Agent

11. Construction Engineer

12. Construction Quality Assurance Representative

13. Construction Technician

14. Electrical Engineer

15. Electrical Engineer (with expertise in (but not limited to) low voltage systems, telecommunications, data systems, and electrical control systems)

16. Engineering Technician

17. Environmental Engineer

18. Environmental Survey Personnel (asbestos, lead based paint, soil, etc.)

19. Fire Protection Engineer

20. Geologist

21. Geotechnical Engineer

22. Health Care Planner (three years + experience in the use of the following systems:

Medical Expense and Performance Reporting System (MEPRS), Center for Health Care Strategies (CHCS), Managed Care Forecasting and Analysis System (MCFAS), and M2 Information Systems)

23. Industrial Hygienist

24. Interior Designer

25. Landscape Architect

26. Life Safety Specialist

27. Mechanical Engineer (experience in medical gas systems required)

28. Medical Equipment Planner

29. Program Manager

30. Project Manager

31. Project Scheduler (with experience in Primavera)

32. Quality Control Manager

33. Registered Environmental Design Personnel (asbestos, lead based paint, soil, etc.)

34. Registered Professional Land Surveyor

35. Structural Engineer

36. Survey Crew

37. Sustainability Expert

38. Technical Writer

39. Transition Planner/Relocation Specialist

40. Wayfinding/Signage Consultant

B. Specialized Experience and Technical Competence: Provide representative examples of completed projects that reflect the firm’s experience in the following areas completed within the last five years from the date of this announcement.

1. Master Planning for Health Care Facilities;

2. Experience in the preparation of Design-Build RFPs;

3. Experience in the planning of medical facilities; Provide examples of planning studies that involved preparation of the following planning documents: Health Care

Requirements Analysis (HCRA), Facility Assessment Studies (FAS), Deficiency

Tabulations (DEFTAB), and Economic Analysis (EA);

4. Experience in providing construction phase services on medical facilities (shop drawing review, as-built drawing preparation, commissioning, preparation for JC) inspections, construction inspection services, interior design, and Operations and

Maintenance Support Information (OMSI);

5. Design for the repair/restoration of medical facilities;

6. Planning/programming of potential healthcare repair/construction projects;

7. Experience in the design of medical facilities per the requirements in Unified Facilities

Criteria (UFC) 4-510-01. Provide examples of designs that involved new construction and renovation of hospitals and/or clinics;

8. Surveying medical facilities for National Fire Protection Association (NFPA) 101 and related JC deficiencies, and preparation of deficiency reports and equivalency studies;

9. Economic analysis for Health Care planning;

10. Functional review of layout of Medical Facilities;

11. Seismic evaluation and rehabilitation of buildings in accordance with FEMA 273

Guidelines for the Seismic Rehabilitation of Buildings and TI 809-05 Seismic Evaluation and Rehabilitation of Buildings;

12. Construction phase services;

13. Medical equipment planning;

14. Preparing cost estimates utilizing MCACES MII or later software;

15. Planning and design of veterinary and medical research laboratory facilities;

16. Computer Resources: Firms must indicate in Section H of the SF 330 the following items:

(a) accessibility to and/or familiarity with the Construction Criteria Base (CCB) system. This shall include as a minimum;

(b) the SPECSINTACT specification system, the MCACES estimating system, and

ProjNet (Dr. CHECKS) (https://www.projnet.org) review management system for comment resolution of design/construction submittals;

(c) demonstrated CADD capability with capacity to produce output files in .DXF, .DWG, .DGN and .CAL file format. Required software for production of project design and drawings shall be Bentley MicroStation v8i (SS3) or later version or

AutoCAD Release version 2015 or later version. Compliance with the Tri-Service

A/C/E System (TRACES) will be required;

(d) BIM includes Bentley AECOsim Building Designer or AutoDesk Revit as either may be required for the project design. Delivery of digital CADD files and models will be required on CDs or DVDs;

(e) for projects utilizing the design-build process, the A-E may be required to access and utilize the online standard design Request for Proposal Model RFP Wizard;

(f) other software requirements include providing MicroSoft (MS) Excel spreadsheets, Adobe Acrobat documents (.PDF), MS Access, MS Word documents and .CAL files in support of the electronic advertising process.

17. Department of Defense Minimum Antiterrorism Standards for Buildings UFC 4-010-01;

18. High Performance and Sustainable Building Requirements UFC 1-200-02;

19. Capability to design projects incorporating the latest DoD criteria.

C. Past Performance: Evaluation procedures will consider the past performance of the project team on related work performed for the DoD, other Government agencies, Private Industry, and other similar contracts with respect to quality of work, cost control, compliance with performance schedules, cooperation, and responsiveness. The Government may consider information provided by the firm, customer inquiries, Government databases, and other publicly available sources.

Failure to provide requested data, accessible points of contact, or valid phone numbers could result in a firm being considered less qualified. In addition, include any records of significant claims against the firm because of improper or incomplete architectural and engineering services. Firms will also be evaluated based on established Contractor Performance Assessment Reporting System

(CPARS) ratings and other credible documentation included on the SF 330. Firms may include brief references to letters of commendation or awards for work performed as part of the descriptive project narrative in Section F of Part 1.

D. Capacity to Accomplish the Work in the Required Time: This evaluation will consider the following: the availability of an adequate number of personnel in key disciplines of the team for effective functioning as a Project Delivery Team (PDT); the experience of the firm (and any consultants) with similar size/type projects; the capacity to provide qualified backup staffing for key personnel to ensure continuity of services; and the capability to provide additional staff to meet unexpected project demands. The design team must demonstrate capability to execute at least two $250,000.00 multidisciplinary contract Task Orders concurrently in a 150-day period and to respond effectively to multiple tasks.

E. Knowledge of the Locality:

Knowledge pertaining to the locality of a specific AFMSA and/or MEDCOM facility:

Provide information demonstrating expertise in geological features, climatic conditions, natural resources, architectural context, and local construction methods, local and state building codes and permit requirements.

F. Equitable Distribution of DoD Contracts.

Volume of DoD Contract Awards for the Last 12 months.

4. SUBMISSION REQUIREMENTS:

Interested Architect-Engineer firms having the capabilities to perform this work are invited to submit Architect-Engineer Qualifications as follows:

A. SF330, Architect-Engineer Qualifications, PART I

PART I OF THE SF330 SHALL NOT EXCEED 100 PAGES. If used, a cover page will not count against the 100 page maximum.

1. A-E Qualifications.

A-E Qualifications must be submitted on SF 330, revised 8/2016. It may be obtained from the

U.S. General Services Administration (GSA) Form Library at the following website:

http://www.gsa.gov/portal/forms/download/116486.

2. DUNS.

Include firm’s DUNS number in SF330 PART I, Section B, Block 5. A DUNS number may obtained by calling Dun and Bradstreet at 866-705-5711 or via the internet at https://fedgov.dnb.com/webform.

3. Contract.

A maximum of ten (10) projects including the prime and consultants will be reviewed.

Use no more than three (3) pages per project. Note: An Indefinite Delivery Indefinite Quantity (IDIQ) with multiple Task Orders is not considered a project. Each individual Task Order executed under an IDIQ contract is considered a project.

4. Submission Format.

a. Provide a Table of Contents and use Tab sheets to separate each section within the SF 330. The Table of Contents and the tab sheets will not count against the maximum page count for PART I.

b. When supplying information for forms, fonts should be Times New Roman no smaller than 12 points.

c. The Organization Chart required in Section D may each be presented on up to two (2)

11”x17” pages. The entire Organization Chart will count as one (1) page.

http://www.gsa.gov/portal/forms/download/116486 https://fedgov.dnb.com/webform

d. The Matrix required in Section G, may each be presented on up to two (2) 11”x17” pages. The entire Matrix will count as one (1) page.

B. SF330, Architect-Engineer Qualifications, PART II

Complete a separate Part II for each branch office of the Prime Firm and any Subcontractors that will have a key role in the proposed contract.

C. SF330 Submittals

Note: To be eligible for contract award, a firm must be registered with the System for Award

Management (SAM). For instructions on registering with SAM, please see the SAM Website at https://www.sam.gov.

Submittals must be received electronically no later than 3:00 P.M. Central Time on Friday, April 23, 2021.

Instructions will be provided in an amendment.

Regulation requires that the Selection Board not consider any submittals received after this time and date. Late proposal rules in FAR 15.208 will be followed for submittals received after 3:00

P.M. Central Time on the closing date specified in this announcement.

D. Bidder Inquiries & Government Responses:

Offerors must submit questions concerning this solicitation into the USACE ProjNet system. ProjNet will be open from the solicitation opening date through Friday, April 16, 2021. The Government will provide a written response to bidder inquiries in ProjNet, however, the Government responses are not official until submitted in the form of an amendment to the solicitation. Any response not provided in the form of an amendment is not considered part of the contract. ProjNet site location:

https://www.projnet.org. The Bidder Inquiry Key is: M5VK4W-BPTMKM. No questions will be answered by phone or e-mail.

E. Contract Clauses:

The following contract clauses will be included in any contract awarded under this announcement.

https://www.sam.gov/ https://www.projnet.org/

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions JUN 2020

52.203-3 Gratuities APR 1984

52.203-5 Covenant Against Contingent Fees MAY 2014

52.203-6 Restrictions On Subcontractor Sales To The Government JUN 2020

52.203-7 Anti-Kickback Procedures JUN 2020

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity

MAY 2014

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014

52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

JUN 2020

52.203-13 Contractor Code of Business Ethics and Conduct JUN 2020

52.203-17 Contractor Employee Whistleblower Rights and Requirement

To Inform Employees of Whistleblower Rights

JUN 2020

52.203-19 Prohibition on Requiring Certain Internal Confidentiality

Agreements or Statements

JAN 2017

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber

Content Paper

MAY 2011

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

JUN 2020

52.204-16 Commercial and Government Entity Code Reporting AUG 2020

52.204-18 Commercial and Government Entity Code Maintenance AUG 2020

52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-22 Alternative Line Item Proposal JAN 2017

52.204-23 Prohibition on Contracting for Hardware, Software, and

Services Developed or Provided by Kaspersky Lab and Other

Covered Entities.

JUL 2018

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

AUG 2020

52.207-3 Right of First Refusal of Employment MAY 2006

52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for

Debarment

JUN 2020

52.209-10 Prohibition on Contracting With Inverted Domestic

Corporations

NOV 2015

52.215-1 Alt I Instructions to Offerors--Competitive Acquisition (Jan 2017) -

Alternate I

OCT 1997

52.215-2 Audit and Records--Negotiation JUN 2020

52.215-8 Order of Precedence--Uniform Contract Format OCT 1997

52.215-10 Price Reduction for Defective Certified Cost or Pricing Data AUG 2011

52.215-11 Price Reduction for Defective Certified Cost or Pricing Data--

Modifications

JUN 2020

52.215-12 Subcontractor Certified Cost or Pricing Data JUN 2020

52.215-13 Subcontractor Certified Cost or Pricing Data--Modifications JUN 2020

52.215-15 Pension Adjustments and Asset Reversions OCT 2010

52.215-17 Waiver of Facilities Capital Cost of Money OCT 1997

52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits

(PRB) Other than Pensions

JUL 2005

52.215-19 Notification of Ownership Changes OCT 1997

ATTACHMENT 1 OF 1

52.215-21 Requirements for Certified Cost or Pricing Data and Data

Other Than Certified Cost or Pricing Data -- Modifications

JUN 2020

52.215-22 Limitations on Pass-Through Charges--Identification of

Subcontract Effort

OCT 2009

52.215-23 Limitations on Pass-Through Charges JUN 2020

52.219-8 Utilization of Small Business Concerns OCT 2018

52.222-3 Convict Labor JUN 2003

52.222-21 Prohibition Of Segregated Facilities APR 2015

52.222-26 Equal Opportunity SEP 2016

52.222-37 Employment Reports on Veterans JUN 2020

52.222-40 Notification of Employee Rights Under the National Labor

Relations Act

DEC 2010

52.222-50 Combating Trafficking in Persons OCT 2020

52.222-53 Exemption from Application of the Service Contract Labor

Standards to Contracts for Certain Services--Requirements

MAY 2014

52.222-54 Employment Eligibility Verification OCT 2015

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011

52.223-6 Drug-Free Workplace MAY 2001

52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

JUN 2020

52.225-13 Restrictions on Certain Foreign Purchases FEB 2021

52.227-1 Authorization and Consent JUN 2020

52.227-2 Notice And Assistance Regarding Patent And Copyright

Infringement

JUN 2020

52.228-5 Insurance - Work On A Government Installation JAN 1997

52.229-3 Federal, State And Local Taxes FEB 2013

52.230-2 Cost Accounting Standards JUN 2020

52.230-6 Administration of Cost Accounting Standards JUN 2010

52.232-1 Payments APR 1984

52.232-8 Discounts For Prompt Payment FEB 2002

52.232-10 Payments under Fixed-Price Architect-Engineer Contracts APR 2010

52.232-11 Extras APR 1984

52.232-13 Notice Of Progress Payments APR 1984

52.232-17 Interest MAY 2014

52.232-23 Assignment Of Claims MAY 2014

52.232-26 Prompt Payment for Fixed-Price Architect-Engineer

Contracts

JAN 2017

52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-1 Disputes MAY 2014

52.233-3 Protest After Award AUG 1996

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004

52.236-24 Work Oversight in Architect-Engineer Contracts APR 1984

52.236-25 Requirements for Registration of Designers JUN 2003

52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.242-4 Certification of Final Indirect Costs JAN 1997

52.242-13 Bankruptcy JUL 1995

52.242-14 Suspension of Work APR 1984

52.242-15 Stop-Work Order AUG 1989

52.243-1 Alt III Changes--Fixed Price (Aug 1987) - Alternate III APR 1984

52.244-4 Subcontractors and Outside Associates and Consultants

(Architect-Engineer Services)

AUG 1998

52.244-6 Subcontracts for Commercial Items NOV 2020

52.246-4 Inspection Of Services--Fixed Price AUG 1996

52.246-25 Limitation Of Liability--Services FEB 1997

52.248-2 Value Engineering--Architect-Engineer MAR 1990

52.249-2 Termination For Convenience Of The Government (Fixed-

Price)

APR 2012

52.249-7 Termination (Fixed-Price Architect-Engineer) APR 1984

52.249-8 Default (Fixed-Price Supply & Service) APR 1984

252.201-7000 Contracting Officer's Representative DEC 1991

252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

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

Contract-Related Felonies

DEC 2008

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7006 Billing Instructions OCT 2005

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

252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Country that is a State Sponsor of

Terrorism

MAY 2019

Section J - List of Documents, Exhibits and Other Attachments

CLAUSES INCORPORATED BY FULL TEXT

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2020)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 541330.

(2) The small business size standard is $16.5 Million.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(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.

( ) 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 will be performed in the United States or its outlying areas.

(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 will be performed in the United States or its outlying areas.

(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 items.

(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 I, II, and

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

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $83,099, the provision with its Alternate II applies.

(D) If the acquisition value is $83,099 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:

[Contracting Officer check as appropriate.]

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

(ii) 52.204-20, Predecessor of Offeror.

(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.

(End of provision)

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 (OCT 2020)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in 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 Items. 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,…