W912DW24R0YEG 0001 CJD and RWL SCIENTIFIC ILLUSTRATIONS.pdf

W912DW24R0YEG

Combined Synopsis/Solicitation

Chief Joseph Dam and Rufus Woods Lake Project, Archaeological Site 45DO278 Scientific Illustration Project

Solicitation W912DW24R0YEG AMENDMENT 0001; Date:5/20/2024; See PWS Para 3.2

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 W912DW24R0YEG 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 2024-04.

iv. This action is a Small Business Total Set-Aside under NAICS Code: 541720 Research and Development in the Social Sciences and Humanities and has a Small Business Size Standard: $28M.

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

CLIN SERVICES QUANTITY UNIT

0001 Prepare an Illustration Plan 1 EACH

0002 Create Illustrations of Features 1 EACH

vi. Description of services to be acquired:

Provide all services, equipment, and personnel to create 20 scientific illustrations that accurately depict the appearance and construction of individual archaeological rock features and their and their setting at site 45DO278. The images will help document the site as well as to be used by the Confederated Tribes of the Colville Reservation (CTCR) community for educational and cultural purposes.

vii. Location of Contract Performance:

The site is located within the Chief Joseph Dam and Rufus Woods Lake Project Area; in-between Bridgeport and Grand Coulee, Washington. Anticipated contract award date is 3 June 2024. Period of Performance: 12 Months from award date.

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 Contract Specialist Alfonso Nolasco.

The quoter shall submit one (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 Submission: 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 amendment(s) if applicable. If amendment(s) are not clearly acknowledged your offer may not be considered.

Provide CAGE and UEI. 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 Capability Submission: The offeror shall submit a resume consisting of a maximum of two

(2) 8 1/2 x 11 pages (font size no less than 8) that includes supporting qualifications or certifications and describe their technical proficiency and unique qualifications for meeting the requirements of the PWS. The offeror shall also submit examples of previous work consisting of a maximum of four (4) pages.

III. Past Performance No submission required: 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.

IV. PRICE

Submission: Provide Proposal Pricing using the provided pricing schedule. The quote shall be inclusive of all costs to perform the work specified in the PWS.

CLIN SERVICES QUANTITY UNIT AMOUNT

0001 Prepare an Illustration Plan as stated in

Para 3.2 of the Performance Work Statement

1 EACH

0002 Create Illustrations of Features as stated in Para 3.3 of the Performance Work Statement

1 EACH

TOTAL AMOUNT

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

Past Performance & Factor IV. Price.

Evaluation Methodology: A comparative evaluation will be performed in accordance with FAR 13.106-2(b)(3). A comparative evaluation is defined as the act of comparing two or more offers in response to the RFP. The item-by-item comparison is performed by comparing each offer directly to one another to determine which provides the best value to the Government utilizing technical, past performance criteria and price as described below.

Technical Capability and Past Performance, when combined, are more important than price.

(b) Options. N/A

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party.

Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of Addendum to 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.: 2015-5541 Rev 21 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 May 30, 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

Contracting Officer: Jeffrey Ross, jeffrey.a.ross@usace.army.mil

xvi. For questions regarding this solicitation, email 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, Archaeological Site 45DO278 Scientific Illustration Project 20 May 2024

1 Introduction:

Provide all services, equipment, and personnel to create 20 scientific illustrations that accurately depict the appearance and construction of individual archaeological rock features and their and their setting at site 45DO278.

The images will help document the site as well as to be used by the Confederated Tribes of the Colville Reservation (CTCR) community for educational and cultural purposes.

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.

2 Background:

The site is located within the Chief Joseph Dam and Rufus Woods Lake Project (CJD Project), in-between Bridgeport and Grand Coulee, Washington.

The CJD Project is 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 project area can be characterized as rough and uneven and much of the area is covered by rock outcrops and talus or scree. Vegetation is dominated by big sagebrush and blue bunch wheatgrass. There are few to no trees and little shade. Prickly pear cactus, Himalayan blackberry, poison ivy, and poison oak are potentially located within the project area.

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 Below are the tasks that will be completed. Each Contract Line Item Number (CLIN) represents a specific task and required work product or deliverable.

3.1 Kickoff Meeting:

The contractor is required to attend an initial meeting within 14 days following award of the contract. The meeting will be an opportunity for introductions, describe the site, go over the tasks and requirements. The specific time and date for this meeting will be set by the USACE Technical Lead. The meeting is anticipated to be up to 1 hour long.

The meeting can take place online via Teams.

3.2 CLIN 0001: Prepare an Illustration Plan

Prepare an Illustration Plan consisting of the following elements: proposed work schedule that includes tentative dates for site visits, deliverables, and potential design ideas and examples. The archaeological site location is restricted. Maps, photographs, and other relevant information will be provided when the contract is awarded.

Any type of aircraft, manned or unmanned or drone with remote system, is not permitted.

3.2.1 Deliverables:

Draft and final Illustration Plan. It is expected that the Illustration Plan shall be no more than five (5) pages of text, excluding figures and appendices. Submit to Government within 14 days of the Kickoff Meeting.

3.3 CLIN 0002: Create Illustrations of Features

Create the illustrations in accordance with the Requirements as stated at 3.3.2 and the deadlines; See Table 2 and Table 3. There will be 20 draft and final illustrations depicting 19 archeological features and one (1) overview of the site.

The purpose is to capture the appearance and construction of individual features, their setting. The overview illustration will depict how each individual feature is spatially related to each other and the landform the features are situated on. Descriptions of the features and their approximate sizes are listed in Table 1.

Illustrations will be realistic, in black and white, and have shading to depict the feature’s form and individual constituent rocks. The overview illustration can depict the site from a specific point of reference or as a plan view map and can include color.

3.3.1 Deliverables:

Draft illustrations can be delivered in PDF (.pdf) and JPG (.jpg) formats. Final illustrations will be delivered in PDF (.pdf), TIFF (.tiff), and PNG (.png) formats to allow reproduction and publication of the images in multiple types of media. With Government approval, other digital formats may also be accepted. Digital artwork will be submitted via USACE’s file transfer site “DOD SAFE”. Any original analog artwork completed under this contract shall be delivered to:

Attn: Jeremy Ripin, CENWS-PMP-C U.S. Army Corps of Engineers, Seattle District 4735 East Marginal Way South, BLDG 1202 Seattle, WA 98134-2388

3.3.2 Requirements:

In-person site visits are required to create sketches and gather information.

The project area is in a remote location with limited or no facilities. Contractors should expect to “self-sustain” and transport necessary food and water and not expect restroom facilities.

The project area is only accessible by boat. The Government will arrange transportation to and from the project area. It takes approximately 30 minutes to travel one-way, from the dam to the project area. Boat only operates Monday through Friday between the hours of 9:00 am and 4:30 pm. Transportation will not be available on weekends and holidays.

A USACE representative will be present during visits to the site. A CTCR monitor representative must also to be present during any visits to the site.

The project area is on Government property and is currently being used as a Wildlife Management Area and is a bird rookery. Visits to the site will need to be conducted at sometime between June 1, 2024 through March 31, 2025.

The contract period of performance begins at award of the contract and all tasks must be completed within 12 months of award of the contract.

Digging and probing into the ground or disturbing features is prohibited and the site visit will be as non-invasive as possible. Artifacts, material remains, or cultural items shall not be disturbed or collected.

3.3.3 Inadvertent Discoveries of Human Remains:

If human remains are encountered while visiting the site (CLIN 0002), the Contractor shall immediately inform the onsite USACE representative and/or CTCR monitor. If a USACE representative and/or CTCR monitor is not available, the Contractor shall follow the procedures for Inadvertent Discoveries below:

The Contractor and USACE shall ensure information regarding Inadvertent Discoveries is neither released for publication nor disseminated to the public. No one (including the Contractor, USACE 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.

If human remains, burials, funerary items, sacred objects, or objects of cultural patrimony are found during contract implementation, the Contractor shall cease work immediately and move 200 feet from the find.

They shall take necessary steps to not cause damage or disruption of the find.

If the discovery is located on USACE land and is in Douglas County, then the contractor shall contact the Douglas County Sheriff to report the find, as well as the USACE Technical Lead. 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 Technical Lead: [Desk] (206) 764-3630, [Cell] 253-281-2000 Douglas County Sheriff: (509) 884-0941

Table 1. Feature descriptions.

Feature Type 1 Feature 1 is a large, oval-shaped stacked rock enclosure measuring roughly 14 m N/S x 14 m E/W, with a total perimeter of 100 m, that is located within the northeast portion of the basaltic ring structure atop which the site is constructed.

2 Feature 2, adjacent to and east of Feature 1, is a roughly oval-shaped stacked rock enclosure measuring roughly 20 m NE/SW x 10 m NW/SE, with a total perimeter of 57.45 m, that has been constructed atop natural basalt exposures. Its north edge is the edge of the basaltic ring structure atop which it was constructed.

3 Feature 3 is a cairn comprised of a single, medium-sized subangular basalt cobble measuring 23 cm in length x 15 cm in height and hosting moderate to heavy lichen growth that has been placed on the edge of the small outcrop.

4 Feature 4 is a cairn constructed from between seven and 10 small angular basalt boulders with moderate to heavy lichenation that measures 45 cm in height x 90 cm in width.

5 Feature 5 is a cairn measuring 70 cm in height x 80 cm in width that is constructed from approximately 12 small, angular basalt boulders with light to moderate lichenation.

6 Feature 6 is a cairn measuring 40 cm in height x 70 cm in width that is constructed from approximately 25 large angular basalt cobbles hosting moderate lichen cover.

7 Feature 7 is a cairn measuring 60 cm in height x 100 cm in width that is constructed from approximately 30 medium-sized angular basalt cobbles hosting moderate lichen growth.

8 Feature 8 is a small area from which cobbles had been cleared that measures 100 cm in length x 60 cm in width.

9 Feature 9 is a cairn constructed from approximately 20 medium-sized angular basalt cobbles with moderate lichenation that measures 55 cm in height x 100 cm in width.

10 Feature 10 is a cairn measuring 59 cm in height x 95 cm in width that is constructed from approximately 20 medium-sized angular basalt cobbled with moderate lichenation.

11 Feature 11 is a cairn constructed from approximately 20 medium-sized angular basalt cobbles hosting moderate lichen growth and measuring 51 cm in height x 87 cm in width.

12 Feature 12 is a cairn constructed from approximately 25 medium-sized angular basalt cobbles hosting moderate lichen growth and measuring 74 cm in height x125 cm in width.

13 Feature 13 is a cairn constructed from approximately 20 medium-sized angular basalt cobbles hosting moderate lichen growth and measuring 43 cm in height x 96 cm in width.

14 Feature 14 is a cairn constructed from approximately 25 medium-sized angular basalt cobbles hosting moderate lichen growth and measuring 66 cm in height x 110 cm in width.

15 Feature 15 is a cairn constructed from approximately 25 medium-sized angular basalt cobbles hosting moderate lichen growth and measuring 39 cm in height x 117 cm in width.

16 Feature 16 is a cairn measuring 46 cm in height x 103 cm in width that is constructed from approximately 25 medium-sized angular basalt cobbles hosting moderate lichen growth.

17 Feature 17 is a cairn measuring 80 cm in height x 127 cm in width that is constructed from approximately 20 large subangular basalt cobbles hosting moderate to heavy lichen growth.

18 Feature 18 is a cairn measuring 82 cm in height x 100 cm in width that is constructed from approximately 20 medium-sized angular basalt cobbles hosting moderate to heavy lichen growth.

19 Feature 19 is an alignment that measures approximately 20 m in length and is one boulder in width.

Table 2: Deliverable Schedule Deliverable Description

Draft Submittal Final Submittal Due Date

Illustration Plan Electronic Electronic

Draft - 14 days after kickoff meeting.

Government comments provided 14 days after receipt of Draft.

Final – 7 days after receipt of the comments.

Create Illustrations of Features

Electronic Electronic and mail (if applicable) for 20 illustrations

Draft – 60 days after completing site visit.

Government comments provided 14 days after receipt of Draft illustrations.

Final – 30 days after receipt of comments.

End of Contract Period of Performance

Upon receipt and acceptance of final deliverables or within 12 months of contract award.

Table 3: Contract Schedule

Activity To Be Completed Within

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

Submit Draft Illustration Plan 14 days after Kickoff Meeting

Government Comments to Draft Illustration Plan 14 days after receipt of Draft Illustration Plan

Submit Final Illustration Plan 7 days after receipt of Government comments on Draft Illustration Plan

Complete Site Visits and Sketches

On dates coordinated with Government and CTCR;

after receiving approval on Final Illustration Plan.

Sometime between June 1, 2024 through March 31, 2025.

Submit Draft Illustrations 60 days after completion of site visits.

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

Submit Final Illustrations 30 days after receipt of Government comments

End of Contract Period of Performance Upon receipt and acceptance of final deliverables or within 12 months of contract award.

4 Government Furnished Material:

The Government will provide maps and photographs of the project area upon awarding the contract; boat transportation for the Contractor to and from the site for site visits; a CTCR monitor during site visits; and a DOD SAFE link for delivering submittals.

5 Government Review of Documents:

The Government will review each draft submittal to ensure that each PWS objective and task is met. Comments may result from the reviews. The comments, if any, must be addressed and resolved by the Contractor by the allotted due date. The Contractor must incorporate changes from the comments into the final submittals.

6 Data Rights:

The Government has unlimited rights to all documents/material that is produced under this contract. All documents and materials, to include 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 by the Contractor. 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. The USACE Contracting Officer Representative (COR) for this project is Sydney Kerkhove-Peltier (206) 580-7431.

8 Schedule and Period of Performance:

The Contractor to provide sufficient technical, supervisory, and administrative personnel to ensure completion of the tasks in accordance with Table 2 and adherence to the schedule in Table 3. The Contractor is to keep the USACE Technical Lead always informed concerning delays or difficulties which 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 within 12 months of award of the contract.

9 AT/OPSEC 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’s 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, Corps Watch, 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

52.232-33 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

MAR 2023

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 52.246-4 Inspection Of Services--Fixed Price AUG 1996 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 (FEB 2024)

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 (SDVOSB) concern" means a small business concern—

(1)(i) Not less than 51 percent of which is owned and controlled 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; or

(2) A small business concern eligible under the SDVOSB Program in accordance with 13 CFR part 128 (see subpart 19.14).

(3) Service-disabled veteran, as used in this definition, 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), and who is registered in the Beneficiary Identification and Records Locator Subsystem, or successor system that is maintained by the Department of Veterans Affairs' Veterans Benefits Administration, as a service-disabled veteran.

"Service-disabled veteran-owned small business (SDVOSB) concern eligible under the SDVOSB Program" means an SDVOSB concern that--

(1) Effective January 1, 2024, is designated in the System for Award Management (SAM) as certified by the Small Business Administration (SBA) in accordance with 13 CFR 128.300; or

(2) Has represented that it is an SDVOSB concern in SAM and submitted a complete application for certification to SBA on or before December 31, 2023.

"Service-disabled veteran-owned small business (SDVOSB) Program" means a program that authorizes contracting officers to limit competition, including award on a sole-source basis, to SDVOSB concerns eligible under the SDVOSB Program.

"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 and controlled 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 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…