W912DR22B0015 Tioga-Hammond Dam - RFB final.pdf

PROJECT TITLE: TIOGA-HAMMOND DAM LOW FLOW PORT BULKHEADS in TIOGA, PENNSYLVANIA

The proposed project w ill be a small business set-aside, f irm-fixed price contract procured in accordance w ith FAR 14, Sealed Bidding, via an Invitation for bid (IFB). The purpose of this contract is for construction services for Tioga-Hammond Dam Low Flow Port Bulkheads in Tioga, Pennsylvania

Type of Contract: Firm-Fixed Price (FFP) Type of Solicitation: Invitation for Bid (IFB)

This construction project is being solicited as a competitive acquisition under NAICS Code 237990 and a size standard of $39.5M.

X

ERICKA T COLLINS

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS

NEGOTIATED

01-Jul-2022

(RFP)

(IFB)

CALL:

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______10 calendar days and complete it w ithin ________365 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________52.211-10

12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________02 Aug 2022 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

shall be marked to show the offeror's name and address, the solicitation number, and the date and time of fers are due.

B. An offer guarantee X is, is not required.

C. All offers are subject to the (1) w ork requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than _______90 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

4. CONTRACT NO.

7. ISSUED BY CODE

USACE, BALTIMORE

2 HOPKINS PLAZA

BALTIMORE MD 21201

W912DR

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

11:00 AM (hour)

Sealed envelopes containing offers

5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.

8. ADDRESS OFFER TO (If Other Than Item 7)

FAX:TEL: TEL: FAX:

W912DR22B0015 53

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

SOLICITATION, OFFER, AND AWARD (Continued) (Construction, Alteration, or Repair)

CODE FACILITY CODE

17. The offeror agrees to perform the w ork required at the prices specif ied below in strict accordance w ith the terms of this solicitation, if this offer is accepted by the Government in w riting w ithin ________ calendar days after the date offers are due.

the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS SEE SCHEDULE OF PRICES

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

CODE27. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY

(Include ZIP Code)14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NO. (Include area code)

See Item 14

(Include only if different than Item 14)16. REMITTANCE ADDRESS

30B. SIGNATURE

29. AWARD (Contractor is not required to sign this document.)

document and return _______ copies to issuing office.) Contractor agrees Your of f er on this solicitation, is hereby accepted as to the items listed. This award con-to f urnish and deliv er all items or perf orm all work, requisitions identif ied summates the contract, which consists of (a) the Gov ernment solicitation and on this f orm and any continuation sheets f or the consideration stated in this y our of f er, and (b) this contract award. No f urther contractual document is contract. The rights and obligations of the parties to this contract shall be necessary .

gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certif ications, and specif ications or incorporated by ref er-ence in or attached to this contract.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)

30C. DATE

(Type or print)

TEL: EMAIL:

31B. UNITED STATES OF AMERICA 31C. AWARD DATE

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

W912DR22B0015

Section 00 10 00 - Solicitation

BID SCHEDULE

PART I - THE PRICE SCHEDULE

SECTION 00010 - SUPPLIES OR SERVICES AND PRICES

PRICE SCHEDULE

ITEM ESTIMATED UNIT ESTIMATED

NO. DESCRIPTION QUANTITY UNIT PRICE AMOUNT

BASE BID ITEMS

All costs in connection with Tioga Dam Low Flow Port Bulkheads, complete as shown on the drawings and specified in the Contract specifications, but exclusive of Optional Line items 002 - 003 below.

--- JOB Lump Sum

TOTAL BASE BID AMOUNT:

OPTIONAL BID ITEMS

Provide two additional bulkheads.

Hammond and Crooked Creek Visual inspection – Crane bulkhead placement and dewatering.

TOTAL BASE AND OPTIONAL BID AMOUNT:

NOTES TO BIDDERS

- Offerors must quote on all items. Failure to quote on all items may be cause for rejection of the proposal.

- Optional Items may be exercised at any time within 90 calendar days after the date of receipt of

Notice to Proceed. The Contracting Officer may exercise the Optional Items by written notice to the Contractor, postmarked within the period specified above. The Government may exercise any, all or none of the listed Optional Items in any order.

- No additional time for contract completion will be allowed when an Optional Item is exercised.

- Submit your price information using the table above only.

- Evaluation of Options:

Except when it is determined not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement.

Evaluation of options will not obligate the Government to exercise the option(s).

SCOPE OF WORK

SCOPE OF WORK

TIOGA-HAMMOND DAM LOW FLOW PORT BULKHEADS

TIOGA, PENNSYLVANIA

13 June 2022 Project Description

Tioga-Hammond Dam is in Tioga, PA (Tioga County), and is located approximately 7-miles south of the Pennsylvania-New York State Boundary. The main access to the site is from US-15 and taking the PA-287 South exit. Tioga-Hammond Dam is associated with the Tioga-Hammond Lakes flood risk management project and provides protection from high-water events on the Tioga River and Corey Creek.

The project consists of but is not limited to the following:

a. Provide two new low flow port bulkheads and accessories for the existing dam intake structure, including seals, lifting chains, shoes, guides, and anchor bolts.

b. Install the new guides on the existing dam intake structure. Installation shall include drilling holes and placing new anchor bolts underwater.

c. Provide adjustment and demonstration that the new low flow port bulkheads repeatedly fit properly in the guides and seat uniformly.

d. At the end of test fitting operations, and prior to final removal of the bulkheads, provide Government access to the Wet Wells for a duration of 120 hours, to perform visual inspection and maintenance activities. Bulkheads shall remain in place while Government performs maintenance. Contractor will be required to move bulkheads from one wet well to the other.

e. Optional Bid Line Item No. 0002, if awarded, is to provide two additional low flow port bulkheads. The bulkheads shall be one of each type, top and bottom, with accessories including seals and shoes. Provide adjustment and demonstration that the new low flow port bulkheads repeatedly fit properly in the guides and seat uniformly.

f. Optional Bid Line Item No. 0003, if awarded, is to provide on-site crane support, pumping, and related measures at the Hammond and Crooked Creek outlet works. Work generally entails the insertion of existing bulkheads by crane and subsequent dewatering by pumping. At the Hammond outlet works, there are two, side by side outlet conduits, each of which requires insertion of two bulkheads (work to be performed one conduit at a time). At the Crooked Creek outlet works there is one conduit with a single bulkhead. The purpose of the work is so that Government inspectors can enter the dewatered areas after bulkhead insertion to perform inspection of service gates within these areas.

g. Final Record Drawings (As-Builts): Submit the As-Built drawings after completion of work to correctly show the features of the project as it has been constructed by bringing the contract set into agreement with approved working as-built prints and adding such additional drawings as may be necessary. These working as-built marked prints must be neat, legible, and accurate. Provide both PDF and AutoCAD 2017 version files for As-Builts.

Project Requirements

The Contractor shall supply all labor, supervision, materials, equipment, supplies, and transportation to complete the construction of the Government furnished plans and specifications.

Endangered Species Workers should be advised that timber rattlesnakes may be encountered, and that avoidance is the best means of minimizing risks to personal safety. Access to the work locations will utilize existing access roads that are currently used by staff on a regular basis. The presence of timber rattlesnake dens within the existing access roads is unlikely.

Therefore, no effects to endangered species are expected. Workers, however, should be advised of the potential for encountering timber rattlesnakes during installation activities.

Operationsal Security (OPSEC)

1. 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. 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.

2. 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

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Base - Tioga Dam Low Flow Port Bulkheads

FFP

All costs in connection with Tioga Dam Low Flow Port Bulkheads, complete as shown on the drawings and specified in the Contract specifications, but exclusive of Optional Line items 002 - 003 below.

FOB: Destination

PSC CD: Y1AZ

NET AMT

0002 1 Job OPTION Additional Bulkheads

FFP

Provide two additional bulkheads.

0003 1 Job OPTION Visual Inspections

FFP

Hammond and Crooked Creek Visual inspection – Crane bulkhead placement and dewatering.

Section 00 21 13 - Instructions to Bidders

VIRTUAL BID OPENING

VIRTUAL BID OPENING SOLICITATION INSTRUCTIONS

Bids submitted in response to this solicitation will be submitted electronically. The bid opening will be conducted via a telephone conference call that is open to the public.

Electronic Bid Submission

WHAT - Bids shall be submitted electronically, as described. The bid shall not contain classified data. The use of hyperlinks in bids is prohibited.

NOTE: The only authorized transmission method for bids in response to this solicitation is electronically via SAFE online submission. NO OTHER TRANSMISSION METHODS (E- MAIL, FACSIMILE, REGULAR MAIL, HAND CARRIED, ETC.) WILL BE ACCEPTED.

WHEN - Bids must be submitted no later than the bid submission time. Bids submitted after the bid submission time will be considered late bids.

BID SUBMISSION TIME: 11:00 AM EST on 2 August 2022

Bids must be received by the Government by the date/time specified in the solicitation.

HOW - Bidders shall electronically send their bids using the following link:

https://safe.apps.mil/

WHO - The SAFE site will require contacts for bid submission to be provided. All requests for information and the bid submission must be sent to BOTH of the below contacts to ensure timely receipt of bids. Please use the following contact information to submit bids:

Contract Specialist: Ericka Collins at ericka.t.collins@usace.army.mil Contracting Officer: Patricia Morrow at patricia.morrow@usace.army.mil

BIDDERS MUST REQUEST AN UPLOAD CODE: Bidders must e-mail the Contract Specialist and Contracting Officer no later than five (5) working days prior to the bid opening date to receive a request code which will allow for file uploads via the SAFE site. Bidders that fail to request a code at least five (5) working days before bid opening date may not be able to receive a request code in time to upload their bids.

SUBMISSION FORMAT: Submission shall be in Adobe PDF format. You are limited to five (5) maximum files per upload (total size cannot exceed 2GB). If you have a large number of files, recommend that you combine or ZIP your files before uploading to the SAFE site. Bidders may use compression utility software such as WinZip or PKZip to reduce file size and facilitate transmission.

BID GUARANTEE: This solicitation requires submission of a bid guarantee in accordance with FAR 52.228-1.

Electronic bid submissions must include a scanned copy of the original bid guarantee.

A scanned copy of the original bid guarantee must be included in the electronic bid submission for the bid to be considered responsive.

BONDS AND INSURANCE: The Contractor will be required to furnish proof of insurance, including copies of the required endorsements, and performance and payment bonds within 10 calendar days following the Contractor’s receipt of the contract award.

FILE DESCRIPTION: Include a “File Description” for each file you upload. The “File Description” will be included in the e-mail notice to each of the recipients you choose to have access your file(s). NOTE: Do NOT enter Privacy Act Data (Personal Identification Information (PII)) in the File Description.

INSTRUCTIONS TO FOLLOW ON THE SAFE WEBSITE:

1. Once at the SAFE website, select the “Drop-off” icon. This allows users without a Common Access Card (CAC, an ID issued to certain Government users), or users whose computer is not configured to read a CAC the option to access the SAFE site as a guest.

2. After selecting the “Click Here” link, you will be prompted to add your personal information, file information, recipient (Government points of contact) information and e-mail settings.

3. When completing your file information, you will be required to enter the e- mail addresses for all recipients. For this solicitation, the recipients are the Contract Specialist and the Contracting Officer, listed above. Although the e- mail address of the Government employee who initiated the request code will be automatically entered, this address may not be correct. The Bidder must enter and add the e-mail addresses for both the Contracting Officer and Specialist listed above to the Recipient List. The Bidder can enter an additional e-mail address if desired. After entering the e-mail address, click the ADD button to add the e-mail to the “Recipients List” for your response. When your bid is submitted, a notification will be sent to the selected recipients.

NOTE: Do NOT send the SAFE site packages to group e-mail accounts.

Even if you successfully upload your bid to the SAFE site, notification will not be sent to the Government recipients until you verify your e-mail address. Entering an incorrect e-mail may result in the rejection of your submission for lateness. A Bidder can confirm proper submission by the ‘Drop-Off Completed” screen which generates based on proper file submission.

NOTE: It has been reported that documents are more quickly uploaded into the SAFE website when using a Firefox web browser. The Government cannot verify that this is true and offers no guarantee that Bidders will have more success utilizing any particular browser.

TIMELINESS OF BIDS:

For the purposes of establishing whether a bid submission is considered timely, the Government considers the date and time the submission is completely uploaded into the SAFE website. Do not assume that electronic communication is instantaneous. It can take several minutes or even hours in some cases.

The Government will not be responsible for bids delivered to any location or to anyone other than those designated to receive bids. Bidders are responsible for ensuring that bids are submitted so as to reach the designated recipient.

Bidders are responsible for allowing sufficient time for the bid to be received in accordance with the instructions provided.

Bid Opening

Bids will be opened after bid submission time has expired and the Government has had time to download and organize the bids from the SAFE sight. No Government officials will open electronic documents until the Independent Government Estimate is finalized and received by the Bid Opening Official.

BID OPENING TIME: 1:00 PM EST on 2 August 2022

The bid opening will be conducted via public conference call. Bidders and members of the public may use the below information to access the conference call:

Join by phone +1-669-234-1177 US Toll +1-844-800-2712 US Toll Free

During the bid opening, the Bid Opening Official will read the bid totals in the order received electronically. The Bid Opening Official will then read the line item prices and total for each submission. The Contract Specialist will record the bid opening results, which will be posted to www.SAM.gov as quickly as practicable following the bid opening.

In accordance with FAR 14.402-1(c), interested persons may examine the bids after the bid opening. Interested persons may contact the Contract Specialist identified above following the bid opening to request an electronic copy of the bid(s). Please be considerate of limited Government resources and request bid copies only as necessary.

To preserve conference line stability, bidders are asked to limit the number of individual calls to the conference line to the minimum needed for participation. The bid opening will proceed as scheduled even if individual bidders or members of the public are not able to access the telephone line at the bid opening time. Any interested party may access the results of the bid opening on www.SAM.gov shortly after the bid opening.

Meeting number (access code): 2760 777 7105

INSTRUCTIONS TO BIDDERS

1. BID CONDITIONS

N/A

2. COMPETITION: Small Business

3. SUBMISSION OF BIDS

See Virtual Bid Opening section of solicitation for submission instructions.

4. REQUESTS FOR INFORMATION

Technical inquiries and questions relating to this solicitation are to be submitted via Bidder Inquiry in ProjNet at (https://www.projnet.org) No Later Than (NLT) 19 July 2022, 11:00 AM EST. To submit and review inquiry items, prospective vendors will need to use the Bidder Inquiry Key presented below and follow the instructions listed below the key for access. A prospective vendor who submits a comment /question will receive an acknowledgement of their comment/question via email. Another email to the same address will notify the prospective vendor once the reply is available for viewing.

The Bidder Inquiry Key is: B4U8QA-5W6C55 Specific Instructions for ProjNet Bid Inquiry Access:

1. From the ProjNet home page linked above, click on Quick Add on the upper right side of the screen.

2. Identify the Agency. This should be marked as USACE.

3. Key. Enter the Bidder Inquiry Key listed above.

4. Email. Enter the email address you would like to use for communication.

5. Click Continue. A page will then open saying that a user account was not found and will ask you to create one using the provided form.

6. Enter your First Name, Last Name, Company, City, State, Phone, Email, Secret Question, Secret Answer, and Time Zone. Make sure to remember your Secret Question and Answer as they will be used from this point on to access the ProjNet system.

7. Click Add User. Once this is completed you are now registered within ProjNet and are currently logged into the system.

Specific Instructions for Future ProjNet Bid Inquiry Access:

1. For future access to ProjNet, you will not be provided any type of password. You will utilize your Secret Question and Secret Answer to log in.

2. From the ProjNet home page linked above, click on Quick Add on the upper right side of the screen.

3. Identify the Agency. This should be marked as USACE.

4. Key. Enter the Bidder Inquiry Key listed above.

5. Email. Enter the email address you used to register previously in ProjNet.

6. Click Continue. A page will then open asking you to enter the answer to your Secret Question.

7. Enter your Secret Answer and click Login. Once this is completed you are now logged into the system.

Responses to RFIs via ProjNet are for informational purposes only. Official responses will be provided by amendment.

CLAUSES INCORPORATED BY REFERENCE

52.204-22 Alternative Line Item Proposal JAN 2017 52.214-3 Amendments To Invitations For Bids DEC 2016 52.214-4 False Statements In Bids APR 1984 52.214-5 Submission Of Bids DEC 2016 52.214-6 Explanation To Prospective Bidders APR 1984 52.214-7 Late Submissions, Modifications, and Withdrawals of Bids NOV 1999 52.214-12 Preparation Of Bids APR 1984 52.214-34 Submission Of Offers In The English Language APR 1991 52.214-35 Submission Of Offers In U.S. Currency APR 1991 52.225-10 Notice of Buy American Requirement--Construction

Materials

MAY 2014

52.228-1 Bid Guarantee SEP 1996 52.232-13 Notice Of Progress Payments APR 1984 52.236-27 Alt I Site Visit (Construction) (Feb 1995) - Alternate I FEB 1995 252.215-7008 Only One Offer JUL 2019

CLAUSES INCORPORATED BY FULL TEXT

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

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

Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

Registered in the System for Award Management (SAM) means that--

(1) The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14) into SAM;

(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of Contact sections of the registration in SAM;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record ``Active''.

Unique entity identifier means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

(b)(1) An Offeror is required to be registered in SAM when submitting an offer or quotation, and shall continue to be registered until time of award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation ``Unique Entity Identifier'' followed by the unique entity identifier that identifies the Offeror's name and address exactly as stated in the offer. The Offeror also shall enter its EFT indicator, if applicable. The unique entity identifier will be used by the Contracting Officer to verify that the Offeror is registered in SAM.

(c) If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for establishment of the unique entity identifier directly to obtain one. The Offeror should be prepared to provide the following information:

(1) Company legal business name.

(2) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(3) Company physical street address, city, state, and Zip Code.

(4) Company mailing address, city, state and Zip Code (if separate from physical).

(5) Company telephone number.

(6) Date the company was started.

(7) Number of employees at your location.

(8) Chief executive officer/key manager.

(9) Line of business (industry).

(10) Company headquarters name and address (reporting relationship within your entity).

(d) Processing time should be taken into consideration when registering. Offerors who are not registered in SAM should consider applying for registration immediately upon receipt of this solicitation. See https://www.sam.gov for information on registration.

(End of Provision)

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm-fixed price, Construction contract resulting from this solicitation.

(End of provision)

52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from

Patricia Morrow 300 Sentinal Drive Annapolis Junction, MD 20701

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

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):

Acquisition.gov

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

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

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

Section 00 45 00 - Representations and Certifications

52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.209-7 Information Regarding Responsibility Matters OCT 2018 52.222-38 Compliance With Veterans' Employment Reporting

Requirements

FEB 2016

252.203-7005 Representation Relating to Compensation of Former DoD Officials

NOV 2011

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

DEC 2019

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAY 2022)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 237990.

(2) The small business size standard is $39,500,000.

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

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

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

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

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

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

( ) Paragraph (d) applies.

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

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

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

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

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

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

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

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

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

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

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

(B) Exceed the simplified acquisition threshold; and

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(xxi) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates 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 $92,319, the provision with its Alternate II applies.

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

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

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

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

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

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

[Contracting Officer check as appropriate.]

(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.

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

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

(a) Definitions. As used in this provision-

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

(b) Prohibition.

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

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

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

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

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

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

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

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

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

(d) Representations. The Offeror represents that--

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

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

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

(e) Disclosures.

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

252.204-7007 ALTERNATE A, ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAY 2021)

Substitute the following paragraphs (b), (d) and (e) for paragraphs (b) and (d) of the provision at FAR 52.204-8:

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

(e) of this provision applies.

(2) If the provision at FAR 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 (e) 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:

__ (i) Paragraph (e) applies.

__ (ii) Paragraph (e) does not apply and the Offeror has completed the individual representations and certifications in the solicitation.

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

(i) 252.204-7016, Covered Defense Telecommunications Equipment or Services--Representation. Applies to all solicitations.

(ii) 252.216-7008, Economic Price Adjustment--Wage Rates or Material Prices Controlled by a Foreign Government. Applies to solicitations for fixed-price supply and service contracts when the contract is to be performed wholly or in part in a foreign country, and a foreign government controls wage rates or material prices and may during contract performance impose a mandatory change in wages or prices of materials.

(iii) 252.225-7042, Authorization to Perform. Applies to all solicitations when performance will be wholly or in part in a foreign country.

(iv) 252.225-7049, Prohibition on Acquisition of Certain Foreign Commercial Satellite Services--Representations.

Applies to solicitations for the acquisition of commercial satellite services.

(v) 252.225-7050, Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism. Applies to all solicitations expected to result in contracts of $150,000 or more.

(vi) 252.229-7012, Tax Exemptions (Italy)--Representation. Applies to solicitations when contract performance will be in Italy.

(vii) 252.229-7013, Tax Exemptions (Spain)--Representation. Applies to solicitations when contract performance will be in Spain.

(viii) 252.247-7022, Representation of Extent of Transportation by Sea. Applies to all solicitations except those for direct purchase of ocean transportation services or those with an anticipated value at or below the simplified acquisition threshold.

(2) The following representations or certifications in SAM are applicable to this solicitation as indicated by the Contracting Officer: [Contracting Officer check as appropriate.]

____ (i) 252.209-7002, Disclosure of Ownership or Control by a Foreign Government.

____ (ii) 252.225-7000, Buy American--Balance of Payments Program Certificate.

____ (iii) 252.225-7020, Trade Agreements Certificate.

____ Use with Alternate I.

____ (iv) 252.225-7031, Secondary Arab Boycott of Israel.

____ (v) 252.225-7035, Buy American--Free Trade Agreements--Balance of Payments Program Certificate.

____ Use with Alternate I.

____ Use with Alternate II.

____ Use with Alternate III.

____ Use with Alternate IV.

____ Use with Alternate V.

____ (vi) 252.226-7002, Representation for Demonstration Project for Contractors Employing Persons with Disabilities.

____ (vii) 252.232-7015, Performance-Based Payments--Representation.

(e) The Offeror has completed the annual…