W912DR24R0026 East Sidney Guardrail Replacement.pdf

PROJECT NAME: Guardrail Replacement at East Sydney Dam in Franklin, NY

Magnitude of Construction: $100,000.00 to $250,000.00

This requirement w ill result in a Firm-Fixed Price Construction Contract.

The requirement is a 100% Small Business Set Aside

NAICS Code: 237310 Size Standard: $45,000,000.00

ROBERT L. FEREBEE

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

15-Apr-2024

(RFP)

(IFB)

X

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 _______7 calendar days and complete it w ithin ________180 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________ FAR 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 ______________03 May 2024 (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 offers are due.

B. An offer guarantee is, X 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 _______30 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:

W912DR24R0026 77

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

Section 00 00 00 - Procurement and Contracting Requirements

CONTRACTING OFFICER STATEMENT

Only a warranted Contracting Officer (either a Contracting Officer or an Administrative Contracting Officer (ACO)), acting within their appointed limits, has the authority to issue modifications or otherwise change the terms and conditions of this contract. If an individual other than the Contracting Officer attempts to make changes to the terms and conditions of this contract, you shall not proceed with the change and shall immediately notify the Contracting Officer. Proceeding with any work not authorized by the Contracting Officer will be at the Contractor’s own risk.

Section 00 01 10 - Table of Contents

Exhibit/Attachment Table of Contents

DOCUMENT TYPE DESCRIPTION PAGES DATE

Attachment 1 SF LLL Attachment 2 Certificate of Corporate

Authority

Section 00 10 00 - Solicitation

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Guardrail Demolition and Installation

FFP

The Contractor, as an independent Contractor and not as an agent of the Government, shall furnish all labor, supervision, materials, equipment and supplies to perform work in accordance with the specifications of the Statement of Work dated March 2023.

FOB: Destination

PSC CD: Z1LB

NET AMT

STATEMENT OF WORK

East Sidney Lake Franklin, NY

East Sidney Guardrail Replacement and Road Shoulder Confinement

MARCH 2023

General: East Sidney Lake is in Delaware County, NY, on the Ouleout Creek five miles upstream from the town of Unadilla, NY. The project provides flood damage reduction and recreation opportunities. The dam is a concrete structure with an earthen embankment on the right (looking downstream) side of the concrete structure with a paved roadway. To improve safety a new guardrail will be installed as described herein and on contract documents.

Existing Conditions: The existing guardrail is a triple cable system that is no longer at the correct grade. This is due to recent rehabilitation and paving to the dam crest that raised the crest several inches to several feet across the crest. (See figure 1).

Figure 1 Existing Guardrail

Site Access: Access to the site is available via Sidney Wells Bridge Road to Triverfield Road (See Attachment 1) from NY Route 357. The access road is a privately owned and maintained road with keyed/gated access.

Government personnel will provide site access to the Contractor for the duration of the inspection and construction effort. The road varies from 20 to 30 feet wide. A site visit is highly recommended by prospective bidders to view the access conditions, and other features of work before bidding on the work described herein.

Statement of Work

The US Army Corps of Engineers at East Sidney Dam, New York require the replacement of the 2,500 feet of guardrail on the dam crest access road. The new guardrail will be a galvanized steel W-beam with steel I-beam posts and will meet or exceed New York Department of Transportation and Federal Highway Administration standards and specifications. This statement of work includes providing all labor, supervision, materials, equipment, supplies and disposal of existing guardrail to complete the following:

Task 1: Installation of new Galvanized steel guardrail

a. Guardrail

Remove existing guardrail cables and posts and install a new galvanized W-beam steel guardrail with steel I-beam posts along the roadway on the dam crest. The new guardrail will extend the length of the current guardrail, comply with NY State DOT guardrail requirements in material, height, and distance from road edge. The old guardrail posts, cables and other materials are to be properly disposed of at the contractor’s expense.

b. Erosion and Sediment (E&S) Permits and Landscape Repair

All costs associated with developing the E&S Plan, installing, and maintaining required E&S controls, obtaining required permits, and paying associated fees, shall be paid for by contractor.

Refer to the Department of Environmental Conservation web below for information on permitting requirements. All costs associated with landscape repair shall be paid for by the contractor.

https://www.dec.ny.gov/chemical/43133.html

ATTACHMENTS

Attachment 1 – Project Site Map Attachment 2 – Site photos

Deliverables Government review and approval is required for all the following submittals:

Schedule of construction activities Manufacturer’s Catalog Cut Sheet (or equivalent)– submit data describing and depicting the material in enough detail to demonstrate specification compliance for approval.

1. Pre-work Submittals: Two paper copies or digital copies of the following shall be submitted within 20 days of award to the Contracting Officers Representative (COR).

1. Accident Prevention Plan (APP)

2. Emergency Closure Plan

3. Maintenance of Traffic Plan

4. Erosion and Sediment Control (E+S) Plan

5. Superintendent Certification

6. Materials Data (per drawing notes)

7. Guardrail Removal Plans

8. Guardrail product data

9. Guardrail installation method

2. Post-work Submittals: Two paper copies or digital copies of the following shall be submitted within 7 days to the COR.

1. Daily quality control reports.

2. As-Built Drawings

REFERENCES

Work shall be performed in accordance with the latest editions of the following:

- New York Department of Transportation regulations and specifications related to guardrails

- Federal Highway Administration regulations and specifications related to guardrails

- Engineering Manual (EM) 385-1-1 Safety and Health Requirements Manual

SPECIAL CONDITIONS

1. Period of Performance: The contractor shall complete pre-work submittals within 30 days of receiving notice of contract award. The contractor shall complete all work included herein within 180 calendar days of receiving notice to proceed from the Contracting Officer Reprehensive (COR). The start date shall be coordinated with the Contracting Officer’s Representative (COR) and Head Dam Operator. The Head Dam Operator shall also be provided with the construction schedule and task durations.

2. Performance of Work: The Contractor shall perform work only during normal Corps of Engineers duty hours (7:00 a.m. to 3:30 p.m., Monday through Friday, excluding Federal holidays). Exceptions to this condition shall be coordinated with and approved in advance by the East Section Chief, Susquehanna River Project.

3. 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/EM38511,2008BeingRevised.aspx. Prior to commencement of work under this contract the Contractor shall furnish to the Government an Accident Prevention Plan in accordance with Section I, Article 01.A.12 of the EM 385-1-1, dated 30 November 2014.

Internal guidance requires daily safety meetings/toolbox talk for employees performing work. The daily meetings should be included in the Accident Prevention Plan.

4. 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 and/or provide a written description of the incident within 24 hours of notification to do so.

5. 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).

6. Access and General Protection/Security Policy and Procedures: 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 COR. 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."

7. 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.

8. Operations and Storage Areas: The Contractor shall confine all operations (including storage of materials) to areas authorized or approved by the Head Dam Operator.

9. 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.

10. Environmental Protection: The Contractor shall comply with all Federal, State, and Local environmental regulations.

11. 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.

12. Records and Reports: In addition to the administrative requirements dictated elsewhere in this contract, the Contractor shall complete a Daily Construction Quality Control Report form to maintain record of contract performance, accident/injury incidence, and observance of project deficiencies. Forms will be distributed at pre-work conference.

13. Superintendent: The Contractor shall act as or provide a Superintendent and quality control manager whenever the work specified herein is being performed. The Superintendent shall conduct overall management coordination and be the central point of contact with the Government for performance of all work under this contract. The Superintendent and any individual designated to act for him/her shall have full authority to contractually commit the Contractor for prompt action on matters pertaining to work performed under this contract. Such authorization shall be submitted in writing to the Government representative. The Superintendent shall deal directly with the Government representative for normal day-to-day administration of the contract provisions. The Superintendent will be required to attend pre-work conference(s) prior to commencing work under this contract.

14. Project Operation: East Sidney Lake is a flood risk management project 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 projects or employees. The site of the work is subject to periodic flooding often uncontrolled by the operation of the dam. The Contractor shall consider the potential for high water levels in the scheduling of this contract.

It is the responsibility of the Contractor to coordinate all work with Head Dam Operator and COR.

INVOICES AND PAYMENT

1. Invoices: The Contractor shall submit itemized invoices 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. Each 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 or Call Order number

• Invoice total

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.

3. Remittance: Invoices shall be submitted via post-mail and/or electronic mail to the following addresses for payment. Should changes occur to the mailing addresses, the Contractor shall be notified of the correct recipient.

VIA Post Mail: U.S. Army Corps of Engineers ATTN: Luke Caputo 5960 Susquehanna Trail; Suite 1 Turbotville, PA 17772 VIA Electronic Mail: Luke.A.Caputo@usace.army.mil Phone: 570-707-8506

Section 00 21 00 - Instructions

INSTRUCTIONS TO OFFERORS

Quotes shall be submitted via email ONLY to Robert Ferebee at robert.l.ferebee@usace.army.mil or Nicole Brookes at nicole.c.brookes@usace.army.mil no later than due date listed in Box 13. A.

Site Visit - Offerors are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost or contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award. Please bring valid photo identification and a copy of a solicitation for verification purposes to the site visit.

Request for Information (RFI) - Submit any request for information concerning this request for quote to Contract Specialist, Robert Ferebee at robert.l.ferebee@usace.army.mil, no later than 11:00 AM EST on 19 April 2024.

The point of contact for the arrangement of a site visit is Brian Luprek and he can be contacted via phone at 570-574-2128 or email brian.k.luprek@usace.army.mil

SUBMISSION REQUIREMENTS

The Government will award a firm-fixed-price (FFP) contract to the responsible offeror whose offer conforms to the requirements as stated in this request for proposal (RFP). The award will be made based on the following three

(3) evaluation factors:

• Technical

• Past Performance

• Price

All offerors who receive an acceptable rating for the above Factors, the lowest price offeror will be selected for award.

The Government intends to evaluate proposals and make award without questions to offerors.

Therefore, the Offeror's initial proposal should contain the Offeror's best terms from a Technical and Cost standpoint. Unclear proposals may not result in questions for clarifications. Offers with an omission or unclear proposal may be judged to mean the contractor does not fully understand the requirements or understand what it takes to meet the requirements, regardless of the proposed cost/price, and will be rated unacceptable. In that case, the Offeror may be found unacceptable, and ineligible for award. The Government reserves the right to ask questions of offerors if the Contracting Officer determines them to be necessary.

THE OFFEROR MUST RECEIVE AN ACCEPTABLE RATING FOR THE TECHNICAL

FACTORS TO BE CONSIDERED FOR THIS CONTRACT.

FACTOR 1 – TECHNICAL

Submission Requirements: The Offeror shall submit their intended approach to executing this project.

The submission for this section shall not exceed 5 pages in length, excluding resumes.

Please provide the following:

1. Equipment plan: The proposed equipment list shall include the equipment to be used for the project. Include size, make, model, and ownership (owned or rented) of equipment.

2. Staffing plan: The proposed staffing plan shall include both numbers of personnel proposed and position titles for each of the two sample projects. Resumes for proposed key personnel, consisting of experience and other pertinent information, inclusive of superintendents, quality control inspectors, and foremen must also be submitted.

3. Work plan: A work plan shall be submitted indicating how the work will be accomplished including the steps required, definable features of work, disposal method, and any erosion control or mailto:robert.l.ferebee@usace.army.mil mailto:nicole.c.brookes@usace.army.mil mailto:robert.l.ferebee@usace.army.mil mailto:brian.k.luprek@usace.army.mil environmental installations required. An anticipated schedule of work in compliance with the Sample Project Statement of Work shall also be provided and shall include the earliest response time from date of award.

Evaluation Criteria: The Government will evaluate Offeror’s equipment, staffing, and work plans for each of the two projects for both completeness and reasonableness. A complete and reasonable equipment, staffing plan, and work plan will receive an Acceptable rating. Incomplete or unreasonable plans will receive a rating of Unacceptable. The Government will evaluate the capability of the firm to execute each of the two sample projects.

Adjectival Rating Description Acceptable Proposal meets the requirements of the solicitation.

Unacceptable Proposal does not meet the requirements of the solicitation.

FACTOR 2 – PAST PERFORMANCE

Submission Requirements: The offeror shall demonstrate recent, relevant experience on at least three (3) similar projects. If the offeror is a joint venture, each firm shall demonstrate experience. Submit at least 3 detailed examples of relevant work that is at least 50% completed and performed within the past 3 years.

Offerors shall complete the project description list chart below and have the customers / clients for those projects complete the past performance questions (PPQs) (see attachment in the SAM.gov Combined Solicitation and Synopsis) also listed below and have the customers / clients send completed PPQs directly to robert.l.ferebee@usace.army.mil.

Evaluation Criteria: The Government will evaluate how well the Offeror demonstrated their recent and relevant experience. If the Offeror is a joint venture, each entity must demonstrate qualifying experience comparable to its role on the project. The Government reserves the right to verify the experience record of cited projects or other recent projects or to interview owners or references. The Government will consider the extent of recent experience, degree of relevance of such experience to this project, demonstrated familiarity with similar sites, and local conditions.

Some examples of relevancy to this project may include, but not be limited to: (1) Number, size, type work, location; (2) Dates (completion within last 5 years); and (3) Firm's role and extent of work self-performed (subcontracting out all work is an examples of less relevant experience).

Adjectival Rating Description

Acceptable Based on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown (see note above).

Unacceptable Based on the offeror’s performance record, the Government does not have a reasonable expectation that the offeror will be able to successfully perform the required effort.

mailto:robert.l.ferebee@usace.army.mil

W912DR24R0026

Past Performance: Project Description List

Project #1 Project #2 Project #3 Contract Number

Project Location

Contract Amount

Contract Type (e.g.

Firm-fixed price, cost, etc.)

Who was the Prime Contractor?

Recency (Was the period of performance within the last 3 years?)

Did this project have a subcontractor agreement (Y/N)?

Did this project involve a teaming arrangement (Y/N)?

Customer / Reference Contact Information

- Name

- Organization

- Phone

- E-mail address

FACTOR 3 – PRICE

Submission Requirements: Offerors shall complete the Bidding Schedule by filling out the pricing data blanks in the solicitation.

Evaluation Criteria: Price will be evaluated by utilization of price analysis. This submission item is not rated.

Award will be made for the lowest-price, technically acceptable offer.

AT/OPSEC

Antiterrorism/Operations Security

1. General security requirements and guidance: The security requirements described below apply to all contract personnel (including employees of the prime Contractor (“Contractor”) and all subcontractor employees) supporting the performance requirements of this contract. The Contractor is responsible for compliance with these security requirements. Questions regarding security matters shall be addressed to the designated Government representative (e.g., Contracting Officer Representative (COR), Requiring Activity (RA) representative, or Contracting Officer (if a COR or other RA representative is not appointed)).

Contract personnel are critical to the overall security and safety of US Army Corps of Engineers (USACE) installations, facilities and activities, and security awareness training contributes to those efforts. The Department of Defense (DoD) and Army security training requirements specified below, if applicable, are performance requirements; all applicable contract personnel shall complete initial training within 30 days of contract award or the date new contract personnel begin performance on the contract. Within five business days from the completion of training, the Contractor shall provide written documentation (e.g., email or memorandum) to the Government representative. The documentation shall include the names of contract personnel trained and which training they completed; the Contractor shall maintain training records as part of their contract files and be prepared to provide copies of training certificates to the Government representative. Contractor personnel and vehicles are subject to search when entering federal installations. Additionally, all contract personnel shall comply with Force Protection Condition (FPCON) measures, Random Antiterrorism Measures (commonly referred to as “RAMs”), and Health Protection Condition (HPCON) measures. The Contractor is responsible for meeting performance requirements during elevated FPCON and/or HPCON levels in accordance with applicable RA plans and procedures --this includes identifying mission essential and non-mission essential personnel. In addition to the changes otherwise authorized by the changes clause of this contract, should the FPCON or HPCON levels at any individual facility or installation change, the Government may implement security changes that affect contract personnel. The Contractor shall ensure all contract personnel are aware of their security responsibilities, including any site-specific requirements identified in local policies or procedures.

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

RA.

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

4. Pre-screen candidates using E-Verify Program: Contractors shall comply with the requirements set forth in FAR clause 52.222-54 Employment Eligibility Verification and FAR Subpart 22.18 in using the E-Verify Program at (https://www.e-verify.gov/) (website subject to change) to meet the contract employment eligibility requirements. Contractors are encouraged to cooperate with Federal and State agencies responsible for enforcing labor requirements to include eligibility for employment under United States immigration laws in accordance with FAR 22.102-1(i). An initial list of verified/ eligible candidates shall be provided to the COR no later than three business days after the initial contract award. When contracts are with individuals, the individuals will be required to complete a Form I-9, Employment Eligibility Verification, and submit it to the Contracting Officer to become part of the official contract file.

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements NOV 2023

CLAUSES INCORPORATED BY FULL TEXT

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):

https://www.acquisition.gov/browse/index/far

(End of provision) https://www.acquisition.gov/browse/index/far

Section 00 45 00 - Representations and Certifications

52.204-16 Commercial and Government Entity Code Reporting AUG 2020 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

Section 00 70 00 - Conditions of the Contract

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

Section 00 72 00 - General Conditions

52.203-11 Certification And Disclosure Regarding Payments To

Influence Certain Federal Transactions

SEP 2007

52.203-12 Limitation On Payments To Influence Certain Federal Transactions

JUN 2020

52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-23 Prohibition on Contracting for Hardware, Software, and

Services Developed or Provided by Kaspersky Lab Covered Entities

DEC 2023

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

52.204-27 Prohibition on a ByteDance Covered Application JUN 2023 52.209-10 Prohibition on Contracting With Inverted Domestic

Corporations

NOV 2015

52.212-1 Instructions to Offerors--Commercial Products and Commercial Services

SEP 2023

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

NOV 2023

52.219-6 Notice Of Total Small Business Set-Aside NOV 2020 52.222-3 Convict Labor JUN 2003 52.222-6 Construction Wage Rate Requirements AUG 2018 52.222-7 Withholding of Funds MAY 2014 52.222-8 Payrolls and Basic Records JUL 2021 52.222-9 Apprentices and Trainees JUL 2005 52.222-10 Compliance with Copeland Act Requirements FEB 1988 52.222-11 Subcontracts (Labor Standards) MAY 2014 52.222-12 Contract Termination-Debarment MAY 2014 52.222-13 Compliance With Construction Wage Rate Requirements and

Related Regulations

MAY 2014

52.222-14 Disputes Concerning Labor Standards FEB 1988 52.222-15 Certification of Eligibility MAY 2014 52.222-26 Equal Opportunity SEP 2016 52.222-27 Affirmative Action Compliance Requirements for

Construction

APR 2015

52.222-35 Equal Opportunity for Veterans JUN 2020 52.222-36 Equal Opportunity for Workers with Disabilities JUN 2020 52.222-37 Employment Reports on Veterans JUN 2020 52.222-50 Combating Trafficking in Persons NOV 2021 52.222-54 Employment Eligibility Verification MAY 2022 52.222-55 Minimum Wages for Contractor Workers Under Executive

Order 14026

JAN 2022

52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2022 52.223-6 Drug-Free Workplace MAY 2001 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

JUN 2020

52.225-1 Buy American--Supplies OCT 2022 52.225-10 Notice of Buy American Requirement--Construction

Materials

MAY 2014

52.225-13 Restrictions on Certain Foreign Purchases FEB 2021

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications.

JUN 2020

52.232-5 Payments under Fixed-Price Construction Contracts MAY 2014 52.232-27 Prompt Payment for Construction Contracts JAN 2017 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.236-5 Material and Workmanship APR 1984 52.236-7 Permits and Responsibilities NOV 1991 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

APR 1984

52.236-12 Cleaning Up APR 1984 52.242-14 Suspension of Work APR 1984 52.244-6 Subcontracts for Commercial Products and Commercial

Services

DEC 2023

52.246-12 Inspection of Construction AUG 1996 52.249-1 Alt I Termination for Convenience of the Government (Fixed-price) (Short Form) (Apr 1984) - Alternate I

APR 1984

52.253-1 Computer Generated Forms JAN 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.203-7003 Agency Office of the Inspector General AUG 2019 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7015 Notice of Authorized Disclosure of Information for Litigation

Support

JAN 2023

252.204-7024 Notice on the Use of the Supplier Performance Risk System MAR 2023 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Country that is a State Sponsor of Terrorism

MAY 2019

252.223-7008 Prohibition of Hexavalent Chromium JAN 2023 252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.243-7001 Pricing Of Contract Modifications DEC 1991

CLAUSES INCORPORATED BY FULL TEXT

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.

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT

2020)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) 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”.

(c) Representations.

(1) The Offeror represents that it [ ___ ] does, [ ___ ] 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.

(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 any equipment, system, or service that uses covered telecommunications equipment or services.

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 7 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 180 days* The time stated for completion shall include final cleanup of the premises.

*The Contracting Officer shall specify either a number of days after the date the contractor receives the notice to proceed, or a calendar date.

(End of clause)

52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Techical, Price and Past Performance (Contracting Officer shall insert the significant evaluation factors, such as (i) technical capability of the item offered to meet the Government requirement; (ii) price; (iii) past performance (see FAR 15.304); and include them in the relative order of importance of the evaluation factors, such as in descending order of importance.)

Technical and past performance, when combined, are less important than price. (Contracting Officer state, in accordance with FAR 15.304, the relative importance of all other evaluation factors, when combined, when compared to price.)

https://www.sam.gov/

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (NOV 2023)

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

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

"Covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

"Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

"Forced or indentured child labor" means all work or service-

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

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4)…