W9128F23R0055 - Solicitation.pdf

SEE ADDENDUM

(No Collect Calls)

W9128F23R0055 15-May-2023

b. TELEPHONE NUMBER

605-945-3401

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 14 Jun 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

ERIN M PATTON

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

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 OR X

SMALL BUSINESSX

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 968818 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

COE OAHE PRJT OFC MNTN SEC

JESSE ROEBUCK

USAED, OMAHACENWO-OD-OA-M

28563 POWERHOUSE RD

PIERRE SD 57501

TEL: 605-945-3413 FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$19,000,000

NAICS:

541380

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 OF70

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.

Section SF 1449 - CONTINUATION SHEET

PERFORMANCE OF WORK STATEMENT

OAHE PROJECT

PERFORMANCE WORK STATEMENT

TRANSFORMER OIL TESTING &

ANALYSIS SERVICES

1. GENERAL

1.1 Scope

The Oahe Project requires a Contractor to perform oil testing and analysis services as described further in this Performance Work Statement (PWS). All testing shall be accomplished in accordance with the standards established by the American Society for Testing and Materials (ASTM).

1.2 Background

The Oahe Project, part of the United States Army Corps of Engineers (USACE), is a Federal hydroelectric plant and dam that creates and delivers reliable, hydroelectric power.

The Oahe powerhouse produces an average of 2.7 billion Kilowatt Hours of electricity a year.

The required services are a key component of Oahe’s Asset Management Program.

Performing oil tests helps determine the reliability, health, and lifecycle of Oahe’s critical assets.

1.3 Location

Services shall be performed at the Contractor’s facility(ies).

1.4 Government Personnel

The Contracting Officer (CO) is the individual executing this contract on behalf of the Government and is responsible for the overall administration of the contract. He/she is the only person authorized to make any changes in the prices, terms, or other conditions of the contract.

The Contracting Officer’s Representative (COR) is responsible for giving the Contractor any special technical instructions or guidance necessary to ensure contract execution. The COR has no authority to alter the terms of conditions of the contract.

The Oahe Project Points of Contact (POC) may also give the Contractor special technical direction/guidance necessary to complete the work; however, they have no authority to alter the terms and/or conditions of the contract.

1.5 Contractor Personnel

The Contractor shall provide a staff of fully qualified chemists and technicians capable of performing and certifying the laboratory oil test results, as required by this PWS.

1.6 Compliance with Regulations

In performing the work required by this Contract, the Contractor shall comply with all applicable Federal, State, and local laws and regulations.

The Contractor shall comply with the latest effective standards promulgated by the Department of Labor, Engineering Manual (EM) 385-1-1 (USACE – Safety and Health Requirements Manual), Occupational Safety and Health Administration, Safety and Health Standards, 29 CFR 1910 and 29 CFR 1925.

1.7 Materials

The Contractor shall provide all materials and supplies to perform the required services, including all oil sampling kits. See paragraph 3.5 below for the procedures and requirements regarding supplying materials.

2. QUALITY CONTROL AND QUALITY ASSURANCE

The Contractor shall perform all services hereunder in compliance with accepted industry standards, guidelines, and practices.

2.1 The Contractor is responsible for quality control and shall utilize its own internal quality control processes in the performance of this contract. The Contractor shall develop and maintain a Quality Control Plan (QCP) to ensure all services are performed in accordance with the Government’s performance standards outlined in the Performance Requirements Summary (PRS) section (Reference Exhibit 1) of this PWS.

2.2 Performance Standards. See PWS Exhibit 1. The PRS is a listing of significant performance objectives with associated performance standards that will be monitored and inspected by Government personnel. Each performance objective represents a critical function as identified by the Government at the time of contract award. The performance standard represents the minimum acceptable level of Contractor performance. The performance objectives and standards represent only the critical components of this Contract, and do not excuse the Contractor from performance of other responsibilities identified in the PWS. All services described in this PWS are subject to inspection/surveillance by the Government.

2.3 Government Surveillance of Contractor Performance. In order to supplement the Contractor’s QCP, Oahe Project personnel will verify Contractor compliance with essential performance requirements. The Government may use various methods to perform surveillance of Contractor performance, including customer input, random sampling, periodic inspection, Contractor reporting, etc.

2.4 Contract Discrepancy Report (CDR). A CDR (PWS Exhibit 2) will be initiated by the CO or COR if, at any time during the performance, the results of Oahe Project’s surveillance show the number of observations of unacceptable performance during the period exceeds the threshold specified in the PRS, and the CO/COR determines that the unacceptable performance was not caused by the Government. Instructions for completing the CDR are as follows:

2.4.1 The COR completes Blocks 1 through 6 and sends the form to the CO. Block 6 must include the PRS number corresponding to the discrepancy, the threshold of that PRS item, the number of discrepancies documented, and the PWS paragraph reference describing the Government’s expectations for that PRS item.

2.4.2 The CO evaluates the CDR, and if appropriate, signs it and sends it to the Contractor with a cover letter requesting a response within a specified number of days.

2.4.3 The Contractor must complete Blocks 7 through 10 and return the CDR to the CO within the specified time period on the cover letter.

2.4.4 Upon receipt of the Contractor’s response, the CO, in consultation with the COR, will evaluate the Contractor’s response and take appropriate action. The CO will document the evaluation in Block 11 and action taken in Block 12.

2.4.5 In most cases, the preferred action is re-performance by the Contractor at no additional cost to the Government. If deduction from payment is the appropriate action, the COR and CO will calculate the payment deduction based on the performance period in which the discrepancy occurred. The deduction is taken from the Contractor’s payment as close as possible to the month in which the discrepancy occurred, but not necessarily the same month. The Government should not withhold payment of an invoice while calculating the deduction.

2.4.6 The COR will complete Blocks 13a and 13b. The CO signs the CDR in Block 13c.

These signatures indicate concurrence with the actions taken.

2.4.7 In the event the CO determines that issuance of a CDR is not appropriate; the CO shall document the contract file indicating.

3. SCOPE OF SERVICES

3.1 General

Testing shall be performed in accordance with ASTM Standards as referenced on the pricing schedule (Attachment B to the Request for Quote).

Contractor shall perform the oil testing as specified by each testing request received with the samples sent for testing. Each sample sent for testing by Oahe Project shall identify:

Oahe Project Asset Number, If the testing/reporting is Routine, Expedited, Same Day (see Section 3.3 below) The type(s) of test(s) to be performed (as identified by the Contract Line item on pricing schedule) and Email address the results shall be delivered to (see Section 3.5.1.2 below)

3.2 Minimum Qualifications

Contractor and any Subcontractor working on this contract shall have a minimum of five years of experience in performing tests in accordance with ASTM Standards as referenced on the pricing schedule (Attachment B to the Request for Quote).

3.3 Testing Procedures/Timing

The Contractor shall perform oil testing and analysis services for transformer oil samples as follows:

3.3.1. Routine (non-expedited) Testing Upon receipt of annual batches of samples, the Contractor shall perform the requested test/analyses and the results shall be received by Oahe Project within 14 calendar days of receip of samples/request for testing

3.3.2. Expedited Testing. Oahe Project may require expedited testing from time to time due to emergency circumstances. Results on expedited Orders shall be received by Oahe Project within 24 hours of Contractor’s receipt of samples/testing request.

Tests that are not available for expedited testing shall be notated by the Contractor at time of quotation.

3.3.3. Same Day Testing. Oahe Project may require “same-day” testing and results.

Samples requiring same-day results that are marked “same-day”, that are received by 10:00 a.m. at Contractor’s facility, shall be processed and the results provided to Oahe Project the same-day. Tests that are not available for same day testing shall be notated by the Contractor at time of quotation.

3.4. Automated Sample Tracking System

3.4.1.Contractor shall provide an automated tracking system that allows Oahe Project personnel to view in “real-time” the current status of their submitted sample.

3.4.1.1. Status parameters shall include, at a minimum: Contractor receipt date, testing completion date, results reported date.

3.4.2.The automated tracking system shall link the Oahe Project asset number to the submitted sample.

3.5. Reporting/Results/Recommendations

3.5.1 Contractor shall provide the oil testing and analysis results and data in all the formats/delivery methods listed below, an in accordance with the time frames outlined in section 3.3 above:

3.5.1.1 Excel Spreadsheet (XLSX) Format via email to the requestor and the COR and other required parties (list shall be provided after award).

3.5.1.2 Adobe Portable Document Format (PDF) Format via email to the requestor and the COR and other required parties (list shall be provided after award).

3.5.2 All results shall reference the applicable Oahe Project Asset Number(s) identified for each sample contained in the Order.

3.5.3 All results should include previous testing results for trend analysis, up to at least the last five, if available, so that trending may be more easily identifiable. Government will furnish previous reports so that they may be included at the beginning of the contract.

3.5.4 Recommendations: When providing results to Oahe Project in accordance with

3.5.1.2 above, the following information shall be included in addition to the results of the requested test:

3.5.4.1 Specific Results analysis that addresses any deficiencies or concerns (based upon the current test results).

3.5.4.2. Testing interval recommendations based (based upon the current test results)

3.5.4.3 Any other recommended testing in accordance with current industry standards (based upon the current test results).

3.6. Sample/Test Supply Kits

The Contractor shall supply clean and ready-to-use (“Supply Kits”) with the necessary equipment to collect transformer oil samples for the specified testing identified as part of the Contract. Price of these supply kits shall be at no additional cost to the Government.

Upon contract award, the Contractor shall provide a point of contact, name, email address and phone number for Oahe Project personnel to request sample kits.

The Contractor shall provide an initial supply of Supply Kits. All Supply Kits shall be sent by the Contractor to Oahe Project, FOB Destination.

The initial supply of Supply Kits shall be shipped within fifteen (15) calendar days of contract award and shall be in an amount needed to collect samples for the tests required in the Base Quantity. Oahe Project will request additional Supply Kits from the Contractor as needed. Oahe Project may request sample/test supply kits on a routine or expedited basis. Routine sample/test kits shall be delivered to Oahe Project within seven (7) calendar days of Oahe Project’s request. Expedited sample/test kits will be delivered within two (2) business days of Oahe Project’s request. Oahe Project POCs may request Supply Kits via email or telephone.

4. YEARLY TASK ORDER/ORDERING AND SAMPLE TESTING REQUESTS

SUBMISSION PROCEDURES

A Task Order will be issued for each contract year. Each task order will be funded with a Not to Exceed (NTE) amount. Amounts not used will be de-obligated from the Task Order.

Oahe Project personnel will forward samples for testing to the Contractor as needed. Oahe Project personnel are authorized to send samples for testing directly to the Contractor without Contracting Officer (CO) pre-authorization.

5. MONTHLY INVOICING/TRACKING

Monthly invoicing is authorized and required for months in which services were utilized the prior month. Contractor shall submit one itemized invoice per month when required. Only one invoice per month is allowed. Monthly invoices shall be submitted by the 15th day of the month following the month the testing was performed.

Each invoice shall include a detailed listing of all tests performed during the previous month with each test identified by CLIN and by Oahe Project Asset Number, as well as the total invoice amount. Each monthly invoice shall include, at a minimum:

1. Test ordered or item ordered (identified by CLIN)

2. Oahe Project Asset Number

3. Oahe Project personnel who made the request

4. Routine, Expedited, or Same Day

5. Price

Contractor shall notify the CO in writing when any task order has expended 75% of the funded/authorized amount on each yearly task order.

6. PWS EXHIBITS

The exhibits listed below are attached to and incorporated into this PWS.

Exhibit 1: Performance Requirements Summary (PRS). The purpose of the PRS is to communicate the Government’s quality expectations and the process to evaluate the

Contractor’s performance.

Exhibit 2: Contract Discrepancy Report (CDR)

[REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]

EXHIBIT 1

PERFORMANCE REQUIREMENTS SUMMARY

Performance Objective

PWS

Section

Performance Standard

Compliance with laws and regulations 1.6 100% of the services/tasks will be performed in accordance latest effective standards promulgated by the Department of Labor, Occupational Safety and Health Administration, Safety and Health Standards, 29 CFR 1910 and 29 CFR 1925. 100% of the services/tasks shall be performed in accordance with all applicable Federal, State, and local safety and health and environmental laws, regulations, and requirements.

Tests are performed in accordance with the appropriate ASTM standard

3.1 No more than one (1) validated instance per

month of testing utilizing the inappropriate standard.

Delivery of Test Results within the required timeframe

3.3 and 3.5 No more than two (2) validated instances per quarter of results not being received/delivered within the established timeframes.

Delivery of Sample/Test Kits within the required timeframe

3.6 No more than two (2) validated instances per

quarter of supply kits not being received/delivered within established timeframes

Automated Sample Tracking System 3.4 No more than two (2) validated instances per quarter of Contractor errors in automated tracking system.

Monthly Invoicing/Tracking 4 No more than two (2) validated instances per contract year that invoices were not promptly submitted or had errors.

W9128F23R0055

EXHIBIT 2

Contract Discrepancy Report

Contract Number: 1. Report No. for this Discrepancy:

Contractor’s Name: 2. From: (Name of Contracting Officer representative)

Dates

3. Prepared: 4. Returned by

Contractor:

5. Action Complete:

6. Discrepancy or Problem: (Describe in detail; include reference to PWS directive; attach continuation sheet, if necessary):

Signature of CO:

7. To: (Contracting Officer) 8. From: (Contractor)

9. Contractor Response as to Cause, Corrective Action and Actions to Prevent Recurrence (Attach Continuation Sheet if Necessary)

10. Signature of Contractor Representative: Date:

11. Government Evaluation:

12. Government Actions:

13 Close Out Name Title Signature Date

(13a) Contractor Notified

(13b) COR

(13c) CO

PRICE SCHEDULE

Price Schedule Instructions: Please submit prices for all items

Test Description Per Unit

Price Rate by Year

2023 2024 2025 2026 2027 2028

DGA ASTM D3612* Sample

Moisture Content ASTM D1533 Sample

Interfacial Tension ASTM D971 Sample

Acid Number ASTM D974* Sample

Color Number and Visual Examination ASTM D1500 or D1524*

Sample

Dielectric Breakdown ASTM D1816* Sample

Relative Density ASTM D4052 Sample

Power Factor 25C ASTM D924* Sample

Oxidation Inhibitor ASTM D2668 Sample

Expedited Analysis Surcharge Sample

Same Day Analysis Surcharge Sample

*NERC Required

NOTES:

1. The Testing Rates in the above Price Schedule are binding upon contract award for any firm-fixed-price (FFP) task orders. This testing rate shall include all labor, tools, transportation/shipping, materials, and equipment necessary to provide requested transformer oil analysis as listed in Part 3 “Scope of Services.”

2. The binding rates represent the maximum testing rates the contractor shall use when responding to a Request for Task Order Proposal (RTOP) issued by the Government. These binding rates shall also apply to any and all modifications issued against the task order. The contractor may propose a lower test rate when responding to the RTOP or modification based upon the tasks within the RTOP or modification requests.

3. The maximum rates shall be governed by the effective date of the task order. The binding rates will be based upon a calendar year (1 January – 31 December), unless otherwise negotiated between parties.

ORDERING INSTRUCTIONS

Task Order Ordering Instructions

This solicitation is being advertised as a Firm-Fixed Price (FFP) procurement.

See clause 52.212-2 Evaluation-Commercial Products and Commercial Services for specific information to be submitted with your quote.

The quoter must provide pricing for all items in the solicitation for its quote to be acceptable to the Government. All quoted items must meet the requirements of the Request for Price (RFP). Multiple quotes are not accepted for this RFP. If multiple quotes are received only one quote (as determined by the Contracting Officer, will be evaluated by the Government. The quote shall be determined acceptable based on the date and time received. The contractor should list any special features or warranty information applicable to the quoted product(s).

1. REPRESENTATIONS AND CERTIFICATIONS CONTAINED HEREIN MUST BE COMPLETED BY

QUOTERS AND RETURNED WITH THE PRICE SCHEDULE:

2. Request for Quote No.: W9128F23R0055

3. North American Industry Classification System (NAICS) code, small business size standard and Product Service Code (PSC).

The NAICS code (541380) and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449).

The PSC is H230.

4. Emails shall be accepted before closing at erin.m.patton@usace.army.mil. For questions call 605-945-3401.

Make the Subject line: W9128F23R0055 – OA Transformer Oil Sample Analysis

5. Availability of Funds Per IAW AFARS 5132.702 funds are subjected to availability. See clause 52.232-18 Availability of Funds.

6. Contracting Officers in the U.S. Army Corps of Engineers, Northwestern Division, Omaha District (CENWO) is the Procurement Contracting Office, and no other agency can make changes to the base contract. Any warranted Contracting Officer within the U.S. Army Corps of Engineers Omaha District may make modifications to this contract, and/or may execute task orders against it in accordance with the terms of the contract.

7. Orders against this contract will utilize SF 1449.

8. Orders against this contract may be placed using pre-negotiated prices/rates, a price negotiated prior to task order award, or a combination of both. Response times to Requests for Task Order Proposals (RFTOP) will be determined at the time the RFTOP is issued.

9. The place of performance for orders placed against this contract are restricted to Oahe Dam location and its supported areas as described in the PWS.

10. The Government may place orders that describe its requirement using performance-based service acquisitions, statements of work, statements of objectives, fully designed specifications, or whatever method chosen by the Government at its sole discretion.

11. All orders against this contract will be treated as commercial services.

12. Orders may be issued from date of award for up to the last day of the period of performance of the parent contract, but not after. The period of performance for the task order may exceed the period of performance of the parent contract. All task orders are subject to the terms and conditions of the base contract. In the event of conflict between a task order and the base contract, the base contract shall control. Funds will be furnished for individual task orders, as required, task orders will be Firm-Fixed Price (FFP).

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Job OA Transformer Oil Sample Analysis

FFP

The Oahe Project requires a Contractor to perform oil testing and analysis services as described further in this Performance Work Statement (PWS), Delivery Orders, and price Schedule. All testing shall be accomplished in accordance with the standards established by the American Society for Testing and Materials (ASTM).

FOB: Destination

PSC CD: H230

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-AUG-2023 TO

31-JUL-2028

N/A COE OAHE PRJT OFC MNTN SEC

JESSE ROEBUCK

USAED, OMAHACENWO-OD-OA-M

28563 POWERHOUSE RD

PIERRE SD 57501

605-945-3413 FOB: Destination

968818

CLAUSES INCORPORATED BY REFERENCE

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 System for Award Management Maintenance OCT 2018 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

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations--Representation

NOV 2015

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

FEB 2016

52.217-5 Evaluation Of Options JUL 1990 52.222-22 Previous Contracts And Compliance Reports FEB 1999 52.222-25 Affirmative Action Compliance APR 1984 52.222-35 Equal Opportunity for Veterans JUN 2020 52.222-36 Equal Opportunity for Workers with Disabilities JUN 2020 52.222-37 Employment Reports on Veterans JUN 2020 52.223-20 Aerosols JUN 2016 52.225-25 Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran-- Representation and Certifications.

JUN 2020

52.232-11 Extras APR 1984 52.232-18 Availability Of Funds APR 1984 52.232-23 Assignment Of Claims MAY 2014 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

MAR 2023

52.244-6 Subcontracts for Commercial Products and Commercial Services

MAR 2023

52.249-1 Termination For Convenience Of The Government (Fixed Price) (Short Form)

APR 1984

52.249-8 Default (Fixed-Price Supply & Service) APR 1984 52.253-1 Computer Generated Forms JAN 1991 252.201-7000 Contracting Officer's Representative DEC 1991 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 252.203-7005 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

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

DEC 2019

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

MAY 2021

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

JAN 2023

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements MAR 2022 252.204-7020 NIST SP 800-171 DoD Assessment Requirements JAN 2023 252.204-7024 Notice on the Use of the Supplier Performance Risk System MAR 2023 252.225-7012 Preference For Certain Domestic Commodities APR 2022 252.225-7048 Export-Controlled Items JUN 2013 252.225-7974 (Dev) Representation Regarding Business Operations with the

Maduro Regime (DEVIATION 2020-O0005)

FEB 2020

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

252.243-7999 (Dev) Section 3610 Reimbursement. (DEVIATION 2020-O0021) AUG 2020 252.244-7000 Subcontracts for Commercial Products or Commercial

Services

JAN 2023

252.246-7003 Notification of Potential Safety Issues JAN 2023 252.247-7023 Transportation of Supplies by Sea JAN 2023

CLAUSES INCORPORATED BY FULL TEXT

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

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

Commercial and Government Entity (CAGE) code means—

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

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

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

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

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

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

Immediate owner CAGE code:

Immediate owner legal name: ___

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

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

[ ___ ] Yes or [ ___ ] No.

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

Highest-level owner CAGE code:

Highest-level owner legal name:

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

(End of provision)

52.204-20 Predecessor of Offeror (AUG 2020)

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

Commercial and Government Entity (CAGE) code means--

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

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

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

(b) The Offeror represents that it [____] is or [____] is not a successor to a predecessor that held a Federal contract or grant within the last three years.

(c) If the Offeror has indicated “is” in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):

Predecessor CAGE code: ____ (or mark “Unknown”).

Predecessor legal name: ____.

(Do not use a “doing business as” name).

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

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

(a) Definitions. As used in this provision-

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

(b) Prohibition.

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

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

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

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

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

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

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

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

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

(d) Representations. The Offeror represents that--

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

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

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

(e) Disclosures.

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

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

2020)

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

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

(c) Representations.

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

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

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

COMMERCIAL SERVICES (MAR 2023)

The following information is required with quotation submission:

Unique Identification Number: ______________________

Cage Code Number: ______________

This requires registration in SAM, web site for registration is www.sam.gov.

Remit to Address: _______________________________________

Company Name: ________________________________________

DBA Name: ____________________________________________

Address: _______________________________________________

City/State/Zip: __________________________________________

Phone & Fax Numbers: ___________________________________

Point of Contact: ________________________________________

E-Mail Address: _________________________________________

(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 541380, 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; W9128F23R0055

(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) Reserved.

(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…