B.08.02_Solicitation_Posted_20190808.pdf

Section A – Solicitation/Contract Form

Synopsis/Solicitation

This is a combination synopsis/solicitation for commercial items prepared in accordance with the format in the Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

The solicitation number for this acquisition is W912DQ19R1076 and it is being issued as a Request for Proposal (RFP). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-94 (effective 19 January 2017).

This acquisition is set aside 100% for small business concerns. The associated North American Industry Classification System (NAICS) code is 541611, “Administration Management & General Management Consulting Services” and the associated small business size standard is $15M.

A list of the contract line item numbers and items (CLINs), quantities, and units of measure are detailed in Section B of this combined synopsis/solicitation.

A description of requirements (PWS/SOW) for the items to be acquired are detailed in Section C of this combined synopsis/solicitation.

The dates, places of delivery and acceptance are detailed in Sections E and F of this combined synopsis/solicitation.

FAR 52.212-1, Instructions to Offerors – Commercial, does apply to this acquisition with no addenda to the provision and is located in Section L of this combined synopsis/solicitation.

FAR 52.212-2, Evaluation – Commercial, does apply to this acquisition with no addenda to the provision and is located in Section M of this combined synopsis/solicitation.

FAR 52.212-3, Offeror Representations and Certifications – Commercial Items Alt I, does apply to this acquisition with no addenda to the provision, and is located in Section K of this combined synopsis/solicitation. If the offeror has up-to-date representations and certifications in the System for Award Management (SAM) website, then this completed provision is not required to be submitted with the offeror’s proposal.

FAR 52.212-4, Contract Terms and Conditions – Commercial Items, does apply to this acquisition with no addenda to the provision, and the specific clauses required are located in Section I of this combined synopsis/solicitation.

FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders

– Commercial Items, does apply to this acquisition with no addenda to the provision, and the specific clauses required are located in Section I of this combined synopsis/solicitation.

VENDORS INTERESTED IN RESPONDING TO THIS COMBINED SYNOPSIS/SOLICITATION

MUST SUBMIT THEIR PROPOSAL ON THE ATTACHED FORM. Any questions must be submitted by e-mail to the point of contact below.

The due date for the receipt of proposals is 27 August 2019 at 03:00 P.M. CST. The due date for the receipt of questions in regards to this combined synopsis/solicitation is three (3) calendar days prior to the due date. Proposals must be received electronically at david.a.tibbs@usace.army.mil. Adobe (.pdf) or Microsoft Word (.doc) are acceptable formats for submitting proposals. The electronic file must be under 8MB total to ensure it can be received by e-mail.

The Government reserves the right to cancel this combined synopsis/solicitation. Any questions should be sent to David Tibbs at (816) 389-3719 or at david.a.tibbs@usace.army.mil.

System for Award Management

In accordance with FAR 52.212-1(k): By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://sam.gov/portal/SAM/#1 . It is highly encouraged that all prospective Offeror’s start the SAM registration process as soon as possible.

OFFEROR MUST BE REGISTERED IN THE SYSTEM FOR AWARD MANAGEMENT (SAM)

WITHIN 7 DAYS OF THE CLOSE OF THE SOLICITATION OR THE CONTRACTING

OFFICER MAY PROCEED WITH AWARD TO THE NEXT SUCCESSFUL OFFEROR.

If you were not previously registered, please go to https://sam.gov. Instructions for new registration are also located at the following link:

https://www.sam.gov/sam/transcript/Quick_Guide_for_Contract_Registrations_v1.7.pdf If you have questions about Federal Government procurements in general or need assistance in the preparation of your proposal, a local Procurement Technical Assistance Center (PTAC) may be able to help.

The PTAC was authorized by Congress in 1985 in an effort to expand the number of businesses capable of participating in the Federal Government marketplace. To locate a PTAC near you, go to https://www.aptac-us.org/sam-registration/. THIS IS A FREE SERVICE BY A NON PROFIT PAID FOR BY THE US

GOVERNMENT

W912DQ19R1076

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job NWK ISO 9001 Audit and Cert

FFP

Contractor shall provide off-site review, review findings, renewal audit services, and certification for FY20. The ISO Registrar shall conduct an annual surveillance audit to confirm the Kansas City District’s Project Management, Planning, Engineering and Design and Construction management functions’ continued compliance with ISO 9001-2015 requirements in FY21-22.

FOB: Destination

NET AMT

SUPPLEMENTAL BID SCHEDULE

Company Name Year 1 Year 2 Year 3 Total

Section C - Descriptions and Specifications

STATEMENT OF WORK

U.S. Army Corps of Engineers Kansas City District

Statement of Work

For

ISO 9001:2015

Procuring a Certification Body

June 2019

1.0 Scope

1.1 Objective

Acquire contractor services, where the contractor is accredited as a Certification Body, to certify that the U.S. Army Corps of Engineers, Kansas City District activities to include Project Management, Planning, Engineering and Design; and Construction Management functions comply with ISO 9001:2015 standards.

The primary service the Certification Body provides is a team of certified auditors, including a certified lead auditor, to conduct audits.

1.2 U.S. Army Corps of Engineers, Kansas City District Information

The U.S. Army Corps of Engineers, Kansas City District has responsibility for mission execution for civil works, military, environmental, and emergency response programs.

The District’s Mission statement is:

The U. S. Army Engineer District, Kansas City, plans, manages and executes civil works, military, environmental, and emergency response programs within assigned areas of responsibility to support the nation's military and engineering needs.

Since 1907, the District has provided a full range of professional services for planning, design, remediation, and engineering.

The U.S. Army Engineer District Headquarters Office at Kansas City, MO has the following Divisions and ranges of personnel to which the quality management system applies:

Kansas City District Headquarters Offices and Construction Division Remote Offices 601 E. 12th St, Kansas City, MO 64106 Engineering Division – 205 Project, Planning & Programs Management Division – 116 Construction Division and Remote Offices – 86

2.0 References

ISO 9001:2015 Quality Management Systems-Requirements ISO 19011:2018 Guidelines for Quality and/or Environmental Management Systems Auditing

3.0 Description of Supplies/Services

The Contractor shall perform the following tasks:

3.1 Audits

Audit scheduling will be coordinated between the contractor and the Kansas City District Quality Manager, through the Contract Officer Representative (COR), at times or intervals specified for each audit. A multi-site sampling plan shall be used.

The quality management system to be audited for ISO 9001:2015 certification is located at the Kansas City District Headquarters Offices, 601 E. 12th St, Kansas City, MO. However, comprehensive verification of the effective implementation of some quality management system procedures shall require remote site visits to locations where work is being performed. These remote sites include the following:

Construction Division Remote Offices:

Whiteman AFB – 8 930 Arnold Ave. Whiteman AFB, MO 65305

McConnell AFB – 7 Bldg 750, McConnell AFB, KS 67221

Ft. Leavenworth, KS – 13 809 Harrison Dr, Ft. Leavenworth, KS 66027

Ft. Leonard Wood, MO – 25 1334 1st St., Ft. Leonard Wood, MO 65473

Ft. Riley, KS – 17 337 Dickman Ave., Ft. Riley KS 66442

Kansas City Area Office – 13 12500 E. 40 Hwy, Independence, MO 64055

3.1.1 First Year Performance Requirements

Document Review - Quality Manual and Procedures Off-Site Review (Levels 1 and 2): The ISO Registrar shall provide off-site review services for the Kansas City District Corps of Engineers’ Project Management, Planning, Engineering and Construction Business and Quality Procedures Manual for compliance to ISO 9001-2015 standards. The registrar shall provide review findings to Kansas City District’s management.

Re-certification Audit – Contractor shall provide renewal audit services and ISO registrar certification for the period FY-20, FY-21 and FY-22. Audit the Kansas City District Quality Management System for continued compliance with ISO 9001:2015 standards.

Renewal Audit Scheduling, Reporting, Review, and Decision: The ISO Registrar shall provide for scheduling, reporting, review, and decision for the renewal audit/certification. The registrar shall provide Kansas City District’s management with an overview of the renewal audit/certification results. The ISO Registrar shall conduct the onsite renewal audit of the quality management system for compliance with ISO 9001-2015 for the Kansas City District’s Project Management, Planning, Engineering and Design and Construction management functions located at the Kansas City District Headquarters Offices, 601 E. 12th St, Kansas City, MO.

Certificate (Accreditation Mark-ANAB or equivalent as identified in Para. 4.1): Upon confirmation of the renewal audit/certification findings, the ISO Registrar shall provide the appropriate document that certifies the Kansas City District’s Project Management, Planning, Engineering and Design and Construction management functions are in compliance with ISO 9001-2015. In accordance with ISO 17021 Section 8.2.3 a., the ISO 9001 certification document shall identify Kansas City District Headquarters Offices, 601 E.

12th St, Kansas City, MO as the geographic location for the certified quality management system.

Progress Payments shall be made upon demonstration of successful delivery of each performance requirement (year) in accordance with 52.212-4. All actual expenses for travel, labor, lodging, per diem, printing, mailing and related costs incurred in the performance of renewal and surveillance audits should be included within each associated performance requirement.

3.1.2 Second Year Performance Requirements will consist of the following Audit:

1st Surveillance Audit - Audit the Kansas City District Quality Management System for continued compliance with ISO 9001:2015 standards.

The ISO Registrar shall conduct an annual surveillance audit to confirm the Kansas City District’s Project Management, Planning, Engineering and Design and Construction management functions’ continued compliance with ISO 9001-2015 requirements.

In the event of a transition of ISO 9001 Standards to a new version, any Transition Assessment will be included in one or more Surveillance Assessments.

Surveillance Reporting and Review: The ISO Registrar shall provide for reporting and review of the audit findings from the annual surveillance audit. The registrar shall provide Kansas City District’s management with an overview of the annual surveillance audit results.

Surveillance Audit Accreditation Mark – ANAB or equivalent as identified in Para. 4.1:

Following each surveillance audit, the ISO Registrar shall provide the appropriate document that certifies the Kansas City District’s Project Management, Planning, Engineering and Design and Construction management functions’ continued compliance with ISO 9001-2015.

Progress Payments shall be made upon demonstration of successful delivery of each performance requirement (year) in accordance with 52.212-4. All actual expenses for travel, labor, lodging, per diem, printing, mailing and related costs incurred in the performance of renewal and surveillance audits should be included within each associated performance requirement.

3.1.3 Third Year Performance Requirements will consist of the following Audit:

2nd Surveillance Audit - Audit the Kansas City District Quality Management System for continued compliance with ISO 9001:2015 standards.

The ISO Registrar shall conduct an annual surveillance audit to confirm the Kansas City District’s Project Management, Planning, Engineering and Design and Construction management functions’ continued compliance with ISO 9001-2015 requirements.

In the event of a transition of ISO 9001 Standards to a new version, any Transition Assessment will be included in one or more Surveillance Assessments.

Surveillance Reporting and Review: The ISO Registrar shall provide for reporting and review of the audit findings from the annual surveillance audit. The registrar shall provide Kansas City District’s management with an overview of the annual surveillance audit results.

Surveillance Audit Accreditation Mark – ANAB or equivalent as identified in Para. 4.1:

Following each surveillance audit, the ISO Registrar shall provide the appropriate document that certifies the Kansas City District’s Project Management, Planning, Engineering and Design and Construction management functions’ continued compliance with ISO 9001-2015.

Progress Payments shall be made upon demonstration of successful delivery of each performance requirement (year) in accordance with 52.212-4. All actual expenses for travel, labor, lodging, per diem, printing, mailing and related costs incurred in the performance of renewal and surveillance audits should be included within each associated performance requirement.

4.0 Contractor Qualification

4.1 The Contractor shall be an accredited ISO 9001:2015 Registrar accredited by the ANSI- ASQ National Accreditation Board (ANAB) or an equivalent accrediting body that is certified by the International Accreditation Forum (IAF) with an identified main scope of Management System Certification conforming to ISO/IEC 17021:2015 and ISO 9001 Quality Management System certification scope codes to include both Code 28 for Construction and Code 34 for Engineering Services. Names and resumes of proposed auditors shall be submitted for review in association Evaluation Criteria item number 3 of section 4.3 below.

4.2 Auditors shall be full time employees of the registrar.

4.3 Contractor selection shall be accomplished in accordance with the following Evaluation

Criteria Selection Summary Table:

Evaluation Criteria 1 Contractor’s previous experience as an auditor/registrar for ISO 9001 with the U.S. Army

Corps of Engineers, other Department of Defense agencies, or Governmental agencies

2 Past performance with Project Management, Planning, Engineering and Design; and Construction Management functions:

3 Qualifications of proposed audit personnel:

a. Proposed auditors’ previous experience as an auditor/registrar for ISO 9001 with the U.S.

Army Corps of Engineers, other Department of Defense agencies, or Governmental agencies

b. Proposed auditors’ previous experience as an auditor/registrar for ISO 9001 for Project Management, Planning, Engineering and Design; and Construction Management functions

4 Responses to items listed in the Contractor Qualification and Work Requirements sections of this SOW along with applicable documentation may include copy of accreditation certificate, customer satisfaction surveys, resumes, etc.

5 Price

5.0 Work Requirement

This is a fixed price contract. All expenses related to fulfilling this contract are to be included in the fixed price of the contract by line item.

5.1 The ISO 9001:2015 Recertification audit at Kansas City District (first year performance) is to be completed prior to May 1, 2020.

5.2 SERVICE DELIVERY SUMMARY

The contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success.

Performance Objective

SOW Para. Performance Threshold

Method of Assessment

Remedy

Schedule Audit Date

3.1, 5.1, 6.1 No more than one (1) customer complaint

100% inspection per occurrence

Re-performance shall take place within 24 hrs.

Audit Schedule 3.1, 5.1, 6.1 No more than one (1) customer complaint

100% inspection per occurrence

Re-performance shall take place within 24 hrs.

Audit Plan 3.1, 5.1, 6.1 No more than one (1) customer complaint

100% inspection per occurrence

Re-performance shall take place within 24 hrs.

Audit 3.1, 5.1, 6.1 No more than one (1) customer complaint

100% inspection per occurrence

Re-performance shall take place within 24 hrs.

Audit Report 3.1, 5.1, 6.1 No more than one (1) customer complaint

100% inspection per occurrence

Re-performance shall take place within 24 hrs.

6.0 Deliverables

6.1 Audits

6.1.1 First Performance Year

For the Document Review and Re-certification Audit: a) Audit date: The ISO 9001:2015 Recertification audit at Kansas City District is to be completed prior to May 1, 2020. Schedule audit date. b) Audit schedule. c) Audit plan. d) Audit. e) Audit report. After successful completion of the Re-certification Audit: ANSI-ASQ National Accreditation Board (ANAB) accreditation mark and certificate, or equivalent accreditation mark and certificate as identified in Paragraph 4.1.

6.1.2 Second Performance Year

For the 1st Surveillance Audit: a) Schedule audit date. b) Audit schedule. c) Audit plan. d) Audit. e) Audit report.

6.1.3 Third Performance Year

For the 2nd Surveillance Audit: a) Schedule audit date. b) Audit schedule. c) Audit plan. d) Audit. e) Audit report.

Section E - Inspection and Acceptance

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

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-OCT-2019 TO

30-SEP-2022

N/A USACE, KANSAS CITY +

TIMOTHY KURGAN

PM-PF FEDERAL BLDG, 601 E 12TH

STREET

KANSAS CITY MO 64106

816-389-2336 FOB: Destination

966419

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-17 Ownership or Control of Offeror JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.212-1 Instructions to Offerors--Commercial Items OCT 2018 52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.222-22 Previous Contracts And Compliance Reports FEB 1999 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

AUG 2018

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 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

52.246-4 Inspection Of Services--Fixed Price AUG 1996 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 SEP 2013 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

OCT 2016

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

MAY 2016

252.225-7036 Buy American--Free Trade Agreements--Balance of Payments Program--Basic

DEC 2017

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 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.247-7023 Transportation of Supplies by Sea FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

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

EXECUTIVE ORDERS--COMMERCIAL ITEMS (MAY 2019)

(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 items:

(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 (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(5) 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 items: (Contracting Officer check as appropriate.)

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

____ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

____ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

XX (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-

282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div.

C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub.

L. 111-117, section 743 of Div. C).

XX (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

____ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

____ (10) [Reserved]

____ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).

____ (ii) Alternate I (NOV 2011) of 52.219-3.

____ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

____ (ii) Alternate I (JAN 2011) of 52.219-4.

____ (13) [Reserved]

XX (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).

____ (ii) Alternate I (NOV 2011).

____ (iii) Alternate II (NOV 2011).

____ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

____ (ii) Alternate I (Oct 1995) of 52.219-7.

____ (iii) Alternate II (Mar 2004) of 52.219-7.

____ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

____ (17)(i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (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 (Nov 2016) of 52.219-9.

____ (v) Alternate IV (Aug 2018) of 52.219-9.

____ (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).

____ (19) 52.219-14, Limitations on Subcontracting (JAN 2017) (15 U.S.C. 637(a)(14)).

____ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C.

657f).

____ (22) 52.219-28, Post Award Small Business Program Rerepresentation (July 2013) (15 U.S.C. 632(a)(2)).

____ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women- Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

____(24) 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 (Dec 2015) (15 U.S.C. 637(m)).

XX (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

XX (26) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126).

XX (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

XX (28)(i) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).

____ (ii) Alternate I (Feb 1999) of 52.222-26.

XX (29)(i) 52.222-35, Equal Opportunity for Veterans (OCT 2015)(38 U.S.C. 4212).

____ (ii) Alternate I (July 2014) of 52.222-35.

____ (30)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

____ (ii) Alternate I (July 2014) of 52.222-36.

____ (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

____ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496).

XX (33)(i) 52.222-50, Combating Trafficking in Persons (JAN 2019) (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).

____ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

____ (35)(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.)

____ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

____ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

____ (38) (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.

____ (39)(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.

____ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

____ (41)(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.

XX (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O.

13513).

____ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

____ (44) 52.223-21, Foams (Jun 2016) (E.O. 13693).

____ (45)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

____ (ii) Alternate I (JAN 2017) of 52.224-3.

____ (46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

____ (47) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L.

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 (May 2014) of 52.225-3.

____ (iii) Alternate II (May 2014) of 52.225-3.

____ (iv) Alternate III (May 2014) of 52.225-3.

____ (48) 52.225-5, Trade Agreements (AUG 2018) 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

____ (49) 52.225-13, Restrictions on Certain Foreign Purchases (JUNE 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

____ (50) 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. 2302 Note).

____ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150

____ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.

5150).

____ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

XX (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

XX (55) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Oct 2018) (31 U.S.C.

3332).

____ (56) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (July 2013) (31 U.S.C. 3332).

____ (57) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

____ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

____ (59) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

____ (60)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C.

Appx. 1241(b) and 10 U.S.C. 2631).

____ (ii) Alternate I (Apr 2003) of 52.247-64.

____ (iii) Alternate II (Feb 2006) 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 items: (Contracting Officer check as appropriate.)

_____ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495).

XX (2) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

XX (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

_____ (4) 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).

_____ (5) 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).

_____ (6) 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).

_____ (7) 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).

XX (8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015) (E.O. 13658).

_____ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

_____ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (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, 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 items. 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 (Oct 2015) (41 U.S.C. 3509).

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

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

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(v) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(vii) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

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

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

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

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

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

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

(xiii) _____ (A) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627).

_____ (B) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xiv) 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.)

(xv) 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)

(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

(xvii)52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

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

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

(xix) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(xx) 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.

2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C.

1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C.

Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause

52.247-64.

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

(End of clause)

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):

Federal Acquisition Regulations System (FAR) https://www.acquisition.gov/browse/index/far

Defense Federal Acqusition Regulation Supplement (DFARS) https://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html

Army Federal Acquisition Regulation Supplement (AFARS) https://spcs3.kc.army.mil/asaalt/procurement/AFARS/Home.aspx

(End of provision)

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):

Federal Acquisition Regulations System (FAR) https://www.acquisition.gov/browse/index/far

Defense Federal Acqusition Regulation Supplement (DFARS) https://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html

Army Federal Acquisition Regulation Supplement (AFARS) https://spcs3.kc.army.mil/asaalt/procurement/AFARS/Home.aspx

(End of clause)

Section K - Representations, Certifications and Other Statements of Offerors

CLAUSES INCORPORATED BY FULL TEXT

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (OCT 2018)

ALTERNATE I (OCT 2014)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u)) of this provision.

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

“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

“Forced or indentured child labor” means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

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

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

“Inverted domestic corporation,” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

“Sensitive technology”—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

“Small disadvantaged business concern, consistent with 13 CFR 124.1002,” means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

“Subsidiary” means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Veteran-owned small business concern” means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

“Women-owned small business concern” means a small business concern --

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127),” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

(b)

(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in 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), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs __.

[Offeror to identify the applicable paragraphs at (c) through (u) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

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.

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 electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract is to be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a small business concern.

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a service-disabled veteran-owned small business concern.

(4)…