W9128F24Q0030_MRPO Rock.pdf

SEE ADDENDUM

(No Collect Calls)

W9128F24Q0030 26-Feb-2024

b. TELEPHONE NUMBER

402-995-2612

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 12 Mar 2024

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

ROBERT J TURNER

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

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 966574 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 MISSOURI RIVER PROJECT OFFICE

JEREMY SZYNSKIE

USAED, OMAHACENWO-OD-MR

9901 PERSHING DRIVE

OMAHA NE 68112-1547

TEL: 402-996-3769 FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

NAICS:

212311

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 OF24

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.

W9128F24Q0030

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 30,000 Actual

Tons

Quarried Rock

FFP

Contractor shall supply and deliver 30,000 tons of quarried stone as defined in the

Specifications listed below.

FOB: Destination

PSC CD: 5610

NET AMT

PERFORMANCE WORK STATEMENT

SPECIFICATIONS

FOR

SUPPLY AND DELIVER OF QUARRIED STONE

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 and deliver 30,000 tons of quarried stone as defined in this Statement of Work (SOW) for the US Army Corps of Engineers

(USACE) Omaha District.

1.2. Objective: The primary objective is to supply and deliver 30,000 tons of quarried stone to the Missouri River Project Office as defined in this SOW for the operation and maintenance of structures of the Missouri River Recovery Program and Bank Stabilization Navigation Project.

1.3. Place of Performance: Missouri River project Office, 9901 John J. Pershing Drive, Omaha NE 68112

1.4. Period of Performance and schedule: The period of performance for the total amount of the supply and deliver of quarried stone is 270 days. The initial 6,000 tons of stone must be delivered no later than 30 April 2024. A minimum of 4,000 tons shall be delivered every month until the full contract amount is delivered. Note: A pavement repair project is scheduled at the office during 2024. For planning purposes, the contract shall assume access will not be available for a two-week period. Stone should be delivered in advance of this time to ensure delivery requirements are met. The COR will provide a 30 day notice when access will not be available.

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. Delivery is expected to take place during the navigation flow support season which typically runs April 1 through

November 30 each year.

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. The Contractor shall also submit a letter of clearance from the State

Historic Preservation Officer permitting the quarrying, excavation, or other removal of the required contract materials.

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 at least ten (10) days in advance of the time when the delivery of the stone material is expected to begin. 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. All sampling operations shall take place in the presence of a representative of the COR. No rock shall be furnished from any source which has not been sampled, tested, and approved.

2.5. Initial Sampling and Testing: 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 delivery. Test results shall describe type of failure of the discrete particles. Complete, test results performed by a USACE validated lab not longer than twelve (12) months prior to delivery including the name of the owner of the quarry and the legal description shall be submitted to the COR for review and approval no later than 30 days prior to the initial delivery of stone. For planning purposes, the government anticipates that test results will be approved within ten (10) working days of submission. However, additional time may be required if results are not clear or additional clarification or interpretation is required.

2.5.1. Testing of New Sources: Tests, service records and results will be used to determine the acceptability of the quarried stone material. In the event test reports and a service record are satisfactory to the COR are not available, as in the case of newly operated sources, the material shall be subject to such tests as are necessary to determine its acceptability for delivery. Tests to which the material may be subjected include bulk specific gravity, soundness in magnesium sulfate, freezing and thawing, and other such tests may be considered necessary to demonstrate satisfaction to the COR of materials being acceptable for use in the work. All sampling of the stone materials will be inspected by the COR. All tests shall be performed by the Contractor at no cost to the Government and submitted to the COR in a quality control report no later than twenty-one (21) days prior to scheduled delivery.

2.6. Testing Laboratories: All testing laboratories must be validated by the USACE Material

Testing Center (MTC) for the tests to be performed. Information on the USACE MTC with web-links to a list of validated testing laboratories can be found at: https://mtc.erdc.dren.mil/. Click on

"Lab Validation" and then “Search for a Validation.”

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 5000 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 https://mtc.erdc.dren.mil/ 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: The 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 to the following location:

Missouri River Project Office

9901 John J. Pershing Drive

Omaha, NE 68112

The access route and placement are shown on the map in Attachment 2.

6. MEASUREMENT OF MATERIALS (TONS):

6.1. Material: Material shall be measured for payment in tons using the “Scale Method”.

The weigh bill or other approved methods shall not be older than forty-eight (48) hours.

6.2. Weigh: Stone delivered may be weighed for payment on public scales which have been approved by the COR and which have been certified by the State wherein the scales are located.

The stone shall be weighed to the nearest (twenty) 20 pounds and the net weight reduced to the nearest hundredth of a ton. If public scales are not available, the Contractor may furnish approved scales subject to certification acceptable to the COR, and the weighing service may be supplied by an independent professional organization approved by the COR. The Contractor shall furnish the COR a copy of each printed weigh bill when self-printing scales are used, or a copy of the weigh bill signed by the weighmaster as each load is delivered. Each weigh bill shall contain the following: date, unit number, time of gross weight, time of net weight, name of project, contract number, name of Contractor and signature of the weigher.

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 The contractor is required to include the contract number, date delivered, total tons delivered 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.

Attachment 1

Summary of Deliverables

Deliverable Description Frequency Format To whom mailto:jeremiah.j.szynskie@usace.army.mil

Complete initial sampling and testing results

Complete, certified test results performed not longer than twelve (12) months prior to delivery.

Once, 30 days prior to initial delivery

PDF COR

Sampling and testing results of new sources

Stone sampling and testing results as described in Section

2.5.2 the SOW.

Once for each new source 30 days prior to scheduled delivery.

PDF COR

Weigh bills

Printed or signed weight bills as described in Section 4 of the SOW.

One for each truckload of stone delivered to the loading site.

PDF or original copy

COR

Stone

Initial stone delivery as described in Section 1.4 of the SOW.

Initial delivery

As described in the

SOW

COR or

Government

Point of

Contact

Subsequent stone delivery of stone.

Monthly

As described in the

SOW

COR or

Government

Point of

Contact

Attachment 2

Delivery Location

See attached document

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 270 dys. ADC 30,000 COE MISSOURI RIVER PROJECT OFFICE

JEREMY SZYNSKIE

USAED, OMAHACENWO-OD-MR

9901 PERSHING DRIVE

OMAHA NE 68112-1547

402-996-3769

FOB: Destination

966574

CLAUSES INCORPORATED BY REFERENCE

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

(JUN 2020) -- Alternate I

NOV 2021

52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

JUN 2020

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

52.204-16 Commercial and Government Entity Code Reporting AUG 2020

52.204-18 Commercial and Government Entity Code Maintenance AUG 2020

52.204-21 Basic Safeguarding of Covered Contractor Information

Systems

NOV 2021

52.207-4 Economic Purchase Quantity-Supplies AUG 1987

52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for

Debarment

NOV 2021

52.209-7 Information Regarding Responsibility Matters OCT 2018

52.209-9 Updates of Publicly Available Information Regarding

Responsibility Matters

OCT 2018

52.209-10 Prohibition on Contracting With Inverted Domestic

Corporations

NOV 2015

52.211-17 Delivery of Excess Quantities SEP 1989

52.212-1 Instructions to Offerors--Commercial Products and

Commercial Services

SEP 2023

52.212-3 Offeror Representations and Certifications--Commercial

Products and Commercial Services

NOV 2023

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

Commercial Services

NOV 2023

52.225-13 Restrictions on Certain Foreign Purchases FEB 2021

52.229-3 Federal, State And Local Taxes FEB 2013

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

52.247-34 F.O.B. Destination NOV 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

252.225-7001 Alt I Buy American and Balance of Payments Program (JAN 2023)

Alternate I

JAN 2023

252.225-7031 Secondary Arab Boycott Of Israel JUN 2005

252.225-7048 Export-Controlled Items JUN 2013

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006

252.243-7002 Requests for Equitable Adjustment DEC 2022

252.244-7000 Subcontracts for Commercial Products or Commercial

Services

NOV 2023

252.246-7004 Safety of Facilities, Infrastructure, and Equipment for

Military Operations

OCT 2010

CLAUSES INCORPORATED BY FULL TEXT

52.211-16 VARIATION IN QUANTITY (APR 1984)

(a) A variation in the quantity of any item called for by this contract will not be accepted unless the variation has been caused by conditions of loading, shipping, or packing, or allowances in manufacturing processes, and then only to the extent, if any, specified in paragraph (b) below.

(b) The permissible variation shall be limited to:

5 Percent increase

5 Percent decrease

This increase or decrease shall apply to CLIN 0001.

(End of clause)

INSTRUCTIONS TO OFFE. COMM ITM

Addendum; Instructions to Offerors—Commercial Items

Please provide the following information with your quote:

Company’s Name as it appears on SAM:

Company’s Address as it appears on SAM:

CAGE CODE:

UEI:

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 Robert Turner at Robert.J.Turner@usace.army.mil. The quote shall consist of one (1) pdf document not to exceed 5 pages. The price worksheet will not count towards the 5 page limit. The Government may not review any additional pages after 5. As a minimum, offers must include with their quote:

(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 quote;

(4) All required technical, past performance, and price factor information stated in FAR 52.212-2, Evaluation – Commercial Items;

(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) A completed copy of the representations and certifications at FAR 52.212-3, if applicable (see FAR 52.213- 3(b) for those representations and certifications that the offeror shall complete electronically); and

(8) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 90 calendar days from the date specified for receipt of offers.

(m) Questions. All questions pertaining to this combined synopsis and solicitation shall be in writing, directed to the attention of Robert Turner at Robert.J.Turner@usace.army.mil and Nadine Catania at Nadine.L.Catania@usace.army.mil. All questions shall be submitted not later than seven (7) calendar days prior to the quote 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.

(n) 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 mailto:Robert.J.Turner@usace.army.mil mailto:Robert.J.Turner@usace.army.mil mailto:Nadine.L.Catania@usace.army.mil

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.

(o) 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.

CLAUSES INCORPORATED BY FULL TEXT

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 other factors considered. The following factors shall be used to evaluate offers:

BEST VALUE: Award to the successful contractor shall be based on “Best Value” rather than low quote. Quotes will be rated on the following factors and references from previous employers and must be provided on each of the following items with the exception of price:

1. Technical – The quoter shall provide the quarry(ies) supplying the stone and demonstrate adequate equipment and qualified personnel to complete the delivery of the required stone. The quoter shall provide any available stone quality test data to demonstrate the identified source of stone meets quality requirements in the scope of work. Test results completed greater than 12 months prior to the solicitation may be submitted but will be considered preliminary.

2. Past Performance – The quoter shall provide three references of projects completed. These references shall be equal to or similar in scope of this requirement. The contractor shall provide dates and pertinent information to demonstrate how they are comparable to this requirement in size and complexity. The contractor shall include points of contact, titles, telephone numbers, and email addresses (if available) for all references.

3. Price – The quote shall be inclusive of all costs to meet the requirements of this solicitation.

Technical and past performance, when combined, are appoximately equal to price.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). No options are included in this contract.

(c) 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 2024-

O0002) (JAN 2024)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 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)).

(2) 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).

(3) 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).

(4) 52.209–10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.232–40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233–3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(7) 52.233–4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108–77 and 108–78 (19

U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services: [Contracting Officer check as appropriate.]

___ (1) 52.203–6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV

2021) (41 U.S.C. 4704 and 10 U.S.C. 4655)

___ (2) 52.203–13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

___ (3) 52.203–15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN

2010) (Section 1553 of Pub. L. 111–5). (Applies to contracts funded by the American Recovery and Reinvestment

Act of 2009.)

___ (4) 52.203–17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see

FAR 3.900(a).

___ (5) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L.

109–282) (31 U.S.C. 6101 note).

___ (6) [Reserved]

___ (7) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111–117, section 743 of Div.

C).

___ (8) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub.

L. 111–117, section 743 of Div. C).

X (9) 52.204–27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub.

L. 117–328).

X (10) 52.209–6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).

X (11) 52.209–9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41

U.S.C. 2313).

___ (12) [Reserved]

___ (13) 52.219–3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C. 657a).

___ (14) 52.219–4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

___ (15) [Reserved]

X (16)(i) 52.219–6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

___ (ii) Alternate I (MAR 2020) of 52.219–6.

___ (17)(i) 52.219–7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

___ (ii) Alternate I (MAR 2020) of 52.219–7.

___ (18) 52.219–8, Utilization of Small Business Concerns (DEVIATION 2024-O0002) (JAN 2024) (15 U.S.C.

637(d)(2) and (3)).

___ (19)(i) 52.219–9, Small Business Subcontracting Plan (SEP 2023) (15 U.S.C. 637(d)(4)).

___ (ii) Alternate I (NOV 2016) of 52.219–9.

___ (iii) Alternate II (NOV 2016) of 52.219–9.

___ (iv) Alternate III (JUN 2020) of 52.219–9.

___ (v) Alternate IV (SEP 2023) of 52.219–9.

___ (20)(i) 52.219–13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

___ (ii) Alternate I (MAR 2020) of 52.219–13.

X (21) 52.219–14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).

___ (22) 52.219–16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

___ (23) 52.219–27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small

Business (SDVOSB) Concerns Eligible Under the Service-Disabled Veteran-Owned Small Business Program

(DEVIATION 2024-O0002) (JAN 2024) (15 U.S.C.

657f).

X (24)(i) 52.219–28, Post-Award Small Business Program Rerepresentation (DEVIATION 2024-O0002) (JAN

2024) (15 U.S.C. 632(a)(2)).

___ (ii) Alternate I (MAR 2020) of 52.219–28.

___ (25) 52.219–29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-

Owned Small Business Concerns (OCT 2022) (15 U.S.C. 637(m)).

___ (26) 52.219–30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns

Eligible Under the Women-Owned Small Business Program (OCT 2022) (15 U.S.C. 637(m)).

___ (27) 52.219–32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

___ (28) 52.219–33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).

X (29) 52.222–3, Convict Labor (JUN 2003) (E.O. 11755).

X (30) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (DEC 2022) (E.O. 13126).

X (31) 52.222–21, Prohibition of Segregated Facilities (APR 2015).

___ (32)(i) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

___ (ii) Alternate I (FEB 1999) of 52.222–26.

___ (33)(i) 52.222–35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

___ (ii) Alternate I (JUL 2014) of 52.222–35.

___ (34)(i) 52.222–36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

___ (ii) Alternate I (JUL 2014) of 52.222–36.

___ (35) 52.222–37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

___ (36) 52.222–40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O.

13496).

X (37)(i) 52.222–50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

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

___ (38) 52.222–54, Employment Eligibility Verification (MAY 2022). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

___ (39)(i) 52.223–9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (MAY

2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (ii) Alternate I (MAY 2008) of 52.223–9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (40) 52.223–11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN

2016) (E.O. 13693).

___ (41) 52.223–12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners

(JUN 2016) (E.O. 13693).

___ (42)(i) 52.223–13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and

13514).

___ (ii) Alternate I (OCT 2015) of 52.223–13.

___ (43)(i) 52.223–14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

___ (ii) Alternate I (JUN 2014) of 52.223–14.

___ (44) 52.223–15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).

___ (45)(i) 52.223–16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s

13423 and 13514).

___ (ii) Alternate I (JUN 2014) of 52.223–16.

X (46) 52.223–18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O.

13513).

___ (47) 52.223–20, Aerosols (JUN 2016) (E.O. 13693).

___ (48) 52.223–21, Foams (JUN 2016) (E.O. 13693).

___ (49)(i) 52.224–3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

___ (ii) Alternate I (JAN 2017) of 52.224–3.

X (50)(i) 52.225–1, Buy American—Supplies (OCT 2022)) (41 U.S.C. chapter 83).

___ (ii) Alternate I (OCT 2022) of 52.225–1.

___ (51)(i) 52.225–3, Buy American—Free Trade Agreements—Israeli Trade Act (DEC 2022) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501–4732), Public Law 103–182, 108–77, 108–78, 108–286, 108–302, 109–53, 109–169, 109–283, 110–138, 112–41, 112–42, and 112–43.

___ (ii) Alternate I [Reserved].

___ (iii) Alternate II (DEC 2022) of 52.225–3.

___ (iv) Alternate III (JAN 2021) of 52.225–3.

___ (v) Alternate IV (OCT 2022) of 52.225–3.

___ (52) 52.225–5, Trade Agreements (DEC 2022) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

___ (53) 52.225–13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (54) 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).

___ (55) 52.226–4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150).

___ (56) 52.226–5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C.

5150).

___ (57) 52.229–12, Tax on Certain Foreign Procurements (FEB 2021).

___ (58) 52.232–29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV

2021) (41 U.S.C.4505, 10 U.S.C. 3805).

___ (59) 52.232–30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41

U.S.C. 4505, 10 U.S.C. 3805).

X (60) 52.232–33, Payment by Electronic Funds Transfer—System for Award Management (OCT 2018) (31

U.S.C. 3332).

___ (61) 52.232–34, Payment by Electronic Funds Transfer—Other than System for Award Management (JUL

2013) (31 U.S.C. 3332).

___ (62) 52.232–36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

___ (63) 52.239–1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

___ (64) 52.242–5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

___ (65)(i) 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).

___ (ii) Alternate I (APR 2003) of 52.247–64.

___ (iii) Alternate II (NOV 2021) of 52.247–64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services: [Contracting

Officer check as appropriate.]

___ (1) 52.222–41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

___ (2) 52.222–42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

___ (3) 52.222–43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple

Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (4) 52.222–44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (MAY

2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

___ (5) 52.222–51, Exemption from Application of the Service Contract Labor Standards to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter 67).

___ (6) 52.222–53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain

Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).

___ (7) 52.222–55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).

___ (8) 52.222–62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

___ (9) 52.226–6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792).

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

(d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, 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.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the

Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(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) 52.203–17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712).

(iii) 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)).

(iv) 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).

(v) 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).

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

117–328).

(vii) 52.219–8, Utilization of Small Business Concerns (SEP 2023) (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 the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219–8 in lower tier subcontracts that offer subcontracting opportunities.

(viii) 52.222–21, Prohibition of Segregated Facilities (APR 2015).

(ix) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

(x) 52.222–35, Equal Opportunity for Veterans (JUN…