W912DW21Q8004.pdf

SEE ADDENDUM

(No Collect Calls)

W912DW21Q8004 13-Nov-2020

b. TELEPHONE NUMBER

206-764-6573

8. OFFER DUE DATE/LOCAL TIME

12:00 PM 19 Nov 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:

$8,000,000

NAICS:

561730

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 OF59

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.

W912DW21Q8004

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 17 November 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 provisions, including:

a) 52.212-3: OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL

ITEMS (OCT 2018) ALTERNATE I (OCT 2014)

b) 52.219-28: POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JULY 2013)

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.

IAW FAR 12.205(b), offerors may propose more than one product (as determined by the Contracting Officer) that will meet a Government need in response to solicitation(s) for commercial items. The quote shall be determined acceptable based on the date and time received. The contracting officer shall evaluate each product as a separate offer. The contractor should list any special features or warranty information applicable to the quoted product(s).

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.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Salmon Creek Planting Plan

FFP

Provide and install the required plants and trees in the designated locations in accordance with the statement of work.

DESCRIPTION QTY UNIT U. PRICE AMOUNT

Ponderosa Pine Trees 75 EACH $________ $________ (1 gallon pots)

NOTE: All plants must be delivered and installed in a thriving, flourishing condition with no disease or sickness. Plants not deemed healthy will be rejected.

Service Contract Act (SCA) Wage Determination No. 2015-5557 Revision 13 dated 06/11/2020 is applicable to this procurement as incorporated herein.

FOB: Destination

PSC CD: S208

NET AMT

0002 1 Job Okanogan Right Bank Planting Plan

FFP

Provide and install the required plants and trees in the designated locations in accordance with the statement of work.

DESCRIPTION QTY UNIT U. PRICE AMOUNT

Potted Coyote Willows 120 EACH $________ $________ (1 gallon pots)

NOTE: All plants must be delivered and installed in a thriving, flourishing condition with no disease or sickness. Plants not deemed healthy will be rejected.

Service Contract Act (SCA) Wage Determination No. 2015-5557 Revision 13 dated 06/11/2020 is applicable to this procurement as incorporated herein.

0003 1 Job Elmway Planting Plan

FFP

Provide and install the required plants and trees in the designated locations in accordance with the statement of work. Provide a minimum of 3 of the 5 listed plant species. (Wax Currant, Blue Elderberry, Black Hawthorn, Wood’s Rose, and Snowberry.)

DESCRIPTION QTY UNIT U. PRICE AMOUNT

Wax Currant (1 gallon pots) 100 EACH $________ $________ Blue Elderberry (1 gallon pots) 100 EACH $________ $________ Black Hawthorn (1 gallon pots) 100 EACH $________ $________ Wood’s Rose (1 gallon pots) 100 EACH $________ $________ Snowberry (1 gallon pots) 100 EACH $________ $________

NOTE: All plants must be delivered and installed in a thriving, flourishing condition with no disease or sickness. Plants not deemed healthy will be rejected.

Service Contract Act (SCA) Wage Determination No. 2015-5557 Revision 13 dated 06/11/2020 is applicable to this procurement as incorporated herein.

0004 1 Job Installation / Mulch / Topsoil

FFP

Provide and install the required materials in the designated locations in accordance with the statement of work.

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

Okanogan Planting

Okanogan County, WA

LOCATION: The projects are all located in Okanogan County, WA. (Salmon Creek / Okanogan Right Bank (RB) / Elmway Riparian plantings). See attached drawings and maps.

WORK TO BE DONE: (See attached drawings and specifications.)

Provide all equipment, personnel, and materials necessary to accomplish the work outlined within this scope of work and attached drawings.

Required Pot Size: Minimum 1gallon pots

Provide and install the required plants and trees in the designated locations as follows:

a) Salmon Creek:

75 Ponderosa Pine trees per attached drawing.

Amendments for the successful rooting and overall health of the plant establishment for the job.

Import mulch to meet the specifications at the Salmon Creek site. (See Specification below and attached drawing.)

b) Okanogan RB:

120 Potted Coyote Willows along the 5-foot bench.

Import topsoil to cover a 6’ x 180’ rock bench 1 foot deep. (See specification and detail below.)

Import mulch to cover topsoil in the same location 6” deep. (See specification and detail below.)

c) Elmway:

Provide a minimum of 100 each of (3) of the (5) listed plant species. Wax Currant, Blue Elderberry, Black Hawthorn, Wood’s Rose, and Snowberry.

Import topsoil to cover a 6’ x 400’ rock slope 1 foot deep. (See specification below.)

Import mulch to cover topsoil in the same location 6” deep. (See Specification below.)

Typical planting plan for the Elmway site. Except plants will be evenly spaced through length of the site.

Mulch Specification and Gradation:

Wood strand mulch shall be a blend of angular, loose, long, thin wood pieces that are frayed, with a high length to-width ratio, and it shall be derived from native conifer or deciduous trees. A minimum of 95 percent of the wood strand shall have lengths between 2 and 10 inches. At least 50 percent of the length of each strand shall have a width and thickness between 1/16 and ½ inch. No single strand shall have a width or thickness greater than ½ inch. The mulch shall not contain salt, preservatives, glue, resin, tannin, or other compounds in quantities that would be detrimental to plant life. Sawdust or wood chips or shavings will not be acceptable. The Contractor shall provide a test report performed in accordance with WSDOT T 125 demonstrating compliance to this specification prior to acceptance. This product shall not be harmful to plants, animals, and aquatic life.

Engineered Topsoil Specification and Gradation:

The topsoil for the project will consist of a 75/25 mixture of engineered soil and organic compost, respectively. The engineered soil will meet the following gradations, and shall be free of roots, chemicals, garbage, and debris.

Sieve Size Percent Passing

½” 100 #4 75-100 #10 40-75 #16 25-55 #40 25-50

#200 10-20 All percentages are by weight.

PERIOD OF PERFORMANCE: It is anticipated that all work shall begin within 7 days of award.

SECURITY: Pre-screen candidates using E-Verify Program. Proposed language: "The Contractor must pre-screen Candidates using the E-verify Program (http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements. The Vendor must ensure that the Candidate has two valid forms of Government issued identification prior to enrollment to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible Candidates must be provided to the COR no later than 3 business days after the initial contract award." *When contracts are with individuals, the individuals will be required to complete a Form I-9, Employment Eligibility Verification, with the designated Government representative. This Form will be provided to the Contracting Officer and shall become part of the official contract file.

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. All dump trucks are required to have backup alarms and tailgates. EM 385 1-1 can be found at http://www.usace.army.mil/publications/eng-manuals/em385-1-1/toc.htm

INSPECTION AND SUPERVISION: All work shall be conducted with monitoring by the Emergency Management Branch, Seattle District, Corps of Engineers designated representative.

MAIL INVOICES TO:

Seattle District, Corps of Engineers

ATTN: CENWS-OD-EM

PO Box 3755 Seattle, WA 98124-3755

PLANTING SPECIFICATIONS

Okanogan Planting

GENERAL

SUMMARY

This section specifies Landscaping which comprises furnishing all materials, equipment, and labor necessary for the preparation and installment of plant materials, mulch, and the maintenance of plantings.

INSPECTION OF PLANT MATERIALS

All plant material shall meet requirements of State and Federal laws with respect to inspection for plant diseases and infestation. Inspection certificates required by law shall accompany each shipment of plant material and be submitted to the Quality Assurance Representative (QAR). All plant material will be inspected by the QAR before being planted, either at the time of delivery on-site or at the grower's nursery, and all plant material not meeting specification requirements will be rejected and separated from acceptable. Plants inspected on site and rejected for not meeting specifications must be removed from the site immediately or red-tagged and removed as soon as possible. Contractor shall at his/her own expense replace rejected trees, shrubs, and groundcovers with plant material of same species or variety that meet specification requirements. Approval of plant materials at any time shall not impair the subsequent right of inspection and rejection during progress of the work.

TIME LIMITATIONS

Contractor shall coordinate installation within 7 days of award.

REFERENCED STANDARDS

Plant Materials: All plant material shall meet the American Standard for Nursery Stock ANSI Z60.1-2004 (or most recent edition, Available: www.anla.org). Plant names shall conform to nomenclature in Flora of the Pacific Northwest by Hitchcock and Cronquist, University of Washington Press, 1973 (Available:

http://www.washington.edu/uwpress) and/or to a Field Guide to the Common Wetland Plants of Western Washington & Northwest Oregon, ED Sarah Spear Cooke, Seattle Audubon Society, 2007.

SUBMITTALS

Product Data

Plant Material: Submit within 3 days after contract date a list of all plant material indicating source of supply, order invoice, size and quantity for each species or variety.

Certificates

Inspection certificates: All plant material shall meet requirements of State and Federal laws with respect to inspection for plant diseases and infestation. Inspection certificates required by law shall accompany each shipment of plant material and submitted to the Quality Assurance Representative.

Plant Material: Classification, botanical name, common name, size, quantity by species, and location where grown.

PRODUCT DELIVERY, STORAGE, AND HANDLING

Contractor must notify QAR 48 hours or more in advance of deliveries so that QAR may arrange for inspection.

Protection and Storage of Plant Material: Protect at all times during handling, shipping storage and planting from extreme weather conditions, wind drying of roots and root ball injury. Plant material showing damage from shipping or while in storage or during planting may be rejected by the project biologist and shall be replaced by the Contractor at his/her own expense.

Scheduling and Storage: Plants shall be delivered as close to planting site as possible. Plants in storage must be protected against any condition that is detrimental to their continued health and vigor.

Packaged Materials: Deliver packaged materials in clearly marked containers showing net weight, guaranteed analysis and name of manufacturer. Specified requirements for packaged materials apply to bulk shipments. Protect materials from deterioration during delivery and during storage at site. Plant materials shall not be handled by the trunk, limbs, or foliage but only by the container, ball, box, or other protective structure. Plants shall have durable, legible labels stating correct scientific name and size. Ten percent (10%) of container plants in individual pots shall be labeled. Plants supplied in flats, racks, boxes, bags, or bundles shall have one label per group.

PROJECT CONDITIONS

Work Notification: Notify Quality Assurance Representative at least seven (3) working days prior to installation of plant material.

Existing Conditions: Carefully examine the site before submitting a bid. Be informed as to the nature and location of the Work, general and local conditions including climate, adjacent properties and utilities, conformation of the ground, the nature of subsurface condition, the character of equipment and facilities needed prior to and during execution of the work. Should the contractor, in the course of Work, find any discrepancies between drawings and physical conditions or any omissions or errors in drawings, or in layout as furnished by the Quality Assurance Representative it will be the duty of the contractor to inform the Quality Assurance Representative immediately in writing for clarification. Work done after such discovery, unless authorized by the Contracting Officer, shall be done at the contractor's risk.

EXECUTION

INSPECTION

Finish grading shall be inspected and approved by the Quality Assurance Representative prior to planting. Verify that planting bed grades are in accordance with those indicated on the Project Grading and Drainage and Layout Drawings before proceeding with Work. Examine planting areas for conditions that will adversely affect execution, permanence, and quality of work and survival of plant material.

PLANTING OF TREES AND SHRUBS

Plant trees and shrubs upright. Tree species shall be planted in locations possessing appropriate micro-site conditions for each species throughout disturbed areas along the channel. Excavate all planting holes three times the spread of the tree or shrub root ball or root system. Cut off cleanly all broken or frayed roots. Place and lightly compact on-site native backfill soil carefully to avoid injury to roots; fill all voids. When hole is nearly filled, completely fill with water and allow water to soak away. Fill holes to finish grade and prepare for other work indicated. Trees shall be spaced 10 feet on center using triangular spacing. Place bark mulch around each installed tree in a 2 foot diameter circle 6 to 8 inches deep. Pull back mulch from trunk/stems.

MAINTENANCE AND CLEANUP

At completion of work, remove all debris, equipment and surplus material.

Maintenance of Tree and Shrub Plantings:

The Contractor shall assume full responsibility for the maintenance of all landscaping until such time as the Contractor receives notice from the Quality Assurance Representative that such landscaping has reached physical completion. Water, weed, cultivate, mulch, reset plants to proper grade or upright position, remove dead wood, and do other necessary operations.

ACCEPTANCE

Inspection to determine acceptance of planted areas will be made by the Quality Assurance Representative, upon Contractor's request. Provide notification at least ten (3) working days before requested inspection date. Planted areas will be accepted provided all requirements, including the maintenance period have been complied with and plant materials are alive and in a healthy, vigorous condition.

-- End of Section --

Omak Planting Location Map

Elmway Planting Location Map

Elmway Planting Plan

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUN 2020

52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 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

52.207-1 Notice Of Standard Competition MAY 2006 52.208-9 Contractor Use of Mandatory Sources of Supply or Services MAY 2014 52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for Debarment

JUN 2020

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.212-1 (Dev) Instructions to Offerors - Commercial Items. (DEVIATION 2018-O0018)

JUN 2020

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 2020

52.219-6 Notice Of Total Small Business Set-Aside MAR 2020 52.222-3 Convict Labor JUN 2003 52.222-19 Child Labor -- Cooperation with Authorities and Remedies JAN 2020 52.222-20 Contracts for Materials, Supplies, Articles, and Equipment JUN 2020 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 52.222-41 Service Contract Labor Standards AUG 2018 52.222-50 Combating Trafficking in Persons OCT 2020 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

JUN 2020

52.225-1 Buy American--Supplies MAY 2014 52.225-2 Buy American Certificate MAY 2014 52.225-3 Alt I Buy American --Free Trade Agreements--Israeli Trade Act

(MAY 2014) Alternate I

MAY 2014

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.225-25 Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran-- Representation and Certifications.

JUN 2020

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 52.243-1 Alt I Changes--Fixed Price (Aug 1987) - Alternate I APR 1984 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 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7002 Payment For Contract Line or Subline Items Not Separately Priced

APR 2020

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7006 Billing Instructions OCT 2005 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

DEC 2019

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

MAY 2016

252.217-7028 Over And Above Work DEC 1991 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 252.244-7000 Subcontracts for Commercial Items OCT 2020

CLAUSES INCORPORATED BY FULL TEXT

52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (AUG 2020)

(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 by unique location; 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 (AUG 2020)

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 by unique location; 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).

52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS--

REPRESENTATION (NOV 2015)

(a) Definitions. Inverted domestic corporation and subsidiary have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10).

(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.

(c) Representation. The Offeror represents that--

(1) It [ ___ ] is, [ ___ ] is not an inverted domestic corporation; and

(2) It [ ___ ] is, [ ___ ] is not a subsidiary of an inverted domestic corporation.

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 (AUG 2020)

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 (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. 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(s) applicable to the NAICS code(s) 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 (v) 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,…