W912DW24R0YCV 0001 Hist Human Remains Det Dog.PDF

W912DW24R0YCV

Combined Synopsis/Solicitation

Chief Joseph Dam and Rufus Woods Lake Project, Historic Human Remains Detection Dog Survey

Solicitation W912DW24R0YCV

AMENDMENT 0001 DATED 8 FEB 2024

Combined Synopsis/Solicitation (Per FAR 12.603)

i. This is a combined synopsis/solicitation for commercial products or commercial services prepared in accordance with the format in subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

ii. Solicitation W912DW24R0YCV is issued as a request for quote (RFQ), procedurally and in accordance with FAR 12 and FAR 13.

iii. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2024-02.

iv. This action is being solicited under the NAICS Code: 812910 Pet Care (except Veterinary) and has a Small Business Size Standard: $9M.

v. Line Items, quantities, and units of measure and

vi. description of services to be acquired:

Contract Line Items

Description of Supplies/Services Qty Unit

0001 Prepare a Survey Plan (SP) as described in PWS Paragraph 3.1 1 EA

0002 Perform Historic Human Remains Detection Dog (HHRDD) Survey as described at PWS Paragraph 3.2

1 EA

0003 Provide HHRDD Survey Report documenting the results of the survey as stated in PWS Paragraph 3.3

1 EA

vii. Location of Contract Performance: Rufus Woods Lake Reservoir (Columbia River) in Okanogan County, Washington. Anticipated contract award date is 15 Feb 2024. Period of Performance: Date of Award to 29 Sept 2024.

viii. The provision at 52.212-1, Instructions to Offerors-Commercial Products and Commercial Services, applies to this acquisition and is incorporated by reference.

ADDENDUM TO 52.2 212-1(b)

All E-mail submissions must clearly identify this notice on the subject line.

Quoters bear the burden of ensuring the quote reached the designated contracting office on time and should allow reasonable time for transmission to be completed. Large e-mail files may not transmit properly so it is advised to send large attachments in several separate e-mails. All pages of the transmission and attachments must reach the office before the deadline specified. Any part of the quote that arrives after the specified deadline may not be considered. The submitter bears the risk of non-receipt of quotes and should confirm by telephone that the quote was received. The point of contact for this requirement is Dwain Graham. (360)927-5847.

The quoter shall submit 1 copy of its entire quote. The submission of an incomplete quote may render the quote unacceptable and will not be considered.

(NOTE: quotes submitted through sam.gov are unacceptable)

DOCUMENTATION, shall include the following:

I. ADMINISTRATIVE

A cover letter with signatures of a corporate officer authorized to negotiate for the company. Include name of the company, phone, fax numbers, and email address(es) and:

Acknowledged and signed copies of amendment(s) if applicable. The number of copies required will be shown on the SF 30.

Provide CAGE and UEIs. Offerors are required to be fully registered in SAM at the time a quote is submitted. Quotes from quoters who are not fully registered in SAM will not be evaluated and will not be eligible for award.

There are no exceptions.

II. TECHNICAL PROJECTS

Provide a summary of at least two projects your firm has completed within the last three years that is the same or similar to the requirement described in the PWS. No longer than 1 page in detail for each summary.

a. At least two projects must demonstrate experience in Historic Human Remains Detection. Search and rescue projects would be considered recent cadaver detection and would not be acceptable.

b. At least one project must demonstrate working closely with a Native American Tribe.

c. Provide the POC info of your customer.

III. PAST PERFORMANCE

The Government will evaluate each supplier’s past performance history in Contractor Performance Assessment Reporting System (CPARS) at CPARS.gov.

The Government may also use information from its own records, information provided by the quoters or their customers, or from any other source it deems appropriate and consider them for past performance evaluation. (No submission of Past Performance info is required.)

IV. PRICE

The quoter shall submit proposed pricing for Contract Line Item Numbers 001, 002 & 003.

Contract Line Item No.

Description of Supplies/Services Qty Unit Unit Price Amount

0001 Prepare a Survey Plan (SP) as described in PWS Paragraph 3.1

1 EA

0002 Perform Historic Human Remains Detection Dog (HHRDD) Survey as described at PWS Paragraph 3.2

1 EA

0003 Provide HHRDD Survey Report documenting the results of the survey as stated in PWS Paragraph 3.3

1 EA

TOTAL CONTRACT PRICE

(End of Addendum to 52.212-1)

ix. The provision at 52.212-2 Evaluation—Commercial Products and Commercial Services applies to this acquisition:

ADDENDUM TO 52.212-2(a) The Government intends to issue one (1) fixed price contract to the responsible supplier of services whose quotation conforming to the solicitation and has the lowest evaluated price. Award to be made in accordance with FAR 13.5.

Except communications conducted for the purpose of minor clarifications, the Government intends to evaluate quotes and issue a fixed price order without discussions.

Therefore, each initial quote should contain the quoter’s best terms from a technical and pricing standpoint. However, the Government reserves the right to conduct discussions if it is later determined by the Contracting Officer to be necessary.

EVALUATION FACTORS. The following factors shall be used to evaluate quotations:

Factor 1. Technical Evaluation Factor 2. Past Performance Factor 3. Price

TECHNICAL EVALUATION (FACTOR 1)

The Government will evaluate the offerors technical capability and experience with projects similar to the work as described in the Performance Work Statement. The project summaries provided by your firm will be evaluated to determine:

a. At least two projects must demonstrate experience in Historic Human Remains Detection. Search and rescue projects would be considered recent cadaver detection and would not be acceptable.

b. At least one project must demonstrate working closely with a Native American Tribe.

Each quoter's submitted projects will be evaluated and assigned an adjectival rating. The following rating scheme for Technical Capability will be used:

Factor 1 Evaluation:

ADJECTIVE DEFINITION

Acceptable Based on the offeror’s submitted projects demonstrating capability and experience, the Government has a reasonable expectation that the offeror will successfully perform the required effort.

Unacceptable Based on the offeror’s submitted projects demonstrating capability and experience, the Government has no reasonable expectation that the offeror will be able to successfully perform the required effort.

Note: A quoter with a rating of “Unacceptable” will not be considered for award.

PAST PERFORMANCE (FACTOR 2). Performance Confidence Assessment provides insight into a quoter's probability of successfully completing the solicitation requirements based on the quoter’s performance record on recent, relevant, and similar contract efforts.

The number and severity of problems (if any), the demonstrated effectiveness of corrective actions taken (if required) and the overall performance record are taken into consideration.

Each quoter's Past Performance will be evaluated and assigned an adjectival rating. The following rating scheme for Performance Risk will be used:

ADJECTIVE DEFINITION

Acceptable Based on the quoter’s performance record and the confidence assessment, the Government has a reasonable expectation that the quoter will successfully perform the required effort, or the quoter’s performance record is unknown. (See note below.)

Unacceptable Based on the quoter’s performance record and the confidence assessment, the Government has no reasonable expectation that the quoter will be able to successfully perform the required effort.

Neutral If a quoter does not have a past performance history relating to the solicitation, the quoter will not be evaluated favorably or unfavorably, and a neutral rating will be given for this factor. A neutral rating is considered Acceptable.

Note: A quoter with a rating of “Unacceptable” will not be considered for award.

Evaluation of past performance will be subjective based on consideration of all relevant facts and circumstances. The currency, content, general trends, and relevance of the information in contractor's performance will be considered.

The Government may also consider and use any additional information from its own files, databases, references provided by the quoter, or from any source, as it deems appropriate. The Government may survey references to verify information provided and may survey other sources known to the Government.

If adverse past performance information is obtained, the respective point of contact will be contacted to obtain additional information about the circumstances surrounding the situation. Quoters will be given an opportunity to address unfavorable reports of past performance to which the quoter has not had a previous opportunity to respond.

PRICE (FACTOR 3) is not rated. Price and/or cost analysis will be used to evaluate a quoter’s price and the extent to which it is fair and reasonable, and balanced.

Award will be made to the lowest price quoter possessing all of the following characteristics:

a. Conforms to the solicitation,

b. Is from a prospective contractor who is responsible (as defined in Federal Acquisition Regulation Part 9). (As part of a responsibility determination and pre-award risk assessment, the Contracting Officer will review the Federal Awardee Performance and Integrity Information Systems (FAPIIS), System for Award Management (SAM) and other sources,

c. Has a price that is determined to be fair and reasonable, and balanced.

(End of Addendum to FAR 52.212-2)

x. Offerors shall state they have a current and complete record in SAM which meets the requirement of the provision 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services, or a copy of the complete provision must be provided with its offer.

xi. 52.212-4, Contract Terms and Conditions-Commercial Products and Commercial Services, applies to this acquisition.

xii. The clause at 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services, applies to this acquisition.

xiii. 52.222-41, Service Contract Labor Standards applies to this requirement. Wage Determination No.:

2015-5557 Rev 23 is currently applicable. The most recent revision of this Wage Determination that is in effect on the date of contract award will be incorporated into the contract.

xiv. Defense Priorities and Allocations System (DPAS) rating is not applicable.

xv. Offers are due on Feb 28, 2024 at 12:00:00 pm (PDT) and shall be electronically sent to the following personnel:

Contract Specialist: Alfonso Nolasco, alfonso.nolasco@usace.army.mil Contract Specialist: Dwain Graham, dwain.m.graham@usace.army.mil Contracting Officer: Jeffrey Ross, jeffrey.a.ross@usace.army.mil

xvi. For questions regarding this solicitation, email both, Dwain Graham at dwain.m.graham@usace.army.mil. and Alfonso Nolasco at alfonso.nolasco@usace.army.mil . Questions submitted less than three (3) business days prior to solicitation closing may not receive a response.

Performance Work Statement (PWS) Chief Joseph Dam and Rufus Woods Lake Project, Historic Human Remains

Detection Dog Survey

1. Project Objective Provide all services, equipment, and personnel for completion of a Historic Human Remains Detection (HHRD) Dog survey at the Chief Joseph Dam and Rufus Woods Lake Project (CJD Project). The purpose of this survey is to use trained canines to identify specific areas that potentially have burials within archaeological sites. The survey is needed to gather information to help in the ongoing stewardship of these significant and sacred places. Survey results will inform future design treatments to mitigate for adverse effects on historic properties from the operation and maintenance of the CJD Project.

The guidelines and conditions identified below represent the Government’s minimum requirements and do not relieve the Contractor of responsibility of complying with all federal, state, and local laws pertaining to the performance and accomplishment of the services identified throughout this contract. The Contractor shall manage the total work effort associated with the services required herein to meet the performance objectives and standards.

The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

This work is subject to the availability of funds.

2. Project Background The survey areas are located along the north and south shores of the Rufus Woods Lake Reservoir (Columbia River) in Okanogan County and Douglas County, Washington. All the survey areas are located within U.S. Army Corps of Engineers’ (USACE) fee land, USACE easements on private or state land, or land owned or managed by the Confederated Tribes of the Colville Reservation (CTCR). Some of the survey areas are on the Colville Reservation.

The survey areas are accessed by boat, and the Government will arrange transportation from either the Willow Flats boat launch at Bridgeport, Washington at the west end of the reservoir or the Seaton’s Grove boat launch at Elmer City, Washington at the east end of the reservoir. Both boat launches have space for parking vehicles.

The reservoir is approximately 51 miles long and it takes an average 1.5 hours to travel one-way from one end of the reservoir to the other. Most of the survey areas are in center or eastern half of the reservoir.

Many of the sites are clustered together in groups of two or three but the average distance between Survey Areas is 13 miles.

The survey areas are in remote locations with limited or no facilities. Contractors should expect to “self-sustain” and transport necessary food and water and not expect restroom facilities.

The survey areas are remote and finding lodging, such as hotel or kennel services, nearby can be difficult.

The Government recommends offeror’s do their own research of the area before submitting their quote.

The survey areas are situated in the semi-arid shrub steppe environment of eastern Washington. Average high and low temperatures in the area are approximately 62 F and 39 F, respectively. The average hottest month is July (89.3 F), and the average coolest month is January (20.3 F). Average total annual precipitation is 10.25 inches, mostly falling November through May.

The terrain in the survey areas can be characterized as rough and uneven and there are often tall and steep cutbanks from the shoreline to terraces above. Soil maps show sediments vary from fine sand to lithosols, and talus. Survey areas may be within or along old or active agricultural fields and livestock grazing areas. Vegetation is dominated by big sagebrush and bluebunch wheatgrass. Generally, vegetation can be dense, but there is often enough open space in between shrubs to maneuver through. There are few trees and little shade. Prickly Pear cactus, Himalayan blackberry, Poison ivy, and Poison Oak are potentially located within the survey areas.

The shrub steppe habitats support both resident and wintering mule deer, as well as bobcats, badgers, coyotes, cottontail rabbits, yellow-bellied marmots, and several species of mice, voles, birds, and bats.

During the summer months, there is a high potential for encountering Western rattlesnakes, ticks, and other stinging insects.

3. Tasks

3.1 Task 1. Prepare a Survey Plan

Prepare a Survey Plan (SP) consisting of the following elements: project personnel and qualifications, proposed survey methods, and work schedule. It is expected that the SP shall not consist of more than 15 pages, excluding figures and appendices. Submit to Government within 14 days of award of contract.

3.2 Task 2. Complete HHRD Survey

There are 9 discrete survey areas totaling approximately 16 acres (Table 1). Maps of the specific survey areas will be provided when contract is awarded.

Ensure that adequate numbers of qualified personnel and equipment are available to execute the survey in accordance with the project deadlines (Table 1: Summary of Deliverables and Table 2: Activity Schedule). The purpose of this survey is to identify specific areas that potentially have human burials.

Completely inspect the survey areas to the maximum extent possible. The contractor is not expected to survey any areas deemed unsafe or inaccessible due to vegetation, terrain, or other hazard.

Table 1. Description of Survey Areas (*Area 1 is the eastern most site for this project and furthest from the dam).

Survey Area Number

Site Acres Approximate Distance from Area 1 (mi)*

Terrain, General Description (based on site visits, aerial images, and USGS soil surveys)

1 45DO193 7.4 - Scattered brush; sandy loam

2 45DO221 4.6 3.7 Scattered brush; sandy or silt loam

3 45DO102 1.5 4 Scattered brush; stoney sandy loam

4 45OK817 0.2 10 Scattered brush; lithosol and talus

5 45OK225 0.7 10.3 Scattered brush; loamy sand and bedrock

6 45OK240 0.5 12.3 Scattered brush; lithosol and talus

7 45DO244 0.4 16 Scattered brush; lithosol and stoney sandy loam

8 45OK1220 0.2 21 Scattered brush; lithosol and sandy loam

9 45DO278 0.3 43 Scattered brush; lithosol and talus

Total 15.7

3.2.1 Survey Requirements

It is expected that the survey will be conducted as soon as feasible and before June 30, 2024.

The survey may be conducted Monday through Friday between the hours of 9:00 am and 5:30 pm. No work may be conducted on Federal Holidays.

Coordination with the CTCR Tribal Historic Preservation Officer (THPO) is required, and the CTCR will provide a monitor(s) to be physically present during performance of the survey work.

CTCR Points of Contact are:

Jackie Cook, Repatriation Specialist and Collection Manager, (509) 634-2635, Jackie.Cook@colvilletribes.com

Guy Moura, THPO, (509) 634-2695, guy.moura@colvilletribes.com Digging and probing into the ground are prohibited and the survey will be as non-invasive as possible.

3.2.1.1 Inadvertent Discoveries of Human Remains, Cultural Items, Sacred Objects, and Objects of Cultural Patrimony

If human remains, cultural Items, sacred objects, and objects of cultural patrimony are encountered during the survey (Task 2), the Contractor shall inform the CTCR monitor immediately or if the monitor is not available, follow the procedures for Inadvertent Discoveries below:

The Contractor and the USACE shall ensure information regarding Inadvertent Discoveries is neither released for publication nor disseminated to the public. No one (including the Contractor, USACE Staff or Contractor Staff) will photograph human remains nor allow anyone else to photograph the remains.

This applies to cameras, cell phones, or any device that has photo capabilities.

Inadvertent Discoveries (43 CFR 10.4) - If human remains, burials, funerary items, sacred objects, or objects of cultural patrimony are found during project implementation, the proponent or his authorized agent shall cease work immediately within 200 feet of the find. They shall then take steps to protect the find from further damage or disruption.

If the discovery is located on the Colville Reservation, they shall contact the Tribal Historic Preservation Officer (THPO) at (509) 634-2695 [desk] or the Resource Archaeologist at (509) 634-2744 [desk] to report the find. The THPO or the Resource Archaeologist shall contact the appropriate law enforcement authority if human remains are found. No further work shall be allowed on the project until the THPO has approved a plan for managing or preserving the remains or items.

If discovery is located on USACE owned or leased land in Douglas County, then they shall contact the Douglas County Sheriff at 509-884-0941 to report the find as well as the USACE Archaeologist at (206)

764-3630 [desk] (253) 281-2000 [mobile]. The USACE will then follow protocols outlined in 43 CFR

10.4 (d).

Contact List:

CTCR THPO: (509) 634-2695

CTCR Resource Archaeologist: (509) 634-2744 USACE Archaeologist: [Desk] (206) 764-3630, [Cell] 253-281-2000 Douglas County Sheriff: (509) 884-0941

3.3 Task 3. Survey Report

Develop a HHRD Survey Report documenting the results of the survey. Submit a Draft HHRD Survey Report to the Government within 30 days following completion of the survey work. It is expected that the report shall not consist of more than 50 pages, excluding figures and appendices. At a minimum, the report must provide the following information:

Summary of findings Geographic Information Systems (GIS) data files of all dog tracks, and any recorded alerts in

WGS 1984 coordinate system, such as a Google Earth .KMZ or .KML file.

A map of the survey area(s), dog tracks, and any recorded alerts.

Description of the terrain and weather.

Alert interpretation, comments, and observations.

Photographs showing examples of conditions of each survey area, survey methods, and dog alerts

(as available).

Personnel biographies or resumes.

Table 1: Summary of Deliverables

Deliverable Description

Draft Final Due Date

Survey Plan (SP) Electronic Electronic

Draft - 14 days after post-award meeting.

Government comments provided 14 days after receipt of Draft.

Final – 14 days after receipt of the comments.

HHRD Survey Report

Electronic Electronic

Draft – 30 days after completing survey work.

Government comments provided 30 days after receipt of Draft report.

Final – 14 days after receipt of comments.

4. Government Furnished Material The Contractor is responsible for providing all materials and equipment necessary to complete all tasks within this PWS. Maps of survey areas are provided by the Government upon awarding contract.

Additionally, the Government will transport personnel to the sites when a boat is needed for access to survey areas.

5. Government Review of Documents The USACE will review each draft submittal to assure each PWS objective and tasks have been met.

Comments may result from the reviews. The comments, if any, must be addressed and resolved by the Contractor. Incorporate changes resulting from the comment resolution into the final submittals.

6. Data Rights The Government has unlimited rights to all documents/material produced under this contract except for objects affected by the Native American Grave Protection and Repatriation Act of 1990. All documents and materials, including the source codes of any software, produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the Contractor without written permission from the KO. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose.

This right does not abrogate any other Government rights.

7. Points of Contact Coordinate field work with the USACE Technical Lead, Jeremy Ripin (206-764-3630) at least 14 days in advance. The USACE Contracting Officer Representative (COR) for this project is Agnes Castronuevo

(206) 316-3096.

8. Schedule and Period of Performance Provide sufficient technical, supervisory, and administrative personnel to ensure completion of the work in accordance with Table 3. Keep the USACE COR always informed about concerning delays or difficulties that may prevent completion of any or all work according to the schedule. Review and approval dates are approximate based on the present project schedule. The contract period of performance begins at award of the contract and all tasks must be completed by September 29, 2024.

Table 2: Activity Schedule

Activity Completed

Post Award Meeting- Video Conference/ On-line meeting for introduction and to review PWS, Invoicing and overall expectations of both parties. 14 days after award of contract

Submit Draft SP 14 days after Post Award Meeting

Government Comments to Draft SP 14 days after receipt of Draft SP

Submit Final SP 14 days after receipt of Government comments on Draft SP

Begin Field Work

On date coordinated with Government and CTCR THPO, after receiving approval on Final

SP

Submit Draft HHRD Survey Report 30 days after completion of survey work

Government Comments to Draft HHRD Survey Report

30 days after receipt of Draft HHRD Survey Report

Submit Final HHRD Survey Report 14 days after receipt of Government comments

End of contract period of performance Sept 29, 2024

SP = Survey Plan

HHRD = Historic Human Remains Detection

9. Anti-Terrorism and Security Requirements The Contractor shall ensure the following security requirements are met throughout the period of performance:

9.1 General Security Requirements and Guidance

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

Contract personnel are critical to the overall security and safety of USACE’ installations, facilities and activities, and security awareness training contributes to those efforts. The Department of Defense (DoD) and Army security training requirements specified below, if applicable, are performance requirements; all applicable contract personnel shall complete initial training within 30 days of contract award or the date new contract personnel begin performance on the contract.

Within five business days from the completion of training, the Contractor shall provide written documentation (e.g., email or memorandum) to the Government representative. The documentation shall include the names of contract personnel trained and which training they completed; the Contractor shall maintain training records as part of their contract files and be prepared to provide copies of training certificates to the Government representative. Contractor personnel and vehicles are subject to search when entering federal installations. Additionally, all contract personnel shall comply with Force Protection Condition (FPCON) measures, Random Antiterrorism Measures (commonly referred to as “RAMs”), and Health Protection Condition (HPCON) measures.

The Contractor is responsible for meeting performance requirements during elevated FPCON and/or HPCON levels in accordance with applicable RA plans and procedures --this includes identifying mission essential and non-mission essential personnel. In addition to the changes otherwise authorized by the changes clause of this contract, should the FPCON or HPCON levels at any individual facility or installation change, the Government may implement security changes that affect contract personnel. The Contractor shall ensure all contract personnel are aware of their security responsibilities, including any site-specific requirements identified in local policies or procedures.

9.2 Suspicious Activity Reporting Training (e.g. iWATCH, CorpsWatch, or See Something, Say Something)

All contract personnel shall receive initial and annual refresher training from the RA representative on the local suspicious activity reporting program. This locally developed training provides contract personnel with general information on suspicious behavior, and guidance on reporting suspicious activity to the project manager, security representative or law enforcement entity.

9.3 Pre-screen Candidates Using E-Verify Program

Contractors shall comply with the requirements set forth in FAR clause 52.222-54 Employment Eligibility Verification and FAR Subpart 22.18 in using the E-Verify Program at (https://www.e-verify.gov/) (website subject to change) to meet the contract employment eligibility requirements.

Contractors are encouraged to cooperate with Federal and State agencies responsible for enforcing labor requirements to include eligibility for employment under United States immigration laws in accordance with FAR 22.102-1(i). An initial list of verified/eligible candidates shall be provided to the COR no later than three business days after the initial contract award. When contracts are with individuals, the individuals will be required to complete a Form I-9, Employment Eligibility Verification, and submit it to the Contracting Officer to become part of the official contract file.

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-17 Ownership or Control of Offeror AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-20 Predecessor of Offeror AUG 2020 52.204-23 Prohibition on Contracting for Hardware, Software, and

Services Developed or Provided by Kaspersky Lab Covered Entities

DEC 2023

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

NOV 2021

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

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

SEP 2023

52.212-2 Evaluation - Commercial Items NOV 2021 52.212-4 Contract Terms and Conditions--Commercial Products and

Commercial Services

NOV 2023

52.222-22 Previous Contracts And Compliance Reports FEB 1999 52.222-25 Affirmative Action Compliance APR 1984 52.222-36 Equal Opportunity for Workers with Disabilities JUN 2020 52.225-25 Prohibition on Contracting with Entities Engaging in Certain

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

JUN 2020

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

MAR 2023

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

SEP 2022

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7015 Notice of Authorized Disclosure of Information for Litigation

Support

JAN 2023

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

DEC 2019

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation

MAY 2021

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

JAN 2023

252.225-7048 Export-Controlled Items JUN 2013 252.232-7010 Levies on Contract Payments DEC 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

JAN 2023

252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Products or Commercial

Services

NOV 2023

252.247-7023 Transportation of Supplies by Sea JAN 2023

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

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

(a) Definitions. As used in this provision-

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

(b) Prohibition.

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

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

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

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

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

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

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

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

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

(d) Representations. The Offeror represents that--

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

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

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

(e) Disclosures.

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

(End of provision)

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

2020)

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

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

(c) Representations.

(1) The Offeror represents that it [ ___ ] does, [ ___ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

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

COMMERCIAL SERVICES (NOV 2023)

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

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

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

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

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

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

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) 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.

"Predecessor" means an entity that is replaced by a successor and includes any predecessors of the predecessor.

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

"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"--

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

"Small disadvantaged business concern, consistent with 13 CFR 124.1001", 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 the threshold at 13 CFR 124.104(c)(2) 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.

"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.

"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 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…