AM-0001_Draft Solicitation with Scope of Work.docx

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Synopsis - Pavement Condition Survey & MicroPAVER™ Reinspection, Fort Campbell Roads, Kentucky
Solicitation number
W9128F24R0017
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This synopsis announces a forthcoming solicitation for pavement condition survey and MicroPAVER reinspection services at Fort Campbell Roads in Kentucky. The selected firm will conduct pavement inspections utilizing PAVER Version 7.1 or higher to survey roads and parking areas at Fort Campbell in accordance with ASTM D6433. Interested small businesses are encouraged to respond by 2:00 PM Central time on March 25, 2024 with their SF330 forms and relevant experience via the ProjNet bidder inquiry portal using the provided key. The contract will be a fixed-price purchase order for one year beginning in April 2024, with the selected firm expected to provide qualified personnel including a Professional Engineer project manager, civil engineers, engineering technicians, and a GIS technician. Evaluation criteria emphasize specialized experience implementing PAVER, professional qualifications of assigned staff, past performance on similar DoD contracts, and the proposed management plan.

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W9128F24R0017

Section SF 1449 - CONTINUATION SHEET

SCOPE OF WORK

Statement of Work Pavement Condition Survey and MicroPAVER™™ Pavement Management System Reinspection Fort Campbell Roads

18 JAN 2024

Attachments:Branch Listing Roads
Ft. Campbell 2018 PAVER™ Database E70 file*
Sample Report and Report Templates

*Due to file size this attachment will be provided upon request from Brandon Landis, brandon.p.landis@usace.army.mil, via DoD SAFE.

1. OBJECTIVE

The objective of this effort is to reinspect the paved areas listed in the table below at Fort Campbell as specified in these performance requirements. The last PAVER™ inspection at Fort Campbell was conducted in 2018 for the roads. Work shall be accomplished in accordance with ASTM D6433 (20 or later) except for the sampling rate as identified under task descriptions. PAVER™ Version 7.1 or higher shall be used.

Fort Campbell Inspection Cycle 3(Roads):

Paved Areas
Total Pavement Area (SY)
Number of Branches
Number of Sections
Number of Sample Units
Minimum Number of Sample Units to be Inspected per Paragraph 4.3
Paved Roads (Asphalt)
2,423,899
192
507
8726
1,639
Paved Roads (Concrete)
65,535
41
236
92
Driveways (Asphalt)
64,626
62
57
233
114
Driveways (Concrete)
20,290
27
73
49
Apron (Asphalt)
389
1
1
1
1
Total
2,574,739
255
633
9,269
1,895

The number of concrete pavement sample units shown (total and inspected) is estimated. The maximum number of sample units to be inspected may be up to 5% more than that shown in the table above.

2. CONTRACTOR COMPLIANCE

The Contractor shall follow the requirements listed below:

2.1. QUALIFICATION OF PERSONNEL

Perform field inspection with technically trained personnel under the direct supervision of an engineer experienced in evaluating road pavement distress according to ASTM D6433 (16 or later). Measurements shall be made using techniques that give accuracy necessary for measuring procedures outlined in ASTM D6433 (16 or later). Contractors must also have experience with the EMS program PAVER™.

2.2. COORDINATION/PERMITS

Conduct the appropriate coordination and obtain necessary approvals/permits to work on the pavements from all Garrison organizations as well as any local, State or Federal authorities as necessary for the performance of services.

2.3. FIELD SURVEY SCHEDULE

The Contractor shall coordinate a schedule with the Garrison Directorate of Public Works (DPW) POC to ensure the on site data collection phase does not conflict with major Garrison events that would prevent access to the pavements.

2.4. SUBMITTALS

The products submitted shall fully meet the requirements of the delivery order. Submittals shall be reviewed for technical accuracy. The Contractor shall return all reference materials provided by the U.S. Government.

2.5. GOVERNMENT OWNERSHIP

All data, reports, and materials related to this project are the property of the U.S. Government and shall not be released by the Contractor or sub-consultants without the prior written approval.

3. ANTITERRORISM(AT)/OPERATIONS SECURITY (OPSEC) PROVISIONS – FORT CAMPBELL

3.1. AT LEVEL I TRAINING

All contractor employees, including subcontractor employees, requiring access to Army installations, facilities, and controlled-access areas shall complete AT Level I awareness training within 30 calendar days after the contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer, if a COR is not assigned, within 05 calendar days after completion of training by all employees and subcontractor personnel. AT Level I awareness training is available at the following website: http://jko.jten.mil

3.2. Access and General Protection Policy and Procedures

Contractor and all associated sub-contractors employees shall provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes.

3.2.1. For Contractor not eligible for CAC, but requires access to DoD facility or installation Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05/AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

3.3. iWATCH Training The contractor and all associated sub-contractors shall brief all employees on the local iWATCH program (training standards provided by the requiring activity ATO). This local developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. This training shall be completed within 30 calendar days of contract award and within 05 calendar days of new employees commencing performance with the results reported to the COR NLT 05 calendar days after contract award.

3.4. Requirement for OPSEC Training

Per AR 530-1 Operations Security, the contractor employees must complete Level I OPSEC Awareness training. New employees must be trained within 30 calendar days of their reporting for duty and annually thereafter.

Ft. Campbell AT POC Bill Fedak Installation Antiterrorism Officer USAG Fort Campbell, KY

(270) 412-8022 - office

4. MAJOR REQUIREMENTS

4.1. In-brief Meeting The Contractor shall coordinate the date of the in-brief meeting with the DPW POC and USACE POCs. This in-brief should be performed before beginning the inspection and should explain the survey procedures and describe the Garrison support needed to complete the evaluation. This in-brief may be conducted virtually. A copy of the notes documenting the meeting will be provided to the USACE POC.

4.2. Inventory Update. The Government will provide the Contractor with a copy of the PAVER™ database that includes the pavement inventory sections and sample units. The Contractor will be responsible for updating the section and sample unit GIS shape files to reflect any changes found in the field. The sample unit map shall include all sample units, not just those being inspected. The database should only include a shapefile for sections and a second shapefile for sample units. The Contractor will update or add (if missing) any work history for all pavement sections in the inventory. This includes the use of Garrison documents as well as Google Earth Imagery.

4.3. Collect condition data. The survey will be performed manually according to ASTM D6433 (20 or later), except the rate of sampling shall follow the table below instead of that provided in the ASTM paragraph 7.6. Each inspection team shall include at least two persons for safety. At least one member of the inspection team will have had considerable experience in performing PCI pavement inspection as per ASTM D6433-18 standard. Inspectors should identify distress types accurately 95% of the time. The accuracy will be based on the results of quality assurance inspections by the Government. Linear measurements should be considered accurate when they are within 10% if remeasured. Area measurements should be considered accurate when they are within 20% if remeasured. Distress severities that one determines based on ride quality are considered subjective. The use of additional sample units (type A sample units) should be exercised when the situation in the field warrants. This will be done in addition to the representative sample units (type R sample units) chosen as specified in the table below.

Total No. Of Sample Units in Section (N)
Min. No. Of Units to be Inspected (n)
1
1
2 to 5
2
6 to 15
3
16 to 40
4
Over 40
10%

All sample units selected for inspection should be representative of the section and should be identified on the Sample Unit Map. A single representative inspection date should be applied to all inspections as compared to a different inspection date for different sections.

Provide at least two photographs for each surveyed sample unit. One of the photographs should be an overview of the sample unit. The other photograph(s) should show the significant distresses in the sample unit. All photographs should have GPS coordinates. A table showing a list of photographs for each sample unit shall be provided by the Contractor. The table will include the pavement network, branch, section, and sample unit where the photographs were taken. All photographs should be associated with the appropriate pavement section; however the photographs should be stored in an external media instead of the PAVER™ database. The external media shall be provided to the Government. Photo file name to follow the naming convention: “NetworkID_BranchID_SectionID_SampleID_Photonumber”

Enter condition data into database and perform data verification and provide an error-free PAVER™ database verification run. Submit PAVER™ Database and photos to the USACE POC as Database Draft #1. These photographs will be used for initial QA/QC of the survey.

The USACE POC may meet the Contractor during the collection of condition data. The Contractor shall notify the USACE POC at least 3 weeks prior to collecting condition data.

4.4. Database Cleanup. The Contractor shall update the database to remove any unused information in the system tables.

4.5. Update Prediction Models. Update prediction models of the surveyed pavements using the entered work history and pavement conditions. The last construction date for all sections shall be determined from Garrison records or backcalculated. At a minimum, prediction models will be developed for each combination of Branch Use and Surface Type. The critical PCI will be 70 for primary roads and 55 for secondary and tertiary roads. After review and approval of the models and Critical PCI, the developed models should be assigned to the appropriate pavement sections. The prediction models should be reviewed by the USACE POC before the Work Plans are performed.

4.6. Condition Performance Analysis. Perform condition analysis (e.g. Past, current, and future condition assuming only stop-gap M&R).

4.7. Rate of Deterioration Table. For a Re-inspection the Rate of Deterioration Table shall be created in Microsoft Excel which compares the PCI of each section from the last previous inspection with the current inspection. The Rate of Deterioration Table shall be submitted and reviewed by the USACE POC.

4.8. Update Existing PCI vs. Cost Models. All M&R cost tables and PCI vs. Cost models should be reviewed by the USACE Technical POC before performing the work plan analysis. Submit PAVER™ Database to the USACE POC as Database Draft #2.

4.9. 10-Year Work Planning Analysis. Perform a 10-year work planning analysis for the entire inventory which is 5 years more than the period required to meet the management objectives. This will allow for the determination of the M&R cost for the second 5 years of the budget scenario (e.g. Consequence of different budgets and required budgets to reach management objectives. Develop and save M&R budget requirements using four (4) budget scenarios. Each of the budget scenarios are described below in this paragraph. Each budget requirement scenario will list the type of work required and estimated cost for completing the work. The budget requirement scenarios should cover a period of five (5) years, from the time of inspection, and utilize the appropriate M&R families. At a minimum, two (2) separate M&R families will be developed, one for asphalt and one for concrete pavements.

Budget Scenarios Shall Include:

Scenario 1: Cost per year to eliminate major M&R backlog in five (5) years Scenario 2: Cost per year to maintain current area weighted PCI for five (5) years Scenario 3: Projected PCI at current and projected budget level Scenario 4: Cost for M&R to deal with safety issues only with projected drop in PCI

The first year of the work plan will be the next fiscal year after the inspections are completed.

4.10. Develop List of Projects. Develop a list of projects recommended for the following three (3) years using the PAVER™™ project formulation wizard. The projects shall be included in the PAVER™ database delivered to the Government. The first year will be the next fiscal year after the inspections are completed. The projects will include specific work types and costs. The work type names included in PAVER™ shall be used unless otherwise approved by the USACE POC’s. This list should be based on the PAVER™ analysis and to meet installation mission requirements. A project formulation is different than the automated section level work recommended by the PAVER™ work plan. The formulated projects would normally consist of multiple sections for economy of scale. Also, work should be in terms of work type, for example cold mill and overlay, slurry seal, etc as opposed to the recommended work by PAVER™ which is only in terms of category, such as global and major. A draft list of projects shall be submitted to the installation for review. In addition to the list of projects, the Contractor shall develop a table (M&R Details for Project Sections) which explains the M&R recommendations for each project. The approved list of projects, M&R Details for Project Sections and color coded maps showing the projects will be included in the report. Submit PAVER™ Database to the USACE POC’s as Database Draft #3 to include all recommended projects.

4.11. Project Formulation Out-brief Meeting. The Contractor shall meet with the DPW project manager virtually to discuss the survey results and verify the list of projects and the years they are to be scheduled. The Contractor shall coordinate the date of the out-brief meeting with the DPW Project Manager and Contract Technical and Administrative POCs. There is a strong possibility that the USACE POC’s will be joining the out-brief, therefore an advance notice should be provided by the Contractor (preferably 3 weeks). A copy of the notes documenting the meeting will be provided to the Contract Technical POC. These notes will include any questions or issues raised by the Garrison personnel regarding the survey results or the proposed list of projects.

4.12. ISR Reporting. The contractor shall report all existing surfaced area conditions vs. the surfaced area requirements as outlined in DA PAM 420-1-3 (Chapter 3). This report shall outline the deficiencies of each section individually, each categorized section group and all surfaced areas as a whole. The Report shall sufficiently provide results showing the “percentage of surface areas that meet pavement Condition Index (PCI) rating per AR 420-1 (Chapter 7) and DA PAM 420-1-3.”

4.13. Reports. Generate Reports as described in the SOW Attachment. Upon completion of the draft report, please submit to the Government for final.

5. QUALITY ASSURANCE

The Government may perform a quality assurance inspection of selected sample units as well as a quality assurance review of all PAVER™ data. If in the opinion of the USACE POC, an error which is clearly the fault of the Architect-Engineer is encountered, the Contracting Officer may direct the Contractor to immediately contact the USACE POC for the purpose of rectifying the mistake. The Contractor shall perform such services in the manner directed by the Contracting Officer at no additional cost to the Government and on an expedited schedule. In the event that the Contractor should dispute the Contracting Officer’s decision in this regard, it shall be considered a dispute concerning a question of fact within the meaning of Disputes article of the contract and, pending final decision of the dispute, the Contractor shall proceed diligently with the work and services in accordance with the decision of the Contracting Officer.

6. DELIVERABLES

The Contractor shall submit the following deliverables:

6.1. Meetings – In brief, project formulation, and outbrief – A copy of the notes documenting the meetings will be provided to the USACE POC.

6.2. PAVER™ DATABASE:

6.2.1. Draft 1 shall be submitted with the completion of inventory updates and evaluations

6.2.2. Draft 2 shall be submitted with the Prediction Models and PCI v Cost Models

6.2.3. Draft 3 shall be submitted with the Projected Projects

6.2.4. Final delivered PAVER™™ database shall contain:

· Updated inventory as well as inspection data free of errors.

· Condition Analysis plan used in the final report.

· Condition prediction families, deterioration families, maintenance and repair families, project formulation and cost data.

· System tables unique only to the particular database of interest.

The delivered PAVE™ database shall successfully pass the PAVER™ verification tool, error free.

6.3. GEOGRAPHIC INFORMATION SYSTEM (GIS)

The Contractor will deliver a set of fully updated GIS shapefiles. This includes the updated inventory sections and sample unit shapefiles.

6.4. PHOTOGRAPHS

Provide at least two photographs for each surveyed sample unit. One of the photographs should be an overview of the sample unit. The other photograph(s) should show the significant distresses in the sample unit. All photographs should have GPS coordinates. A table showing a list of photographs for each sample unit shall be provided by the Contractor. The table will include the pavement network, branch, section, and sample unit where the photographs were taken. All photographs should be associated with the appropriate pavement section; however, the photographs should be stored in an external media instead of the PAVER™ database. The external media shall be provided to the Government.

6.5. REPORTS

The Contract will deliver a digital draft report to the USACE Technical POC. Once comments are incorporated, the Contract will proceed with the development of the final report and provide digital deliverables according to the table in section 6.6.

6.6. REPORT DISTRIBUTION

Send the indicated number of copies of the draft and final reports to the following addresses:

Agency
Report (Solid State Hard Drive/DoD SAFE Submittal)
Installation POC
1
Dr Mohamed Y. Shahin
1
Matthew Bennett
1

7. PROJECT SCHEDULE

· Provide Monthly status reports to the USACE POC via email.

· Initiate start of work prior to the Field Survey Inbrief. Contact the installation POC within 15 days of the Contract award and provide the USACE POC with a summary of the work requirements in this Contract SOW. Begin preparations for the Field Survey Inbrief with the installation POC.

· Field Survey Inbrief – Conduct field survey Inbrief within 60-90 calendar days after Award of Contract.

· Database Draft 1 – Submit draft 1 database for review no more than one (1) month after the completion of the condition survey.

· Database Draft 2 – Submit draft 2 database for review no more than three (3) months after the completion of the condition survey.

· Draft Report and Database Draft 3 – Submit Draft Report and Database Draft 3 for review no more than three (3) months after the completion of the condition survey or about Seven (7) months after Award of Contract, whichever comes first.

· Final Report & Database – After incorporating review comments, submit the Final Report and PAVER™ Database within 8 months after Award of Contract.

8. POINTS OF CONTACT

Although other Government personnel may clarify technical points or supply relevant information, only the Contracting Officer has the authority to revise any requirements in this Scope of Work, including those resulting from verbal clarifications.

8.1. IMCOM PROJECT MANAGER

Michael Andres Army Transportation Infrastructure Inspection Program Operations and Maintenance Division HQ IMCOM G4 Public Works U.S. Army Installation Management Command 2405 Gun Shed JBSA Fort Sam Houston, TX 78234-1223 Tel: 210-466-0593 E-mail: michael.r.andres.civ@mail.mil

8.2. U.S. ARMY CORPS OF ENGINEERS POC

Matthew D. Bennett, P.E.

USACE-EDT

1616 Capitol Avenue Omaha, NE 68102 Phone : 402-720-3457 E-mail: matthew.d.bennett@usace.army.mil

8.3. DPW PROJECT MANAGER

Arnold "Blaine" Lynch Jr., PE Civil Engineer Engineering Design Branch Directorate of Public Works Ft. Campbell, KY 42223

DSN: 635-9725

☎ Office: (270) 798-9725

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Job

PAVER Inspection

FFP

Perform inspection of PAVER management system of the Fort Campbell roadways in accordance with the scope of work attached to this solicitation.

FOB: Destination

PSC CD: C219

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
8 mths. ADC
1
COE PROGRAMS MANAGEMENT BRANCH

CENWO-PPMD-INVOICES

USA, OMAHA CENWO-PM-P

1616 CAPITOL AVE

OMAHA NE 68102-4901

402-995-2800 FOB: Destination 966752

CLAUSES INCORPORATED BY REFERENCE

52.201-1
Acquisition 360: Voluntary Survey
SEP 2023
52.203-12
Limitation On Payments To Influence Certain Federal Transactions
JUN 2020
52.203-19
Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements
JAN 2017
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
52.204-19
Incorporation by Reference of Representations and Certifications.
DEC 2014
52.204-21
Basic Safeguarding of Covered Contractor Information Systems
NOV 2021
52.204-22
Alternative Line Item Proposal
JAN 2017
52.204-23
Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities
DEC 2023
52.204-24
Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment
NOV 2021
52.204-25
Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment
NOV 2021
52.204-27
Prohibition on a ByteDance Covered Application
JUN 2023
52.209-6
Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment
NOV 2021
52.209-10
Prohibition on Contracting With Inverted Domestic Corporations
NOV 2015
52.211-7
Alternatives to Government-Unique Standards
NOV 1999
52.219-6
Notice Of Total Small Business Set-Aside
NOV 2020
52.219-14 (Dev)
Limitations on Subcontracting (DEVIATION 2021-O0008)
FEB 2023
52.219-28
Post-Award Small Business Program Rerepresentation
SEP 2023
52.222-3
Convict Labor
JUN 2003
52.222-21
Prohibition Of Segregated Facilities
APR 2015
52.222-26
Equal Opportunity
SEP 2016
52.222-35
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
52.222-41
Service Contract Labor Standards
AUG 2018
52.222-42
Statement Of Equivalent Rates For Federal Hires
MAY 2014
52.222-50
Combating Trafficking in Persons
NOV 2021
52.222-54
Employment Eligibility Verification
MAY 2022
52.222-62
Paid Sick Leave Under Executive Order 13706
JAN 2022
52.223-5
Pollution Prevention and Right-to-Know Information
MAY 2011
52.223-6
Drug-Free Workplace
MAY 2001
52.223-18
Encouraging Contractor Policies To Ban Text Messaging While Driving
JUN 2020
52.225-13
Restrictions on Certain Foreign Purchases
FEB 2021
52.227-1
Authorization and Consent
JUN 2020
52.232-25
Prompt Payment
JAN 2017
52.232-33
Payment by Electronic Funds Transfer--System for Award Management
OCT 2018
52.232-39
Unenforceability of Unauthorized Obligations
JUN 2013
52.232-40
Providing Accelerated Payments to Small Business Subcontractors
MAR 2023
52.233-1
Disputes
MAY 2014
52.233-3
Protest After Award
AUG 1996
52.233-4
Applicable Law for Breach of Contract Claim
OCT 2004
52.237-2
Protection Of Government Buildings, Equipment, And Vegetation
APR 1984
52.242-14
Suspension of Work
APR 1984
252.201-7000
Contracting Officer's Representative
DEC 1991
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
252.204-7000
Disclosure Of Information
OCT 2016
252.204-7003
Control Of Government Personnel Work Product
APR 1992
252.204-7004
Antiterrorism Awareness Training for Contractors
JAN 2023
252.204-7007
Alternate A, Annual Representations and Certifications
NOV 2023
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
NOV 2023
252.204-7020
NIST SP 800-171 DoD Assessment Requirements
NOV 2023
252.204-7024
Notice on the Use of the Supplier Performance Risk System
MAR 2023
252.209-7004
Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism
MAY 2019
252.223-7006
Prohibition On Storage, Treatment, and Disposal of Toxic or Hazardous Materials
SEP 2014
252.225-7048
Export-Controlled Items
JUN 2013
252.225-7050
Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism
DEC 2022
252.225-7055
Representation Regarding Business Operations with the Maduro Regime
MAY 2022
252.225-7056
Prohibition Regarding Business Operations with the Maduro Regime
JAN 2023
252.225-7061
Restriction on the Acquisition of Personal Protective Equipment and Certain Other Items from Non-Allied Foreign Nations
JAN 2023
252.225-7972 (Dev)
Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems (DEVIATION 2020-O0015)
MAY 2020
252.225-7973 (Dev)
Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems - Representation (DEVIATION 2020-O0015)
MAY 2020
252.225-7975 (Dev)
Additional Access to Contractor and Subcontractor Records (DEVIATION 2024-O0003)
DEC 2023
252.232-7004
DOD Progress Payment Rates
OCT 2014
252.232-7010
Levies on Contract Payments
DEC 2006
252.243-7001
Pricing Of Contract Modifications
DEC 1991
252.244-7000
Subcontracts for Commercial Products or Commercial Services
NOV 2023

CLAUSES INCORPORATED BY FULL TEXT

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2023)

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

(2) The small business size standard is $25,500,000.

(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition--

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

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

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

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

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

( ) Paragraph (d) applies.

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

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

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

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

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

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

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

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

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

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

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

(B) Exceed the simplified acquisition threshold; and

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(xxi) 52.225-4, Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Basic, Alternates II and III.) This provision applies to solicitations containing the clause at 52.225-3.

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

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

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

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

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

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

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

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

[Contracting Officer check as appropriate.] X (i) 52.204-17, Ownership or Control of Offeror.

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

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

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

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

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

(vii) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

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

(d) The Offeror has completed the annual representations and certifications electronically in SAM accessed through https://www.sam.gov. After reviewing the SAM information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [ offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

(End of provision)

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

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

http://acquisition.gov/comp/far/index.html http://www.acq.osd.mil/dpap

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://acquisition.gov/comp/far/index.html http://www.acq.osd.mil/dpap/

(End of clause)

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

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

(b) The use in this solicitation of any DFARS (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

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

(b) The use in this solicitation or contract of any Defense Federal Acquisition Regulations (48 CFR 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

Antiterrorism (AT)/Operations Security (OPSEC) Provisions

1. General security requirements and guidance: The security requirements described below apply to all contract personnel (including employees of the prime Contractor (“Contractor”) and all subcontractor employees) supporting the performance requirements of this contract. The Contractor is responsible for compliance with these security requirements. Questions regarding security matters shall be addressed to the designated Government representative (e.g., Contracting Officer Representative (COR), Requiring Activity (RA) representative, or Contracting Officer (if a COR or other RA representative is not appointed)). Contract personnel are critical to the overall security and safety of US Army Corps of Engineers (USACE) installations, facilities and activities, and security awareness training contributes to those efforts. The Department of Defense (DoD) and Army security training requirements specified below, if applicable, are performance requirements; all applicable contract personnel shall complete initial training within 30 days of contract award or the date new contract personnel begin performance on the contract. Within five business days from the completion of training, the Contractor shall provide written documentation (e.g., email or memorandum) to the Government representative. The documentation shall include the names of contract personnel trained and which training they completed; the Contractor shall maintain training records as part of their contract files and be prepared to provide copies of training certificates to the Government representative. Contractor personnel and vehicles are subject to search when entering federal installations. Additionally, all contract personnel shall comply with Force Protection Condition (FPCON) measures, Random Antiterrorism Measures (commonly referred to as “RAMs”), and Health Protection Condition (HPCON) measures. The Contractor is responsible for meeting performance requirements during elevated FPCON and/or HPCON levels in accordance with applicable RA plans and procedures—this includes identifying mission essential and non-mission essential personnel. In addition to the changes otherwise authorized by the changes clause of this contract, should the FPCON or HPCON levels at any individual facility or installation change, the Government may implement security changes that affect contract personnel. The Contractor shall ensure all contract personnel are aware of their security responsibilities, including any site-specific requirements identified in local policies or procedures.

2. Antiterrorism (AT) Level I training: All contract personnel requiring routine access to Army installations, facilities, and controlled access areas, or requiring network access shall complete initial and annual refresher AT Level I awareness training. Online AT Level I awareness training is available at https://jko.jten.mil/ (website subject to change).

3. Physical security and access control requirements: All contract personnel requiring physical access to a federal installation or facility shall comply with the access control procedures of that location. Contract personnel requiring unescorted access to meet contract performance requirements on a DoD installation in the US shall be vetted by the installation/facility Provost Marshal/Directorate of Emergency Services/Security Office using the National Crime Information Center-Interstate Identification Index (commonly referred to as “NCIC-III”) and Terrorist Screening Database (commonly referred to as “TSDB”). Contract personnel shall comply with all personal identity verification requirements specified in installation/facility policies and procedures. Contract personnel who do not meet requirements for unescorted access to USACE facilities shall coordinate escorted access with the Government representative, as needed. Contract personnel who receive keys, access cards, or lock combinations that provide access to government-owned property shall comply with key and lock control procedures of the RA.

4. Contract personnel requiring a common access card (CAC): Contract personnel will be issued a common access card (CAC) only if duties involve one of the following: (1) both physical access to a DoD facility and access to DoD information systems or networks; (2) remote access to a DoD information system or network using DoD-approved remote access procedures; or (3) physical access to multiple DoD facilities or multiple non-DoD federally controlled facilities on behalf of the DoD on a recurring basis for a period of 6 months or more. Before CAC issuance, contract personnel must have, at a minimum, a favorably adjudicated Tier 1 investigation or an equivalent or higher investigation in accordance with applicable Army regulations and Homeland Security Presidential Directive-12 (HSPD-12). At the discretion of the RA, an initial CAC may be issued based on a favorable review of a fingerprint check and a successfully scheduled Tier 1 investigation with the National Background Investigations Bureau. The RA provides contract personnel with additional information and forms to initiate the CAC issuance process, and/or to initiate background investigations, when required. Contract personnel shall complete these processes within established timelines to avoid delays.

5. Security requirements for contract performance outside the US: For contract performance requirements that involve services or delivery in a foreign country, the Contractor shall comply with the requirements of DFARS clause 252.225-7043, as applicable. For performance requirements that involve contract personnel accompanying or supporting US Armed Forces deployed outside the US, the Contractor shall comply with the requirements of DFARS clause 252.225-7040, as applicable. Contract personnel accessing DoD or other federal facilities outside the US shall comply with applicable Status of Forces Agreements and Geographic Combatant Command requirements. Prior to contract personnel traveling outside the US, the Contractor shall provide documentation of AT, OPSEC, and other required training to the COR, or other RA representative. Additionally, contract personnel shall comply with travel requirements specified in the DoD Foreign Clearance Guide, including country and theater clearance processes.

6. Suspicious Activity Reporting training (e.g. iWATCH, CorpsWatch, or See Something, Say Something): All contract personnel shall receive initial and annual refresher training from the RA representative on the local suspicious activity reporting program. This locally developed training provides contract personnel with general information on suspicious behavior, and guidance on reporting suspicious activity to the project manager, security representative or law enforcement entity.

7. Contract personnel requiring access to Government information systems: All contract personnel with access to a government information system (including USACE business systems and CAC-enabled websites) shall comply with applicable DoD and Army regulations, and shall use the organization’s UserID-Password Administration and Security System (U-PASS) at commencement of services to request network user accounts. Contract personnel shall complete DoD Information Assurance Awareness training prior to accessing information systems, and annually thereafter.

8. Contracts requiring a formal OPSEC program: The Contractor shall develop an OPSEC SOP/Plan within 90 days of contract award. The OPSEC SOP/Plan shall be reviewed and accepted by the RA OPSEC Officer. This plan will include a process to identify critical information, where it is located, who is responsible for it, how to protect it, and why it needs to be protected. In accordance with Army and DoD regulations, the contractor shall have a certified Level II OPSEC coordinator, who shall ensure OPSEC compliance during contract performance.

9. Training requirements for the protection of sensitive information: All contract personnel with access to critical information (as identified in the RA’s OPSEC Program) shall complete initial and annual refresher OPSEC Level I Awareness training, which is available at the following websites: https://www.iad.gov/ioss/, or http://www.cdse.edu/catalog/operations-security.html (websites subject to change). All contract personnel with access to Controlled Unclassified Information (CUI) shall complete initial and annual refresher CUI training in accordance with applicable Army policy.

10. Information Assurance (IA)/Information Technology (IT) requirements: All contract personnel performing IA/IT services must comply with DoD training and certification requirements specified in DoD 8570.01-M, Information Assurance Workforce Improvement Program. Contract personnel shall provide the Government representative with documentation of requisite certification(s) prior to performing on the contract. In accordance with applicable DoD, Army, and USACE regulations, the Contractor shall ensure that all information systems (IS) and platform information technology (PIT) systems developed and/or supported under this contract comply with cybersecurity and architectural requirements, including, but not limited to: security technical implementation guides (STIG)(e.g., the current version of the Application Security and Development STIG, and the internet access point (IAP) demilitarized zone (DMZ) STIG), and the use of security controls developed under the risk management framework documentation for the system or platform. The Contractor shall address questions regarding these provisions to the Government representative, who will coordinate between the Contractor and the USACE Chief Information Officer (CIO).

11. Contracts requiring handling or access to classified information: The prime Contractor shall have a Facility Clearance (FCL) at the appropriate level prior to performance on the contract; the RA will sponsor the prime contract company in obtaining the FCL. All cleared contract personnel shall comply with the FCL requirements, as well as applicable laws and regulations regarding contractor access to national security information. For classified contracts, the RA will generate the DD Form 254, which will be attached to the contract.

12. Threat Awareness Reporting Program: All contract personnel who maintain an active security clearance shall receive initial and annual refresher training on the Threat Awareness and Reporting Program (commonly referred to as “TARP”), provided by a Counterintelligence Agent. As determined by the servicing Counterintelligence Agent for the RA, contract personnel may complete web-based TARP training.

13. Escorting in classified and/or sensitive areas: In accordance with applicable regulations, all contract personnel who do not possess the appropriate security clearance or access privileges will be escorted in areas where they may be exposed to classified information or operations, sensitive information or…

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