W912DW20Q8002.pdf
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- Howard A Hanson Dam Stilling Basin – Equipment w/ Operator Federal contract opportunity
- Solicitation number
- W912DW20Q8002
About this file
This request for quotation solicits equipment with operator services for site preparation work at Howard A. Hanson Dam. The USACE Seattle District requires a wheel loader, excavator, and operator services to reinforce the stilling basin with stone placement from August to September 2020. Offerors must price hourly rates for regular and overtime work, along with mobilization/demobilization costs. The solicitation is a 100% small business set-aside with responses due by April 10th. The wheel loader and excavator must meet minimum specifications for power, weight, and reach to handle stones from 5-27 tons. The period of performance is from award through September 1st. Davis Bacon wage rates apply.
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SEE ADDENDUM
(No Collect Calls)
W912DW20Q8002 26-Mar-2020
b. TELEPHONE NUMBER
206-764-6573
8. OFFER DUE DATE/LOCAL TIME
10:30 AM 10 Apr 2020
5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA – FAR (48 CFR) 53.212
(TYPE OR PRINT)
(SIGNATURE OF CONTRACTING OFFICER)
ADDENDA ARE
26. TOTAL AWARD AMOUNT (For Gov t. Use Only )
23.
CODE 10. THIS ACQUISITION IS
SUCH ADDRESS IN OFFER
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT
BELOW IS CHECKED
TELEPHONE NO.
W912DW9. ISSUED BY
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
VINCENT E DANIELS
2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER
(TYPE OR PRINT)
30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA
0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.
25. ACCOUNTING AND APPROPRIATION DATA
1. REQUISITION NUMBER
20.
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
ARE NOT ATTACHED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
. YOUR OFFER ON SOLICITATION
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
% FOR:SET ASIDE:UNRESTRICTED OR X
SMALL BUSINESSX
17a.CONTRACTOR/ CODE FACILITY
OFFEROR CODE
USA ENGINEER DISTRICT, SEATTLE
ATTN: CENWS-CT
4735 EAST MARGINAL WAY SOUTH, BLDG. 1202
SEATTLE WA 98134-2388
18a. PAYMENT WILL BE MADE BY CODE
RATED ORDER UNDER
DPAS (15 CFR 700)
13a. THIS CONTRACT IS A
13b. RATING
CODE15. DELIVER TO CODE 16. ADMINISTERED BY
SEE SCHEDULE
12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
14. METHOD OF SOLICITATION
RFQ IFB RFPX
206-764-6817FAX:
TEL: SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
8(A)
HUBZONE SMALL
BUSINESS
SIZE STANDARD:
$16,500,000
NAICS:
238910
X
OFFER DATED
29. AWARD OF CONTRACT: REF.
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
EMAIL:
TEL:
31c. DATE SIGNED
SEE SCHEDULE
SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT
24.22.21.19.
WOMEN-OWNED SMALL BUSINESS (WOSB)
ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
(CONTINUED)
PAGE 2 OF56
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
32b. SIGNATURE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
37. CHECK NUMBER
FINALPARTIALCOMPLETE
36. PAYMENT35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER
FINAL
33. SHIP NUMBER
PARTIAL
38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE
42a. RECEIVED BY (Print)
42b. RECEIVED AT (Location)
42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS
STANDARD FORM 1449 (REV. 2/2012) BACK
Prescribed by GSA – FAR (48 CFR) 53.212
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
SEE SCHEDULE
20.
SCHEDULE OF SUPPLIES/ SERVICES
21.
QUANTITY UNIT
22. 23.
UNIT PRICE
24.
AMOUNT
19.
ITEM NO.
W912DW20Q8002
Section SF 1449 - CONTINUATION SHEET
INSTRUCTIONS TO OFFERORS
INSTRUCTIONS TO OFFERORS
1. The solicitation is “100% small business set-aside”. All work shall be in accordance with the Scope of Work (SOW), attachments, and all other terms and conditions herein.
2. Quotes shall be submitted per the following:
All emailed offers shall contain the RFQ title in the subject line and emailed to the following email address: vincent.e.daniels@usace.army.mil. For questions call (206)-764-6573.
Faxed quotations will NOT be accepted.
Quotes must set forth full, accurate and complete information, as required by this RFQ.
3. PROSPECTIVE OFFERORS: Contractors shall be registered in the System for Awards Management (SAM) prior to award of a contract or agreement resulting from solicitations.
“Registered in the System for Award Management (SAM) database” 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 the SAM database;
(2) The offeror has completed the Core, Assertions, and Representations and Certification, and Points of contact sections of the registration in the SAM database;
(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.
(4) The Government has marked the record “Active”.
This rule more efficiently implements the Debt Collection Improvement Act of 1996, as it requires contractors to be registered in SAM for consideration of future solicitations, awards, and payment. Registration is required prior to award of any contract, basic agreement, basic ordering agreement, or blanket purchase agreement from a solicitation. LACK OF REGISTRATION IN THE SAM DATABASE WILL MAKE AN OFFER INELIGIBLE FOR AWARD. The web site may be accessed at www.sam.gov.
SAM Priority Processing Request: The notarized letter must have both the vendor signature page AND the notary signature page signed. If missing a signature (or other required data) GSA will reject the letter. This will cause the review and activation of the account will be delayed further. Any prioritization requests received on Friday are subject to delays because of the weekend. For a request you send on Friday afternoon, you may not receive your response until Monday morning.
4. ELECTRONIC FUNDS TRANSFER (EFT): Effective 99 Jun 01, the Government will make all payments by
EFT (unless the Government VISA credit card is accepted). The only exceptions are: 1) Foreign Vendors, 2) Government Agencies, and 3) One time payments. The EFT forms and instructions are on the USACE Finance Center (UFC) Web Page; www.fc.usace.army.mil. The UFC point of contact for this action is Mr. Kevin J.
Heath, kevin.j.heath@usace.army.mil, (901) 873-9135.
5. All questions resulting from this RFQ shall be submitted by close of business on 10 April 2020 (2:30 p.m., Pacifc, Local Time) two (2) days prior to the closing date.
6. Award will be made to the lowest priced responsible quoter whose quote conforms to the requirements of the solicitation.
7. Required Submittals:
Signed and dated STANDARD FORM 1449 (Solicitation/Contract/Order for Commercial Items).
Signed and dated STANDARD FORM 30 (Amendment of Solicitation/Modification of Contract), if applicable, for any Amendments to the solicitation.
Completed pricing information Bid Schedule for all CLIN items.
8. The contractor is required to provide the following information with your quote:
Federal Taxpayer’s ID Number:
DUNS Number:
Cage Code Number This requires registration in SAM, web site for registration is www.sam.gov.
Remit to Address:
Company Name:
Address:
City/State/Zip:
Phone & Fax Numbers:
Point of Contact:
E-Mail Address:
All quoted items must meet the requirements of the Request for Quote (RFQ) including specifications stated in all attachments.
ANNOUNCEMENT TO OFFERORS
Due to recent national events Seattle District US Army Corps of Engineers shall be conducting business under heightened security for the foreseeable future.
Access to Federal Center South, 4735 E Marginal Way S, Building 1202, Seattle, WA 98124 will be through the front lobby only. The building is under Federal Protective Service, which means that persons entering the facility are subject to inspection; including purses, packages, etc. All deliveries shall be thoroughly inspected. In addition, visitors may be required to be escorted by Corps personnel while in the building.
For any questions please contact the Contract Specialist assigned to your project or check our website at www.nws.usace.army.mil for up-to-date information.
SITE VISIT INFO
THIS PROCUREMENT IS:
100% Small Business Set-aside
SITE VISIT:
***IMPORTANT NOTIFICATION (COVID-19)***
Social distancing will be strictly enforced in response to COVID-19.
A one-time site visit is scheduled for April 8, 2020 at 9:00 a.m. Local Time (Pacific). An email “SHALL” be provided to the Contract Specialist 48 hours prior to the site visit with the name(s) of all the individuals planning on attending. Offerors wishing to visit the site shall meet at the parking lot at the new Headworks Gate. The Headworks Office is located at 36982 SE Green River Headworks Road, Ravensdale, WA, 98051. Drivers must sign in at the Headworks Office and show valid photo identification and proof of automobile insurance. After signing-in, all Offerors must park in the designated area on the north side of the Headworks Road.
Hardhats, safety reflective vests, and steel-toed boots are required but will not be provided. All participants will be required to sign an attendance list for admission into the City of Tacoma watershed. The Government will not be providing lunch and there will be limited restroom facilities.
Directions from I-405, take the SR 169 (Maple Valley/Enumclaw) exit and proceed south to Maple Valley.
(Generally follow the signs to Kanasket-Palmer State Park.) Make a left on Kent-Kangley Road at the Four Corners intersection in Maple Valley. Make a right on Kanasket-Retreat Road and another right on the Cumberland- Kanasket Road, then left on the Tacoma Headworks Road. The point of contact is Vincent Daniels at (206) 764- 6573 or vincent.e.daniels@usace.army.mil Monday through Friday between 6:00 a.m. and 2:30 p.m. local time (Pacific).
OFFERORS ARE URGED and expected to inspect the site where work is to be performed and to satisfy themselves as to all general and local conditions which may affect the cost of performance of the contract or ability to perform, to the extent, such information is reasonably obtainable. In no event will a failure to inspect the site constitute grounds for a claim after award of the contract.
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 1 Jar CE-1: Wheel Loader
Similar to CAT 988 with mill-yard arrangement or block-arrangement and bucket Minimum 525 hp / Minimum 110,000 lbs Or Tele-handler Similar to Extreme XR 7038 with bucket or appropriate manufacturer approved attachments Necessary to load, handle, and transport stones up to 27 tons in size.
The Tele-handler must have a Minimum 300 hp, Minimum 115,000 lbs.
Regular Hourly Rate x Est. Quantity = Amount $__________ x 120 Hours $_________
Overtime Hourly Rate x Est. Quantity = Amount $__________ x 60 Hours $_________
Mobilization/Assembly/Disassembly/Demobilization 1 Job $_________
Davis Bacon Wage Determination No.: WA20200070 Revision 2 dated 03/13/2020 is applicable to this procurement as incorporated herein.
FOB: Destination
FFP
NET AMT
0002 1 Job CE-2: Cat 390F L or Similar
Track Mounted Hydraulic Excavator w/ Hydraulic Thumb, Minimum 480 hp / Minimum weight 185,000 lbs / Minimum 42 ft reach at ground level
Regular Hourly Rate x Est. Quantity = Amount $__________ x 40 Hours $_________
Overtime Hourly Rate x Est. Quantity = Amount $__________ x 20 Hours $_________
Mobilization/Assembly/Disassembly/Demobilization 1 Job $_________
Davis Bacon Wage Determination No.: WA20200070 Revision 2 dated 03/13/2020 is applicable to this procurement as incorporated herein.
0003 1 Job OPTION CE-1: Wheel Loader
Similar to CAT 988 with mill-yard arrangement or block-arrangement and bucket Minimum 525 hp / Minimum 110,000 lbs Or Tele-handler Similar to Extreme XR 7038 with bucket or appropriate manufacturer approved attachments Necessary to load, handle, and transport stones up to 27 tons in size.
The Tele-handler must have a Minimum 300 hp, Minimum 115,000 lbs.
Regular Hourly Rate x Est. Quantity = Amount $__________ x 120 Hours $_________
Overtime Hourly Rate x Est. Quantity = Amount $__________ x 60 Hours $_________
Davis Bacon Wage Determination No.: WA20200070 Revision 2 dated 03/13/2020 is applicable to this procurement as incorporated herein.
0004 1 Job OPTION CE-2: Cat 390F L or Similar
Track Mounted Hydraulic Excavator w/ Hydraulic Thumb, Minimum 480 hp / Minimum weight 185,000 lbs / Minimum 42 ft reach at ground level
Regular Hourly Rate x Est. Quantity = Amount $__________ x 40 Hours $_________
Overtime Hourly Rate x Est. Quantity = Amount $__________ x 20 Hours $_________
Davis Bacon Wage Determination No.: WA20200070 Revision 2 dated 03/13/2020 is applicable to this procurement as incorporated herein.
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 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 N/A N/A N/A N/A
0002 N/A N/A N/A N/A
0003 N/A N/A N/A N/A
0004 N/A N/A N/A N/A
ITEM(S) 0001, 0002, 0003, 0004 - STATEMENT OF WORK
SCOPE OF WORK
Howard A Hanson Dam Stilling Basin
Equipment w/ Operator Ravensdale, WA
LOCATION:
Equipment and operator furnished under this Purchase Order shall be delivered to and used at Howard A. Hanson Dam near Ravensdale, WA. (See attached map.)
EQUIPMENT REQUIRED:
CE-1: Wheel Loader Similar to CAT 988 with mill-yard arrangement or block-arrangement and bucket Minimum 525 hp / Minimum 110,000 lbs
Or Tele-handler Similar to Extreme XR 7038 with bucket or appropriate manufacturer approved attachments Necessary to load, handle, and transport stones up to 27 tons in size.
The Tele-handler must have a Minimum 300 hp, Minimum 115,000 lbs.
Mobilization/Assembly/Disassembly/Demobilization Base: 120 Hours of Regular Time and 60 Hours of Overtime Option: 40 Hours of Regular Time and 20 Hours of Overtime
CE-2: Cat 390F L or Similar, Track Mounted Hydraulic Excavator w/ Hydraulic Thumb, Minimum 480 hp / Minimum weight 185,000 lbs / Minimum 42 ft reach at ground level
Mobilization/Assembly/Disassembly/Demobilization Base – 120 Hours of Regular Time and 60 Hours of Overtime Option – 40 Hours of Regular Time and 20 Hours of Overtime
***NOTE: In addition, all equipment listed shall be able to move, lift, transport, and place stones up to 27 tons across various grades and uneven terrain.
PLAN ENHANCED SITE VISIT:
A plan enhanced site visit will be held on Wednesday March 8, 2020 at 9:00am. It is highly recommended that potential contractors attend to view stone sizes, grade equipment will need to traverse, access requirements, and staging areas for assembly of the equipment. All questions shall be submitted in writing and will be answered via amendment to the solicitation. Parties interested in the site visit shall contact the contracting specialist a minimum of 24 hours prior to the site visit to register attendance. Parties will be at the security gate for Tacoma Headworks Facility.
WORK TO BE DONE:
The equipment will be used to repair the Howard Hanson’s Dam Stilling Basin. The equipment will be used to reinforce the side slopes of the Stilling Basin at the Howard Hanson Dam. This work will include but is not limited to stockpiling, re-handling, transporting, and placing large stone ranging from 5 to 27 tons.
PERIOD OF PERFORMANCE:
The period of performance for this contract will be from award to September 1, 2020 days. Equipment shall be assembled and ready for operation on August 3, 2020 at 7:00am and may last up to 4 weeks. Site will be available up to 14 days prior to August 3, 2020 for delivery and assembly of the equipment.
SUBMITALL SCHEDULE:
Not later than 30 days after award, contractor shall submit written verification of make, model, and necessary attachments for all listed equipment. This shall also include the vendor/subcontractor information of where the equipment is coming from and who is providing it.
Not later than 90 days prior to the start date contractor shall provide the government access for physical verification of the submitted equipment and attachments, contractor shall submit verification on delivery and assembly schedule of the equipment and attachments.
BONDING:
Contractor will be required to provide performance and payment bond for 100% of the award amount.
SAFETY REQUIREMENTS:
Operation of equipment shall be conducted in accordance with the requirements of EM 385-1-1, “Safety and Health Requirements Manual”. All personnel are required to have PPE in accordance with EM 385 1-1. EM 385 1-1 can be found at http://www.usace.army.mil/CESO/Pages/EM385-1-1.aspx
DAVIS-BACON WAGE RATE:
Davis-Bacon Wage Rates are to be paid unless equipment is owner operated. Owner operators are reminded when a twenty-four hour operation is in effect, and if another individual is operating this equipment, the owner operator is REQUIRED to pay that individual Davis-Bacon Wage Rates for the type of equipment operated. Some employees might not be covered under this Davis-Bacon award. Material delivery truck drivers not employed directly on the site of work are currently not covered by the Davis-Bacon Wage Rate.
MOBILIZATION AND DEMOBILIZATION:
Payment will be made at the purchase order lump sum price for (items including) Mobilization, Assembly, Disassembly, and Demobilization. Payment shall constitute full compensation for assembling equipment at site preparatory to starting work, and for removing it there from at completion of the work under direction of the Contracting Officer.
ROAD USAGE FEES:
A road use fee of $25.00 per trip will be charged to the Contractor for use of Road 5500, 5530, 5800, 5900, 3703 and 5717 for all trucks in excess of 14,000 pounds. The number of inbound trips will be tracked at the Headwork's Control Gate. Payment shall be made directly to the City of Tacoma. No separate payment will be made for this fee by the Government. The Contractor must contact Mr. Bryan King, City of Tacoma Watershed Manager at (253) 502-8808 for specific payment information.
CLEAN EQUIPMENT:
All heavy equipment identified in Section 2 of this document must pass inspections from both the City of Tacoma and USACE before being allowed onsite. Equipment shall be arrive onsite clean and have no leaks, drips, or other operating issues. All heavy equipment must go through the steam and chlorine bath cleaning process that is required by Tacoma Water Headworks Inspector. The vendor is responsible for the cost associated with the cleaning of equipment.
CONTRACTOR’S VEHICLES:
Contractor's vehicles shall carry proof of insurance at all times and shall be equipped with CB radios (to be tuned to Channels 10 or 2 depending on the road traveled). Contractor's lowboys with equipment extending on the sides of the trailer shall be preceded by pilot cars while traveling along the access road to the dam site.
INSPECTION AND SUPERVISION:
All work shall be conducted in cooperation with Emergency Management Branch, Seattle District, Corps of Engineers.
WORK WEEK:
For the purpose of calculating payrolls, the work week is based on seven (7) consecutive days, beginning at 0001 hours Monday and ending 2400 hours Sunday. This work-week shall remain fixed throughout the performance period of this contract.
OVERTIME:
Overtime is paid after an individual operator has worked in excess of 40 hours for the Corps of Engineers during the work week.
LUNCH:
A ½ hour lunch break is mandatory during an eight to twelve hour shift and will be deducted whether it is taken or not. All contractor and Owner Operators are strongly encouraged to take half hour break.
MAIL INVOICES TO:
Seattle District, Corps of Engineers
ATTN: CENWS-OD-EM
PO Box 3755 Seattle, WA 98124-3755
Certified Payrolls and Owner/Operator Statements should be sent to the field office, if applicable. Otherwise, mail to the above address or fax to 206-764-3319. Payment will be based on the actual hours worked as reflected by the US Army Corps of Engineers, Seattle District, rented equipment record. Invoices will show actual hours worked, partial payments authorized.
CLAUSES INCORPORATED BY REFERENCE
52.203-6 Alt I Restrictions On Subcontractor Sales To The Government
(Sep 2006) -- Alternate I
OCT 1995
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
OCT 2010
52.204-7 System for Award Management OCT 2018 52.204-10 Reporting Executive Compensation and First-Tier
Subcontract Awards
OCT 2018
52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-19 Incorporation by Reference of Representations and
Certifications.
DEC 2014
52.204-22 Alternative Line Item Proposal JAN 2017 52.204-23 Prohibition on Contracting for Hardware, Software, and
Services Developed or Provided by Kaspersky Lab and Other Covered Entities.
JUL 2018
52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.
AUG 2019
52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
AUG 2019
52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment
OCT 2015
52.209-10 Prohibition on Contracting With Inverted Domestic Corporations
NOV 2015
52.212-1 (Dev) Instructions to Offerors - Commercial Items. (DEVIATION 2018-O0018)
OCT 2018
52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.212-5 (Dev) Contract Terms and Conditions Required to Implement
Statutes or Executive Orders--Commercial Items (Deviation 2018-O0021)
OCT 2019
52.217-5 Evaluation Of Options JUL 1990 52.219-6 (Dev) Notice of Total Small Business Set-Aside (DEVIATION
2019-O0003).
JAN 2019
52.219-8 Utilization of Small Business Concerns OCT 2018 52.219-14 (Dev) Limitations on Subcontracting (DEVIATION 2019-O0003). JAN 2019 52.222-3 Convict Labor JUN 2003 52.222-4 Contract Work Hours and Safety Standards - Overtime
Compensation
MAY 2018
52.222-5 Construction Wage Rate Requirements--Secondary Site of the Work
MAY 2014
52.222-6 Construction Wage Rate Requirements AUG 2018 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 52.222-17 Nondisplacement of Qualified Workers MAY 2014 52.222-19 Child Labor -- Cooperation with Authorities and Remedies OCT 2019
52.222-20 Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000
MAY 2014
52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-22 Previous Contracts And Compliance Reports FEB 1999 52.222-25 Affirmative Action Compliance APR 1984 52.222-26 Equal Opportunity SEP 2016 52.222-32 Construction Wage Rate Requirements--Price Adjustment
(Actual Method)
AUG 2018
52.222-50 Combating Trafficking in Persons JAN 2019 52.222-54 Employment Eligibility Verification OCT 2015 52.222-55 Minimum Wages Under Executive Order 13658 DEC 2015 52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2017 52.223-18 Encouraging Contractor Policies To Ban Text Messaging
While Driving
AUG 2011
52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications.
AUG 2018
52.228-1 Bid Guarantee SEP 1996 52.228-2 Additional Bond Security OCT 1997 52.232-1 Payments APR 1984 52.232-8 Discounts For Prompt Payment FEB 2002 52.232-11 Extras APR 1984 52.232-33 Payment by Electronic Funds Transfer--System for Award
Management
OCT 2018
52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business
Subcontractors
DEC 2013
52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.242-17 Government Delay Of Work APR 1984 52.243-1 Alt I Changes--Fixed Price (Aug 1987) - Alternate I APR 1984 52.246-4 Inspection Of Services--Fixed Price AUG 1996 52.247-34 F.O.B. Destination NOV 1991 252.203-7000 Requirements Relating to Compensation of Former DoD
Officials
SEP 2011
252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7003 Agency Office of the Inspector General AUG 2019 252.203-7005 Representation Relating to Compensation of Former DoD
Officials
NOV 2011
252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7008 Compliance With Safeguarding Covered Defense Information
Controls
OCT 2016
252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting
OCT 2016
252.204-7013 Limitations on the Use or Disclosure of Information by Litigation Support Offerors
MAY 2016
252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support
MAY 2016
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
252.215-7008 Only One Offer JUL 2019 252.217-7028 Over And Above Work DEC 1991 252.225-7012 Preference For Certain Domestic Commodities DEC 2017
252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving
Reports
DEC 2018
252.232-7004 DOD Progress Payment Rates OCT 2014 252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JUN 2013
CLAUSES INCORPORATED BY FULL TEXT
52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (JUL 2016)
(a) Definitions. As used in this provision--
Commercial and Government Entity (CAGE) code means—
(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity;
or
(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.
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.
(b) The Offeror represents that it [ ___ ] has or [ ___ ] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (c) and if applicable, paragraph (d) of this provision for each participant in the joint venture.
(c) If the Offeror indicates ``has'' in paragraph (b) of this provision, enter the following information:
Immediate owner CAGE code:
Immediate owner legal name: ___
(Do not use a ``doing business as'' name)
Is the immediate owner owned or controlled by another entity?:
[ ___ ] Yes or [ ___ ] No.
(d) If the Offeror indicates ``yes'' in paragraph (c) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:
Highest-level owner CAGE code:
Highest-level owner legal name:
(Do not use a ``doing business as'' name)
(End of provision)
52.204-20 Predecessor of Offeror (JUL 2016)
Commercial and Government Entity (CAGE) code means--
(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity;
or
(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.
Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.
Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.
(b) The Offeror represents that it [____] is or [____] is not a successor to a predecessor that held a Federal contract or grant within the last three years.
(c) If the Offeror has indicated “is” in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):
Predecessor CAGE code: ____ (or mark “Unknown”).
Predecessor legal name: ____.
(Do not use a “doing business as” name).
52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A
FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)
(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--
(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or
(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.
(b) The Offeror represents that--
(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and
(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (OCT 2018)
ALTERNATE I (OCT 2014)
The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u)) of this provision.
(a) Definitions. As used in this provision--
“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.
“Forced or indentured child labor” means all work or service—
(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or
(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.
“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.
“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.
“Inverted domestic corporation,” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except—
(1) PSC 5510, Lumber and Related Basic Wood Materials;
(2) Product or Service Group (PSG) 87, Agricultural Supplies;
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 9630, Additive Metal Materials.
“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—
(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended.
“Sensitive technology”—
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).
“Service-disabled veteran-owned small business concern”—
(1) Means a small business concern—
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).
“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.
“Small disadvantaged business concern, consistent with 13 CFR 124.1002,” means a small business concern under the size standard applicable to the acquisition, that--
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--
(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and
(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and
(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.
“Subsidiary” means an entity in which more than 50 percent of the entity is owned—
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
“Veteran-owned small business concern” means a small business concern—
(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans.
“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.
“Women-owned small business concern” means a small business concern --
(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and
(2) Whose management and daily business operations are controlled by one or more women.
“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127),” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.
(b)
(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.
(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs __.
[Offeror to identify the applicable paragraphs at (c) through (u) of this provision that the offeror has completed for the purposes of this solicitation only, if any.
These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]
(c) Offerors must complete the following representations when the resulting contract is to be performed in the United States or its outlying areas. Check all that apply.
(1) Small business concern. The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a small business concern.
(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a veteran-owned small business concern.
(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a service-disabled veteran-owned small business concern.
(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.]The offeror represents that it [ ___ ] is, [ ___ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.
(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.]The offeror represents that it [ ___ ] is, [ ___ ] is not a women-owned small business concern.
Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.
(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that—
(i) It [ ___ ] is, [ ___ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ___ .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.
(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that—
(i) It [ ___ ] is, [ ___ ] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ___ .] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.
(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ___ ] is, a women-owned business concern.
(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:
(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that--
(i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and
(ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: ___ .] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.
(11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) of this provision.)
[The offeror shall check the category in which its ownership falls]:
___ Black American.
___ Hispanic American.
___ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).
___ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).
___ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).
___ Individual/concern, other than one of the preceding.
(d) Representations required to implement provisions of Executive Order 11246 --
(1) Previous contracts and compliance. The offeror represents that --
(i) It [ ___ ] has, [ ___ ] has not, participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and
(ii) It [ ___ ] has, [ ___ ] has not, filed all required compliance reports.
(2) Affirmative Action Compliance. The offeror represents that --
(i) It [ ___ ] has developed and has on file, [ ___ ] has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or
(ii) It [ ___ ] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.
(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.
(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American – Supplies, is included in this solicitation.)
(1) The…
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