W9128F23Q0101.pdf

SEE ADDENDUM

(No Collect Calls)

W9128F23Q0101 12-Sep-2023

b. TELEPHONE NUMBER

404-995-2457

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 15 Sep 2023

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W9128F9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

ANN M CALVIN

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

W59XQG31573787

ARE NOT ATTACHED

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

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

U.S. ARMY CORPS OF ENGINEERS, OMAHA DIST

CONTRACTING OFFICE

1616 CAPITOL AVENUE

OMAHA NE 68102-4901

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

NAICS:

212319

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

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

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF19

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W9128F23Q0101

Section SF 1449 - CONTINUATION SHEET

CONTRACT REQUIREMENTS

STATEMENT OF WORK

FOR

SUPPLY AND DELIVER QUARRIED STONE

ONTO GOVERNMENT OWNED BARGES

INDEX

1. General Information

2. Stone Material Specifications

3. Required Testing

4. Stone Requirements

5. Stone Delivery

6. Measurement of Materials (Tons)

7. Payments

1. GENERAL INFORMATION

1.1. General: This is a Firm-Fixed-Price (FFP) Contract to supply, deliver, and load 6,000 tons of quarried stone onto government owned barges as defined in this Statement of Work (SOW) for the U.S. Army Corps of Engineers (USACE) Omaha District.

1.2. Objective: The primary objective is to supply and deliver 6,000 tons of quarried stone onto government owned barges as defined in this SOW for the operation and maintenance of approved structures of the Missouri River Recovery Program and Bank Stabilization Navigation Project through the remainder of the 2023 flow support season.

1.3. Place of Performance: The Missouri River between river mile 627 near Omaha, NE, and river mile 734 near Sioux City, IA.

1.4. Period of Performance: The initial order of 1,000 tons of stone must be delivered and ready for loading onto government barges no later than the week of 2 October 2023.

The contractor shall load subsequent deliveries onto government barges with a notice of three (3) days and shall maintain the capability to deliver and load up to 1,000 tons of stone per week on an intermittent and as-needed basis. The period of performance for the total amount of the supply and deliver of quarried stone onto government barges is 45 days. See Section 2.5 for submittal of stone quality requirements.

1.5. Hours of Operation: The Contractor shall be required to supply and deliver material during normal duty hours of work, 7:00 a.m. to 3:30 p.m., Monday through Fridays, except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. Loading of government barges is expected to take place during the navigation flow support season which typically runs April 1 through November 30 each year. Intermittent loading outside this period may take place if acceptable to both parties and river conditions allow.

1.6. Recognized Holidays: The Contractor will not be required to supply and deliver material on Federal Holidays, unless agreed upon by both the Contractor and Contracting Officer.

The Federal Holidays include:

New Year’s Day Labor Day Martin Luther King Jr.’s Birthday Columbus Day President’s Day Veterans Day Memorial Day Thanksgiving Day Juneteenth Christmas Day Independence Day

1.7. Contracting Officer’s Representative (COR): The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions:

a. Assures the Contractor performs the technical requirements of the contract.

b. Performs inspections necessary in connection with contract performance.

c. Maintains written and oral communications with the Contractor concerning technical aspects of the contract.

d. Monitors the Contractor's performance and notifies both the Contracting Officer and

Contractor of any deficiencies.

However, the COR is NOT authorized to make any changes of the terms and conditions of the contract.

1.8. Post Contract and Periodic Progress Meetings: The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The Contracting Officer, COR, and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance and or performance requirements. At these meetings the contracting officer or COR will apprise the contractor of how the government views the contractor's performance and the contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government.

2. STONE MATERIAL SPECIFICATIONS

2.1. Source: The Contractor shall submit the location of material sources for stone in accordance with these specifications. The locations shall be described to the quarter-quarter section and shall be clearly delineated on a map with a scale of one (1) inch equal 2,000 feet. The map shall also indicate roads and distances to the nearest cities or towns, which would appear on typical highway maps.

2.2. Description: Whenever "stone" is specified in this contract, it shall be durable quarried stone approved by the COR and shall conform to all requirements of this statement of work. The Contractor shall submit samples of stone at the location of the sources of materials in accordance with this statement of work. In addition to the sampling and test results or service test records required of the Contractor, the COR reserves the right to inspect the material source and require additional samples of stone material to be submitted, selected by the COR for evaluation and approval prior to delivery of material, except for test purposes. These samples, identified by specific location and specific geologic formation shall be obtained by the Contractor and delivered at his expense to a point designated by the COR. The above inspection and sampling may be repeated any time the Contractor changes the location of geological formation from which the material is coming. The Contractor shall not be granted an extension of time or extra compensation due to any delay caused by sampling, testing, approval, or disapproval of stone material under the requirements of these specifications.

2.3. Stone Requirements: The stone shall consist of quarried stone meeting the quality requirements of these specifications. Neither the breadth nor the thickness of any piece of stone shall be less than one-third of its length. The pieces shall be angular in shape, free from rounded and sub rounded material. Angular stone is defined as having a minimum of three (3) major flat surfaces with sharp angles between the surfaces. Stone shall be reasonably well graded from coarse to fine. Quarry operation shall be controlled to produce a reasonable well graded stone of the required size, and the COR may require changes as necessary to produce the required product. Fines of less than one half inch maximum cross section, accumulated from interledge layers or from blasting or handling operations or breaking shall not exceed five (5) percent by weight.

The “COE Special” stone shall be reasonably well graded between the following limits:

Table 1 – COE Special Gradation Requirement Percent Lighter by Weight

Weight in Pounds (lbs.) Size in Approximate Spherical Diameter (in)

Maximum Minimum Maximum Minimum 100 750 460 25 21 90 410 20 50 350 220 19 16 30 138 14 15 200 43 16 10

Tests to determine the quantity of fines less than one half inch maximum cross section shall be performed by the Contractor and inspected by the COR using approved methods. A representative sample consisting of not less than twelve (12) tons shall be tested at the start of quarry operations and at intervals during the production as directed by the COR, except that not less than one and not more than three acceptable tests will be required from each source. Results of the field tests shall be furnished to the COR. If the material fails to meet these requirements, the Contractor shall adjust the quarry operations to ensure the quantity of fines does not exceed the requirements of these specifications.

The stone shall be tested in accordance with this specification and meet the following requirements:

Table 2 – Stone Quality Requirement

Description Bulk Specific

Gravity (Min. at SSD)

Soundness in Magnesium Sulfate

(Max. % combined loss)

Soundness in Freeze/Thaw (Max. % loss after 20 cycles)

COE

Special

2.5 g/cm3 10% Any individual specimen: 15%

Average of all three samples: 10%

2.4. Sampling and Testing Requirements: The Contractor shall be responsible for all sampling and testing specified herein. Upon request, furnish duplicate samples of test specimens to the COR for possible verification testing by the Government. All samples including samples taken during production shall be representative of the stone material furnished. Samples shall be taken in accordance with ASTM D 75 or other approved method. No rock shall be furnished from any source which has not been sampled, tested, and approved.

2.5. Initial Sampling and Testing: Complete test results performed within the previous twelve (12) months shall be submitted prior to the initial delivery of stone to confirm stone quality requirements. Tests for bulk specific gravity, soundness in magnesium sulfate, soundness in freezing and thawing, and gradation field tests shall be performed on samples of material obtained from each ledge of proposed stone material prior to contract award. Test results shall describe type of failure of the discrete particles and include the name of the owner of the quarry and the legal description.

2.5.1. Acceptability of Previous Test Results: Previously conducted test results submitted by the Contractor that are dated within twelve (12) months from the initial delivery may be accepted by the Contracting Officer. Acceptable tests must have been conducted from an active quarry ledge with sampling and testing conducted by a validated lab. Quarries with limited use data, poor historic test results, conflicting results, sampling methods and sizes that do not conform to test standards, and similar will be considered when requesting additional testing. The Contracting Officer may require new tests without justification at any time during contract performance.

3. REQUIRED TESTING

3.1. Bulk Specific Gravity: Bulk specific gravity shall be computed in accordance with ASTM C 127/ASTM C 128 except that the total sample shall weigh 5,000 grams +/-2 percent and individual particles shall weigh approximately 300 grams each. Stone protection material shall be tested in a saturated surface-dry (SSD) condition. The computed bulk specific gravity so determined shall not be less than what is shown in Table 2 above.

3.2. Soundness in Magnesium Sulfate: Soundness in magnesium sulfate shall be determined according to ASTM C 88 with test modifications as listed below. The combined loss at five cycles shall be not more than the percent shown in Table 2 above. The test report shall show the percentages of loss calculated as described herein and the number of pieces affected, classified as to number disintegrating, splitting, crumbling, cracking, flaking, etc.

3.3. Sample: The sample shall be prepared by breaking it into fragments reasonably uniform in size and shape and weighing approximately 100 grams each. The test sample shall weigh 5,000 grams +/- 2 percent. The sample shall be thoroughly washed and dried before test as described for coarse aggregate. The samples immersed in the solution shall be maintained at a temperature of 80 degrees F +/- 2 degrees F for the immersion period.

3.4. Quantitative Examination: At the end of the fifth cycle, the percentage loss shall be determined by the three (3) following methods. The test report shall show the loss computed by each method; however, only the combined loss shall be used for acceptance or rejection of the material.

a. Loss by Breaking: An individual piece which has broken or split into three (3) or more fragments shall be considered to have failed the test, provided each of the three such fragments is at least ten (10) percent of the original piece by weight. The total original weight of all pieces failing the test, expressed as percentage of the total original weight of the sample, shall be considered as percentage loss by breaking.

b. Loss by Crumbling and Flaking: After the loss by breaking has been determined, the pieces that have not failed in that determination shall be screened on the half inch sieve and the material retained on the sieve shall be weighed for purposes required to determine combined losses. The pieces which have failed by breaking shall then be added to the material remaining on the half inch sieve and screened. The difference between the total original weight of the sample and the total weight of the material retained on the half inch sieve expressed as percentage of the total original weight, shall be considered as percentage loss by crumbling and flaking.

c. Combined Loss: The difference between the total original weight of the material retained on the half inch sieve, after screening the pieces which did not fail by breaking, expressed as percentage of the total original weight, shall be considered as percentage combined loss.

d. Report: The report for the stone shall show the percentages of loss calculated as described herein before and the number of pieces affected, classified as to number disintegrating, splitting, crumbling, cracking, flaking, etc.

4. STONE REQUIREMENTS

4.1. The Soundness in Freezing and Thawing-Method for Riprap Rock: The test for freezing and thawing shall consist of CRD-C 144, Standard Test Method for Resistance of Rock to Freezing and Thawing. The test shall be performed on a minimum of three (3) specimens, and the maximum loss at twenty (20) cycles for each individual specimen shall not exceed the percent shown in Table 2 above. The test report submitted for approval shall contain information as required by CRD-C 144.3.4.4 Gradation Field Tests.

4.2. Sample: Rock source samples shall be collected that are representative of the desired rock gradation with a minimum size of twelve (12) inches in any dimension and 25,000 grams (55 pounds). Prepared specimens subjected to testing should be as large as possible, up to the capacity of pans used for the test and shall be at least 5,000 grams (11.0 pounds).

4.3. Stone Requirements: Gradation Field Tests: Tests to determine the number of fines of less than one-half inch maximum cross section and to determine the gradation of the quarried stone material shall be performed by the contractor and inspected by the COR under approved methods. A representative sample, consisting of not less than twelve (12) tons, shall be tested at the beginning of operations and at intervals during the period of performance, as directed. A total of three acceptable tests shall be required from each different source of stone material and for each specified gradation. These tests shall be performed at the quarry prior to delivery of the stone. The test shall be conducted immediately upon request of the COR. The Contractor shall plot the results of each test for gradation in relation to the gradation limits envelope specified.

The plots shall be made on Engineering Form 4055, furnished by the COR, or on a similar form.

Results of the field test and the plots shall be furnished to the COR prior to delivery of the stone.

If at any time the material fails to meet the requirements, the Contractor shall adjust his operations to control the number of fines to meet the specifications.

5. STONE DELIVERY

5.1. Delivery Location(s): Stone materials shall be delivered and loaded onto government barges along the Missouri River at one (1) acceptable loading dock/area location between river mile 627 near Omaha, NE, and river mile 734 near Sioux City, IA.

5.2. Delivery Method: The acceptable loading dock/area shall provide a minimum of seven

(7) foot draft at any time, be accessible by all-weather public roads, be secure from public access, and have an acceptable staging/mooring area for loaded and unloaded barges within a quarter mile from loading the location. A secure area for staging government vehicles shall be provided. The loading location shall not change and must remain constant during the duration of the contract unless otherwise approved by the COR. The contractor shall load the barges level and symmetrically by a process that will not cause damage to the government barges by equipment or falling stone. The contractor shall provide the required material handling equipment and trained operators to load the stone.

6. MEASUREMENT OF MATERIALS (TONS):

6.1 Barge Displacement Method: The weight of stone loaded on each barge shall be determined by barge displacement. The measurements will be made by the Government Inspector using barge displacement tables provided by the government. The contractor’s representative shall be present for all measurements. The records shall be signed by both the government inspector and contractor’s representative. The government will provide records of barge displacement readings of each barge to the contractor. Discrepancies in displacement readings shall be brought to the attention of the COR or Contracting Officer.

6.2 Barge Marking: Each government owned barge on which stone is loaded is suitably marked at each displacement gaging point along each side of the barge. The barge name or number is affixed to the deck and sides of the barge, both fore and aft, and is of sufficient size and legibility so as to be plainly seen and read.

6.3 Each loaded barge shall not be unloaded or moved from the loading site until all necessary measurements are made for determining quantities loaded.

7. PAYMENTS:

7.1 Payments: Payments will be made after receipt of a proper invoice or receipt of acceptable supplies, whichever is later, but not more than monthly and in accordance with FAR 52.212-4. For quality assurance, invoices will be compared to signed displacement readings completed during delivery. The acceptable tolerance for invoices is within 2.5% of measurements obtained from barge displacement readings. The contractor is required to include the contract number, date loaded, barge number loaded, total tons loaded on all invoices so that receipt and payment for the item or service may be expeditiously processed. Send invoices to Jeremiah J. Szynskie at jeremiah.j.szynskie@usace.army.mil.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 6,000 Net Ton

(2,000

LB).

Rock Supply

FFP

The primary objective is to supply and deliver 6,000 tons of quarried stone onto government barges as defined in this SOW for the operation and maintenance of approved structures of the Missouri River.

Location of Delivery Point: _________________________________________

FOB: Destination

PURCHASE REQUEST NUMBER: W59XQG31573787

PSC CD: 5610

NET AMT

CLAUSES INCORPORATED BY FULL TEXT

Addendum; Instructions to Offerors—Commercial Items

Please provide the following information with your proposal:

Company’s Name as it appears on SAM:

Company’s Address as it appears on SAM:

CAGE CODE:

DUNS:

TIN:

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF1449, letterhead stationary, or as otherwise specified in the solicitation. Offers must be submitted electronically, unless other arrangements have been made. Send completed offers to Ann M. Calvin at ann.m.calvin@usace.army.mil . As a minimum, offers must include with their quotation:

(1) The solicitation number;

(2) The name, address, federal tax identification, email, and telephone number of the offeror;

(3) Names, title, email, and telephone number of persons authorize to negotiate and sign the proposal;

(4) N/A

(5) A statement specifying agreement will all terms, conditions and provisions included in the solicitation.

Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration;

(6) Acknowledgement of Solicitation Amendments, if applicable;

(7) N/A

(8) N/A

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 90 calendar days.

(d) Questions. All questions pertaining to this combined synopsis and solicitation shall be in writing, directed to the attention of Ann M. Calvin at ann.m.calvin@usace.army.mil. All questions shall be submitted not later than seven (7) calendar days prior to the proposal due date, in order to ensure adequate time is allotted for form an appropriate response and if needed, amend the solicitation. Offerors are requested to review the solicitation in its entirety for answers to questions, prior to submitting a new question.

(e) Insurance Required (FAR 52.228-5): In accordance with FAR 28.307-2, “Liability,” the contractor shall procure the following minimum insurance:

Type Amount Workman’s Compensation and Employer’s Liability Insurance $100,000 General Liability Insurance $1,000,000 per occurrence

And, when automobiles are used in connection with performing the contract:

Type Amount Automobile Liability Insurance $200,000 per person Bodily Injury $500,000 per occurrence Property Damage $20,000 per occurrence

And, when aircraft is used in connection with performing the contract:

Type Amount Aircraft Public and Passenger Liability Insurance $200,000 per person Bodily Injury (other than passenger injury) $500,000 per occurrence Property Damage $200,000 per occurrence

Passenger Liability Bodily Injury $200,000 multiplied by the number of seats or passengers, whichever is greater

And, when contract performance involves use of vessels, the Contracting Officer shall require, as determined by the agency, vessel collision liability and protection and indemnity insurance. The contractor is responsible for contacting the state for compliance with its workman’s compensation laws.

(f) State and Local Taxes:

The U.S. Army Corps of Engineers is exempt from paying state and local taxes per Title 4 United States Code 104-

107. The U.S. Army Corps of Engineers Tax ID Number is 62-1642142. Contractors performing services for the U.S. Army Corps of Engineers are not exempt from state and local taxes in transactions with vendors, suppliers or subcontractors.

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 22-SEP-2023 TO

13-NOV-2023

N/A N/A

FOB: Destination

CLAUSES INCORPORATED BY REFERENCE

52.203-6 Alt I Restrictions On Subcontractor Sales To The Government

(JUN 2020) -- Alternate I

NOV 2021

52.204-7 System for Award Management OCT 2018 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUN 2020

52.204-13 System for Award Management Maintenance OCT 2018 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-21 Basic Safeguarding of Covered Contractor Information Systems

NOV 2021

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

NOV 2021

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

OCT 2018

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law

FEB 2016

52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services

DEC 2022

52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns

OCT 2022

52.219-8 Utilization of Small Business Concerns OCT 2022 52.219-28 Post-Award Small Business Program Rerepresentation MAR 2023 52.222-3 Convict Labor JUN 2003 52.222-19 Child Labor -- Cooperation with Authorities and Remedies DEC 2022 52.222-50 Combating Trafficking in Persons NOV 2021 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

JUN 2020

52.225-1 Buy American--Supplies OCT 2022 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

MAR 2023

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 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.203-7003 Agency Office of the Inspector General AUG 2019 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

SEP 2022

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7008 Compliance With Safeguarding Covered Defense Information Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

JAN 2023

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

JAN 2023

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

JAN 2023

252.219-7003 Small Business Subcontracting Plan (DOD Contracts) DEC 2019 252.223-7008 Prohibition of Hexavalent Chromium JAN 2023 252.225-7048 Export-Controlled Items JUN 2013 252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic

Enterprises, and Native Hawaiian Small Business Concerns

JAN 2023

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

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

Personnel

JAN 2023

252.243-7002 Requests for Equitable Adjustment DEC 2022 252.244-7000 Subcontracts for Commercial Products or Commercial

Services

JAN 2023

252.247-7023 Transportation of Supplies by Sea JAN 2023

CLAUSES INCORPORATED BY FULL TEXT

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

(MAR 2023)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition--

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

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

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

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

(1) The solicitation number;

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

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

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

(5) Terms of any express warranty;

(6) Price and any discount terms;

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

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

(9) Acknowledgment of Solicitation Amendments;

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

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

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

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

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with FAR subpart 4.10), or alternative commercial products or commercial services for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Additional copies will be issued for a fee.

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

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

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

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

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

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

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

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

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

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

(k) Reserved.

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

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

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

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

(4) A summary of the rationale for award;

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

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

(End of provision)

52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and delivery location will be considered.

An overall low price will be calculated after the government applies a cost factor to the quoted unit prices based on its internal cost for transportation to the proposed point of delivery.

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

(End of provision)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEVIATION 2018-

O0021) (JUN 2023)

(a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph

(a) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(b)(1) Notwithstanding the requirements of any other clauses of this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b) (1) in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L.

117-328).

(vi) 52.219-8, Utilization of Small Business Concerns (OCT 2022) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vii) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(viii) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

(ix) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212).

(x) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

(xi) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

(xii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O.

13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xiii) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

(xiv)(A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

(B) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xv) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xvi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services- Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xvii) 52.222-54, Employment Eligibility Verification (MAY 2022) (E.O. 12989).

(xviii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).

(xix) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

(xx)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xxi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxiii) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.

(xxiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)