W912DR21Q0004.docx

W912DR21Q0004

Section SF 30 - BLOCK 14 CONTINUATION PAGE

INSTRUCTIONS TO QUOTERS

INSTRUCTIONS TO QUOTERS

Please see block 8. Any questions concerning this solicitation must be submit Request for Information (RFIs) by email only to nadine.d.washington@usace.army.mil no later than 30 November 2020 at 12:00 PM (EST).

Proposals can be submitted via e-mail to Nadine D. Washington, Purchasing Agent at e-mail nadine.d.washington@usace.army.mil, Contracting Division, Services and Supplies Branch.

By submission of a proposal, the Proposal acknowledges the requirement that prospective awardee must have an active registration in the SAM database prior to award, during performance, and through final payment of any contract resulting from this proposal. Lack of active registration in the SAM database will make an Quoter ineligible for award. Quoters and contractors may obtain information on registration and annual confirmation requirements by calling 1-888-227-2423, or at: http://www.sam.gov.

Interested Quoter shall submit completed “Evaluation Criteria” stated below. All line items must be priced, a proposals providing partial pricing shall be considered non-responsive.

SUBMISSION REQUIREMENTS

QUOTER SHALL PROVIDE A QUOTE FOR EACH LINE ITEM ON THE “PRICE SCHEDULE”. FAILURE TO ABIDE MAY RESULT IN QUOTE BEING CONSIDERED NON- RESPONSIVE AND INELIGBLE FOR AWARD.

The Quote shall include:

· Price Schedule Government template provided. The basis for award will be made to the quoter with the lowest price.

PRICE SCHEDULE

Price Schedule Venturi Flow Meter Maintenance Service Dalecarlia Water Treatment Plant Washington Aqueduct

TOTAL

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT (PWS)

Washington Aqueduct Division Venturi Flowmeter Maintenance in East Filter Building

1. GENERAL INFORMATION:

1.1. Background/Introduction: The East Filter Building contains 26 water filters, each with its own control system that utilizes a differential flowmeter. Specifically, the differential flowmeters are venturi tube type using tapped differential pressure [DP] transmitters. The flowrate data being displayed is questionable at the moment. The purpose of this contract solicitation is to clean the venturi tube taps and recalibrate the transmitters in order to provide accurate water flowrate readings.

1.2. Scope of Work: The Contractor shall provide all labor, supervision, materials, equipment, and supplies to complete the following work for all (26) differential flowmeters in the East Filter Building:

1.2.1. Clean out venturi tube taps using rodding and flushing procedures until water stream flows clear.

1.2.2. Calibrate differential pressure transmitters and provide calibration records. All the materials needed for calibration are within reach (e.g. meters pressure source).

1.4. Period of Performance: Work shall commence no later than five (5) days after award and be completed within five (5) days of start. The start date will be coordinated with Point of Contact listed above.

1.5. Hours of Operation: The contractor is responsible for conducting business, between the hours of 06:00 AM through 03:30 PM Monday thru Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. For other than firm fixed price contracts, the contractor will not be reimbursed when the government facility is closed for the above reasons. The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

1.6. Place of Performance: The work to be performed under this contract will be performed at the Washington Aqueduct Dalecarlia Water Treatment Plant.

5900 MacArthur Blvd NW Washington, DC 20016

1.7. Type of Contract: The government will award a Firm Fixed Price (FFP) type of contract for this order.

1.8. Non-Personnel Services: This is a non-personnel services contract to provide venturi flowmeter maintenance in the East Filter Building. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn, is responsible to the Government.

2. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:

2.1. General: The Contractor shall furnish all supplies, materials, equipment, facilities, and services required to perform work under this contract. The Contractor shall be responsible for complying with any municipal laws, codes, and regulations applicable to the performance of the work. The Contractor shall be responsible for all materials delivered and work performed until completion and acceptance of the entire work, except for any completed unit of work which may have been accepted under the contract prior to Substantial Completion.

2.2. Accidents: The Contractor shall also be responsible for all damages to persons or property that occurs as a result of the Contractor’s fault or negligence.

2.3. Conduct of Operations and Personnel: The Contractor shall ensure all work is conducted in a manner that will minimize interference with the work of the Government personnel and other Contractors.

2.4. Clean-up and Disposal: The Contractor shall clean up the work area at the completion of the specific task, or at the close of each workday, whichever comes first, and properly dispose of waste generated in the performance of this contract. Waste disposal will be off site, by the Contractor.

3. QUALITY CONTROL:

3.1. The Contractor shall be responsible for maintaining adequate quality control to satisfactorily meet the specification of this contract. The government will assure quality performance through site inspections, and invoice review.

3.2. The Contractor shall establish a quality control program to assure the requirements of the contract are provided as specified under all sections of the contract.

3.3. The Government shall monitor the Contractor’s services by conducting site inspections. The Government reserves the right to alter or change the type of inspection plan at its discretion.

3.4. The Contractor shall designate an on-site representative who has the authority to make decisions, monitor the job for safety and act as an official agent for the contractor in the contractual relationship with the government. This representative or a designee shall be capable of telephonic or personal communication during work hours.

4. SPECIAL CONDITIONS:

4.1. Accident Prevention: In performing this contract the Contractor shall comply with all current Federal, State, and Local safety regulations, including Corps of Engineers Safety and Health Requirement Manual EM 385‐1‐1 and shall comply with any subsequent changes. Information regarding acquiring the Corps of Engineers Safety and Health Requirement Manual EM 385‐1‐1 may be found on the USACE Headquarters website at http://www.usace.army.mil/SafetyandOccupationalHealth/SafetyandHealthRequirements Manual.aspx Prior to commencement of work under this contract the Contractor shall furnish the following for approval by the Government:

4.2. Accident Reporting: In the event of an accident or injury involving contractor personnel or equipment in performance of work, the Contractor shall immediately notify the Government representative by the most expedient means feasible. The Contractor shall complete forms furnished by the Government and provide a written description of the incident within 24 hours of notification to do so.

4.3. Security Policy and Procedures: All contractor and associates sub-contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks or background investigation and to meet installation/facility access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. All contractor and all associated sub-contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks to meet installation/facility 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. All contract employees, including subcontractor employees who are not in possession of the appropriate security clearance or access privileges, will be escorted in areas where they may be exposed to classified and/or sensitive materials and/or sensitive or restricted areas. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any installation or facility change, the Government may require changes in contractor security matters or processes. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any installation or facility change, the Government may require changes in contractor security matters or processes.

4.4. Suspicious Activity Reporting Training: The contractor and all associated sub-contractors shall receive a brief/training (provided by government representative) on the local suspicious activity reporting program. This locally 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 project manager, security representative or law enforcement entity. This training shall be completed upon contract award with the results reported to the COR no later than (NLT) 5 calendar days after the completion of the training.

4.5. Pre-screen Candidates using E-Verify Program: The Contractor must pre-screen Candidates using the E-Verify Program (http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements. The Vendor must ensure that the Candidate has two valid forms of Government issued identification prior to enrollment to ensure the correct information is entered into the E-Verify system. An initial list of verified/eligible Candidates must be provided to the COR no later than 3 business days after the initial contract award.

4.6. Operations and Storage Areas: The Contractor shall confine all operations (including storage of materials) to areas authorized or approved by the Engineering Supervisor. The Contractor shall hold and save the Government, its officers, and agents free and harmless from liability of any nature occasioned by the Contractor’s performance.

4.7. Housekeeping: The Contractor shall keep the work area, including storage areas, free from accumulations of waste materials. Before completing the work, the Contractor shall remove from the work site and premises, any rubbish, tools, equipment, and materials that are not property of the Government. Upon completing the work the Contractor shall restore the work area to the original condition, to be approved by the Contracting Officer.

4.8. Environmental Protection: The Contractor is required to comply with all Federal, State, and Local environmental regulations.

4.9. Permits and Licenses: The Contractor shall, at his/her own expense, obtain any license or permits required to perform the contract. The Contractor shall comply with all Federal, State, and Local laws and regulations and shall comply with any subsequent changes.

4.10. Project Operation: Washington Aqueduct is an operational water treatment plant and a critical infrastructure site and the Contractor’s access to the work area and the execution of the requirements specified herein shall not interfere with the daily operations of the plant or employees.

5. SPECIFIC TASKS AND DELIVERABLES:

5.1. Contractor must meet the following requirements:

5.1.1. Meet or exceed minimum ISA standards.

5.1.2. Document deficiencies in plumbing, appurtenances, and electrical fixtures related to the flow meters. Provide an evaluation of the existing conditions related to the instruments, plumbing, appurtenances, and related equipment to the government. The report will include any suggested or necessary modifications, alterations, adjustments to increase the reliability and accuracy of the instruments.

5.1.3. Coordinate with the operations staff to perform a zero evaluation and check with the effluent valve closed. The true zero condition will be documented “as found”. Make notes on zero trim – before and after. The recorded “as found” condition will occur before any flushing or any changes to the “as-found” state.

5.1.4. Show definitively the “as found” conditions, and the after calibration conditions within the calibration sheet and notes.

5.1.5. Perform zero trim after the high and low pressure impulse tubing have been flushed and bled of all air bubbles, in a true zero flow state. The true zero flow state is defined as effluent valve closed and no water moving.

5.1.6. Replace all inoperable valves to facilitate rodding and flushing.

5.1.7. Demonstrate that the flow transmitter does indeed transmit the mA reading at x differential. There must ALWAYS be an "as found" column, and an "after calibration" column.

5.1.8. Calibrations must be recorded to the hundredths place after the decimal. This includes all engineering values, milliamp readings and pressures.

5.2. Calibration sheets must include the following information:

5.2.1. Nameplate data from the transmitter

5.2.2. Manufacturer and model of the transmitter

5.2.3. Curve data from the venturi

5.2.4. Model of the calibration equipment

5.2.5. Calibration date and calibration documentation number of the calibration equipment sticker/sheet

5.2.6. Notes on bleeding and balancing

5.2.7. Notes on port cleaning

5.2.8. Notes on zero evaluation and check

5.2.9. Notes on zero calibration

5.2.10. Documentation of imposing pressures on the transmitter to achieve the following engineering value outputs: 0%, 10%, 25%, 50%, 75%, 90%, 100%

5.2.11. Documentation that the scaled milliamp signal corresponds appropriately to the engineering value output of the instrument at 0%, 10%, 25%, 50%, 75%, 90%, 100%

6. INVOICES AND PAYMENT:

6.1. Invoices: The Contractor shall submit itemized invoice no sooner than 5 days from the completion of the contract activity and no later than 15 days from the completion of the total contract activity. The invoice shall accurately reflect work completed. The invoice at a minimum shall contain the following information:

Contractor name and address, exactly as it appears on the contract Contract number Date of invoice submission Invoice total

6.2. Corrections: Incorrect invoices will be returned to the Contractor for correction before processing payment. Corrected invoices shall be re‐dated to reflect the new submission date.

6.3. Remittance: Invoices shall be submitted via post and electronic mail to the following addresses below for payment. Should changes occur to the mailing addresses, the Contractor shall be notified of the change of address.

VIA Electronic Mail: WADinvoices@usace.army.mil Charles.w.ross2@usace.army.mil

QUALITY ASSURANCE SURVEILLANCE

PERFORMANCE-BASED QUALITY ASSURANCE SURVEILLANCE PLAN (QASP) FOR

WASHINGTON AQUEDUCT VENTURI FLOWMETER MAINTENANCE

1. INTRODUCTION

This Performance-Based Quality Assurance Surveillance Plan (QASP) has been developed pursuant to the requirements of the Performance Work Statement (PWS). This plan sets forth procedures and guidelines that the USACE will use in evaluating the technical and safety performance of the Contractor. A copy of the Performance Metrics is furnished in the PWS so that the Contractor will be aware of the methods that the Government will employ in evaluating their performance on this contract.

From the PWS: “The Contractor shall furnish all supplies, materials, equipment, facilities, and services required to perform work under this contract. The Contractor shall be responsible for complying with any municipal laws, codes, and regulations applicable to the performance of the work. The Contractor shall be responsible for all materials delivered and work performed until completion and acceptance of the entire work.”

2. PURPOSE OF THE QASP

The QASP is intended to accomplish the following:

a. Define the roles and responsibilities of participating Government officials;

b. Define the types of work to be performed with required end results;

c. Document the evaluation methods that will be employed by the Government in assessing the Contractor’s performance;

d. Provide the Surveillance Activity Checklists and Corrective Action Request (CAR) forms that will be used by the Government in documenting and evaluating the Contractor’s performance; and

e. Describe the process of performance documentation.

f. Outline quality assurance procedures to be employed by the Government during performance of this task order to confirm that the site characterization is conducted utilizing proper procedures and in accordance with the approved work and safety plans.

3. GOVERNMENT ROLES AND RESPONSIBILITIES

The following personnel shall oversee and coordinate surveillance activities.

a. Contracting Officer (KO) - The KO shall ensure performance of all necessary actions for effective contracting, ensure compliance with the contract terms, and shall safeguard the interests of the United States in the contractual relationship. The KO shall also assure that the contractor receives impartial, fair, and equitable treatment under this contract. The KO is ultimately responsible for the final determination of the adequacy of the contractor’s performance.

Assigned KO: Mark Ryan Andrews Organization or Agency: USACE – Baltimore District: Contracting Office Telephone: 410-962-4387 Email:mark.r.andrews@usace.army.mil

b. Contract Specialist (KS) –The KS acts as an acquisition consultant and serves as liaison between the USACE – Baltimore District: Contracting Office and the requesting program office (USACE – Baltimore District: Planning Division.

Assigned KS: Nadine D. Washington Telephone: 410-962-4387 Email: nadine.d.washington@usace.army.mil

c. Contracting Officer’s Representative (COR) - The COR is responsible for technical administration of the contract and shall assure proper Government surveillance of the contractor’s performance. The COR shall keep a quality assurance file. At the conclusion of the contract or when requested by the KO, the COR shall provide documentation to the KO. The COR is not empowered to make any contractual commitments or to authorize any contractual changes on the Government’s behalf. The contractor shall refer any changes they deem may affect contract price, terms, or conditions to the KO for action.

Assigned COR: Charles Ross Telephone: 202-587-9169 Email: Charles.W.Ross2@usace.army.mil

4. CONTRACTOR REPRESENTATIVES

The following employees of the contractor serve as the contractor’s Task Manager for this contract.

Technician – TBD Telephone: TBD Email: TBD

5. METHODOLOGIES TO BE USED TO MONITOR THE CONTRACTOR’S PERFORMANCE

Even though the Government, through its CORs located on site with the contractor, will be monitoring the contractor’s performance on a continuing basis, the volume of tasks performed by the contractor makes technical inspections of every task and step impractical. Accordingly, USACE will use the Surveillance Activity Table (Attachment A) as the basis for monitoring the contractor’s performance under this contract. The contractor’s performance will be evaluated by the Contracting Officer using the Performance Metrics listed in CPARS.

Quality Assurance Surveillance Activities In general, the work will be evaluated in terms of how well the requirements of the task order are satisfied, the extent to which the work performed follows the approach found in the contractor’s technical proposal, clarity of documentation, and timeliness of scheduled task accomplishment. At the discretion of the COR or the Contracting Officer or Specialist, other government officials approved by the Contracting Officer or Specialist may be asked to evaluate a particular deliverable or set of deliverables.

QUALITY ASSURANCE SURVEILLANCE TECHNIQUES

1 General. Some contract requirements have a more significant and important impact on the facilities or services provided. 100 percent inspection might be used for “critical” or “important” requirements; planned sampling or random sampling for “less important requirements”; and validated customer complaints or incidental inspection for the ‘least important requirements”. A method of surveillance is chosen for each contract requirement and a variety of surveillance methods are used for the inspection of the contract.

2 Random Sampling. Surveillance based on random sampling evaluates a portion of the work, accurately estimating Contractor performance through the use of statistical theory. Random sampling is most useful on large homogeneous populations where 100% inspection is not required or feasible. Also, if appropriate provisions are included in the specification and the random sampling is properly conducted, the percentage of defective work items found in the sample, adjusted for inaccuracies, may be extrapolated and deducted from the Contractor’s payment invoice. Random sampling will not be used for any inspections of Grounds Maintenance due to the small size of the Grounds Maintenance populations. Random sampling of small populations approach 100% inspection and are too labor intensive to be economical.

3 Planned Sampling. Planned sampling is similar to random sampling in that it is based on evaluating a portion of the work as the basis for evaluating the Contractor’s performance. Samples are selected based on a subjective rationale and the sample size is arbitrarily determined. Planned sampling is useful when population sizes are not large enough or homogeneous enough to make random sampling practical. Planned sampling will be used to surveille most grounds maintenance requirements.

4 One Hundred Percent Inspection. One hundred percent inspection is generally used for those services which are considered very important, those which have relatively small monthly populations, and those included in the indefinite quantity portion of the contract. 100% inspection will be used for acceptance of all extra work (special projects) including labor and material.

5 Validated Complaints. Validated complaints is a quality assurance method based on customer awareness. Building Residents are made aware of contract requirements and monitor the services provided by the Contractor. Where there is a case of poor performance or nonperformance, the Government (COR) is notified. The COR investigates the report and, if it is found to be valid, documents it. Customer Complaints will be used to supplement other surveillance techniques.

6 Unscheduled Inspection. Unscheduled inspection consists of impromptu evaluation of contract requirements whenever the COR feels there may be a need. This method is used to investigate suspected problems and will be used to support other methods of inspection. Unscheduled inspections are never used as a primary evaluation method of surveillance.

6. QUALITY ASSURANCE REPORTING FORMS

The forms used to document surveillance activities include Contractor’s Progress Report (Appendix F of CENAB Standard 18504.0) and/or Memorandums for Record. Nonconformance will be documented on a Corrective Action Request (CAR), Non-conformances are documented at the discretion of the person conducting the surveillance activity, but should be fair and reasonable. Each CAR will be annotated as a Critical nonconformance, Major nonconformance, or Minor nonconformance. CARs will be provided to the Contracting Officer for distribution to the contractor. The contractor will be required to correct safety issues immediately. All other CARs will provide a reasonable suspense date for the contractor to review and take appropriate action, usually 10 calendar days. The contractor is required to provide written responses to all CARs.

Completed forms will be consolidated and provided to the Contracting Officer at the end of each month for that month's surveillance activities. These forms, when completed, will document the contractor's compliance with contract requirements and completion of milestone activities. The Contracting Officer will evaluate contractor performance using the definitions contained in the CPARS and the metrics identified in this PWS.

ATTACHMENT A – S. Performance Standards for Venturi Flowmeter Maintenance

Method

7. METHODS OF QA SURVEILLANCE

Various methods exist to monitor performance. The COR shall use the surveillance methods listed below in the administration of this QASP.

Regardless of the surveillance method, the COR shall always contact the contractor's task manager or on-site representative when a defect is identified and inform the manager of the specifics of the problem. The COR, with assistance from the KS, shall be responsible for monitoring the contractor’s performance in meeting a specific performance standard/AQL.

8. RATINGS

Metrics and methods are designed to determine if performance exceeds, meets, or does not meet a given standard and acceptable quality level. A rating scale shall be used to determine a high to low, or neutral outcome. The following ratings shall be used:

HIGH:

Cleaning, calibration, and documentation tasks meet the standards outlined in the PWS.

9. DOCUMENTING PERFORMANCE

a. ACCEPTABLE PERFORMANCE.

The Government shall retain completed contractor service reports to document positive performance.

b. UNACCEPTABLE PERFORMANCE.

Unacceptable performance is defined as the unavailability of technical support, no response to service requests, incomplete work, unavailability of parts, and/or not providing a written service report. Should routine unacceptable performance occur, the COR shall inform the contractor. This will normally be in writing unless circumstances necessitate verbal communication. In any case the COR shall document the discussion and place it in the COR file.

When the COR determines formal written communication is required, the COR shall prepare a Contract Discrepancy Report (CDR), and present it to the contractor's task manager or on-site representative. A CDR template is attached to this QASP.

The contractor shall acknowledge receipt of the CDR in writing. The CDR will specify if the contractor is required to prepare a corrective action plan to document how the contractor shall correct the unacceptable performance and avoid a recurrence. The CDR will also state how long after receipt the contractor has to present this corrective action plan to the COR. The Government shall review the contractor's corrective action plan to determine acceptability.

Any CDRs may become a part of the supporting documentation for contract payment deductions, fixed fee deductions, award fee nonpayment, or other actions deemed necessary by the KO.

10. FREQUENCY OF MEASUREMENT

During contract/order performance, the COR will take measurements of the contractor’s performance during performance of work.

CONTRACTING OFFICER STATEMENT

Contracting Officer Statement The primary Contracting Officer for this action is Mark R. Andrews, however, any Contracting Officer holding the appropriate warrant authority in the Baltimore District can serve as the Contracting Officer for this contract.

Also, please note that any time the primary KO changes, it will be incorporated into the contract via unilateral modification to the contract."

Section SF 1449 - CONTINUATION SHEET

DELIVERY INFORMATION

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2020)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 811310.

(2) The small business size standard is $8,000,000.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(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 will be performed in the United States or its outlying areas.

(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 will be performed in the United States or its outlying areas.

(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 items.

(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 I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $83,099, the provision with its Alternate II applies.

(D) If the acquisition value is $83,099 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.]

(i) 52.204-17, Ownership or Control of Offeror.

(ii) 52.204-20, Predecessor of Offeror.

(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)

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)

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

(a) Definitions. As used in this provision-

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

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

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

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

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

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

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

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

(d) Representations. The Offeror represents that--

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

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

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

(e) Disclosures.

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)

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

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered foreign country means The People's Republic of China.

Covered telecommunications equipment or services means--

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video…