Solicitation (W912EQ21R0019Repost).pdf

SEE ADDENDUM

(No Collect Calls)

W912EQ21R0019 20-Aug-2021

b. TELEPHONE NUMBER 8. OFFER DUE DATE/LOCAL TIME

10:00 AM 03 Sep 2021

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W912EQ9. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

US ARMY ENGINEER DISTRICT, MEMPHIS

SUPPLY/SERVICE BRANCH

167 N MAIN STREET, ROOM 665

MEMPHIS TN 38103-1894

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

901-544-3710FAX:

TEL: 901-544-0979 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

1,250

NAICS:

336611

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF61

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Each

SANDBLAST AND PAINT BARGE 5507

FFP

Contractor shall furnish all labor, management, equipment supervision, equipment, tools, materials, and articles (excluding Government furnished property) necessary to sandblast and paint the exterior hull of Barge 5507 in accordance with the Section C Performance Work Statement.

FOB: Destination

PSC CD: J020

NET AMT

Section C - Descriptions and Specifications

PERFORMANCE WORK STATEMENT

Performance Work Statement Barge 5507 Sandblast and

Paint

GENERAL: The following paragraphs are the scope of work for the new solicitation.

1.0 SCOPE OF WORK (INFORMATION). Contract shall furnish all labor, management, equipment supervision, equipment, tools, materials and articles (excluding Government furnished property) necessary to sandblast and paint the exterior hull of Barge 5507 in accordance with these specifications and subject to the terms and conditions of the contract.

1.1 VESSEL DATA (INFORMATION). The Barge 5507 is a 30’ x 160’ x 8’ steel barge.

1.2 CONTRACTOR QUALITY CONTROL AND GOVERNMENT QUALITY ASSURANCE

(INFORMATION). The Contractor shall establish and maintain a quality control plan as specified in Section 2, Inspection and Acceptance. The Government will evaluate the Contractor’s performance in accordance with the Quality Assurance Surveillance Plan as specified in Section 2, Inspection and Acceptance.

1.3 BARGE 5507 LOCATION. Barge 5507 is presently dry docked at Ensley Engineering Yard in Memphis, Tennessee. The Contractor shall travel to this location after written notification of award from the Contracting Officer or the Contracting Officer Representative. During the contract, the Government shall supply access to the vessel, electricity, water, and toilet facilities for the crew.

1.4 DRY FILM THICKNESS. Dry film thickness shall be measured in accordance with current SSPC PA2, “Dry Paint Thickness with Magnetic Gauges.”

1.5 PAINT COATINGS. Only potable water tank coatings that are listed within NSTM chapter 631 and ANSI/NSF Standard 61 are approved for use. Taste and odor problems with water quality are often associated with improper application and curing procedures. Paint thickness, the touch-up material, ventilation, temperature, humidity, curing time, etc., are important application factors that can contribute to taste and odor complaints.

1.5.1 PAINTING. The following General Instructions for application of materials will always be adhered to:

Manufacturer’s instructions for application, curing and drying time between coats shall be followed.

Painting practices shall comply with applicable federal, state, and local laws enacted to ensure compliance with Federal Clean Air Standards.

Paints that have exceeded the closed shelf life or pot life recommended by the manufacturer shall not be used.

At the time of application, paint shall show no signs of deterioration. Paint that has deteriorated in any manner shall not be used and shall be removed from the site.

Within 8 [eight] hours after cleaning and prior to the deposition of any detectable moisture, contaminants, or corrosion, all surfaces blast cleaned to SSPC SP 7 shall be cleaned of dust and abrasive particle by brush, vacuum cleaner, and/or blown down with clean, dry, compressed air, and given the first coat of paint.

Paint may be applied by spray, roller, or brush. However, any area subject to over-sprays must be fully protected. No over-spray will be tolerated.

Painting in the vicinity of mechanical or electrical equipment shall be applied by brush if there is a possibility of over-sprays on critical components. All equipment, deck, and bulkhead fixtures must be fully protected.

Uniform suspension of pigments shall be maintained during application. Each coat of paint shall be applied so dry film shall be of uniform thickness and free from holidays, bubbles, blisters, laps, excessive or unsightly brush marks, runs, drops, ridges, waves, pinholes, or other voids, and variations in color, texture, and finish. Special attention shall be given to ensure that all edges, corners, crevices, seams, junctions of joining members, interior angles, corrosion pits, welds, bolts, rivets, and similar surface irregularities receive a film thickness equal to that of adjacent painted surfaces.

All coats of all painted surfaces shall be unscarred and completely integral at the time of application of succeeding coats.

The Contractor is responsible for submitting to the Contracting Officer’s Representative a report of the quantity of paint used for the project.

Steel surfaces to be painted shall be carefully and thoroughly cleaned as dictated by the level of surface preparation requested in the order and shall be thoroughly dry before any preservative coating is applied.

The coating system composed of the coating types and dry film thicknesses identified below, or equal, are required.

Paint with 2 coats Tar guard Epoxy of a two-component, modified high-solids epoxy phenalkamine, Black, 8 mils per coat.

Paint UW hull with one coat #45 Antifouling Two-component, glass flake-reinforced amine epoxy coating with antifouling, Black, 2 mils DFT total.

Paint topsides and decks with one coat Acrolon Ultra (Two-component, modified epoxy phenalkamine), Black, 2-3 mils DFT total.

Draft Marks/Signature 1st Coat: Two-component, modified epoxy phenalkamine, White, 8-10 mils 2nd Coat: Two-component, modified epoxy phenalkamine, White, 8-10 mils

All new steel is pre primed all other existing steel shall be blasted to SSPC-SP7 WITH HIGHLY CORRODED AREAS RECEIVING A SP6 BLAST prior to coating.

1.7 Place of Performance: The Contractor shall perform the work on the 1015 Dry Dock located at Ensley Engineering Yard. The Government will provide a firm fixed contract before the vender begins work.

1.8 Period of Performance: The period of performance for this project is 30 calendar days from the Notice to Proceed.

If additional time is needed, this must be agreed upon by the Contracting Officer’s Representative (COR) and Contractor.

1.9 Contracting Officer Representative (COR): The COR for this contract will be April J. Branch, (901) 265- 0362, April.J.Branch@usace.army.mil.

1.11 DELIVERY OF CONTRACT DATA. The following documents specified at various locations throughout the specifications are required submittals.

1. 1.5.3 “Safe for Men- Safe for Fire” Certificates. Furnish one copy of all certificates to the Contracting Officer Representative prior to the start of work.

2. “Material Safety Data Sheets. Furnish one copy of all MSDS (SDS) sheets to the Contracting Officer Representative prior to the start of work.

3. 4.6 Accident Prevention Program. Four copies of the Accident Prevention Program shall be submitted to the Contracting Officer Representative for review and approval within 5 calendar days after award.

2. SPECIAL CONTRACT REQUIREMENTS (INFORMATION)

2.1 MANDATORY ITEMS. All items not specifically identified as INFORMATION or OPTIONAL, shall be accomplished and completed within the specified performance period.

2.2 OPTIONAL ITEMS. No work shall be performed on any item identified as OPTIONAL unless authorized in writing, in whole or in part, by the Contracting Officer in advance. The Contractor shall perform the OPTIONAL work required at the unit price quoted in the schedule in the quantities authorized.

2.4 INTERFERENCE. The Contractor shall remove and reinstall any interference required to accomplish the work specified without additional contract time or cost to the Government. Interference is defined as any part of the vessel, installed or portable, that must be removed or disturbed to accomplish the work specified. All damaged or missing fasteners shall be replaced with fasteners of the same size and type as original. New gaskets, packing and seals shall be installed on all disturbed connections and shall be tested to ensure that they are leak free. Damaged lagging and insulation shall be repaired or replaced. All new work or disturbed old work shall be cleaned and painted in accordance with section

1. All interferences shall be returned to their original operational position and condition upon reinstallation. All costs associated with removing and reinstalling interferences shall be incidental to and included in the bid price of the respective item of work.

2.5 PROTECTION. The Contractor is responsible for providing adequate protection to each component throughout the process. This protection included but is not limited to foreign matter contamination from dirt, debris, water, chemicals, etc.

2.6 ACCIDENT PROTECTION. All work performed under this contract shall be in accordance with the requirements of the U. S. Army Corps of Engineers Safety Manual, EM 385-1-1 and other safety requirements specified herein.

2.7 Control of Hazardous Energy (Lockout/Tag out). Before personnel perform any servicing or maintenance on a system where the unexpected energizing, start up, or release of kinetic of stored energy could occur and cause injury or damage, the system shall be isolated in accordance with the procedures contained in EM-385-1-1, and Engineer Regulation ER 385-1-31. The Contractor shall submit his hazardous energy control plan to the Contracting Officer Representative for acceptance within 10 calendar days after award. Locks and tags will be placed on circuit breakers, or other appropriate devices, to isolate and identify hazardous energy sources. The Contractor will maintain a SAFE CLEARANCE LOG in the engine room or designated location. The logbook will have a lock/tag issue sheet and SAFE CLEARENCE REQUEST FORMS. Corps and Contractor designated authorities shall fully coordinate their control activities for the life of the contract. Each shall inform the other of their energy control procedures, ensure that their own personnel understand and comply with rules and restrictions of the procedures, and ensure that all employees affected by the hazardous energy control activity are notified. During each daily walk-through safety inspection, the log will be checked. During this inspection the Contractor shall itemize all existing lockouts, all new lockouts, and all removed tags that morning or the previous day. Prior to a change in the status or location of the vessel (such as undocking), the Corps and the Contractor shall meet to review the status of hazardous energy control measures.

2.8 Accident Investigations and Reporting. Refer to EM 385-1-1, Para. 01. D.01. Accidents shall be investigated by the immediate supervisor of the employee (s) involved and reported to the Government’s Technical Representative within one working day after accident occurred. A report of all mishaps occurring on the project shall be submitted to the Contracting Officer within four calendar days following the incident. All data reported must be complete, timely and accurate. A follow up report shall be submitted when the estimated lost time days differs from actual lost time days.

2.9 Daily Inspections. The Contractor shall institute a daily inspection program to assure safety requirements are being fulfilled. Reports of daily inspections shall be maintained at the job site. Each report will include, as a minimum, the following.

(1) Items of work underway during the inspection.

(2) Locations of areas where inspections were made.

(3) Results of inspections, including nature of deficiencies observed and corrective action taken, or to be taken, date, and signature of the person responsible for its contents, and submitted to the Contracting Officer for review.

(4) Status of Lockout/Tag out items.

3.0 Ground- Fault Protection. Refer to Para 11. C. 05 of EM 385-1-1. The ground- fault circuit interrupter shall be calibrated to trip within the trip-threshold values of 5 Ma + 1 Ma as specified in UL Standard 943. All ground-fault circuit interrupters shall be UL approved and installed in accordance with the latest edition of the National Electrical Code.

3.1 Hatches and Openings. Hatches and openings of all kinds that present a hazard will be provided with safe and suitable guard rails and toe boards.

3.2 Lighting. The Contractor shall ensure that all work areas and walkways are adequately lit, particularly during hours of darkness.

The Contracting Officer Representative will notify the Contractor immediately of any noncompliance with the foregoing paragraphs and action to be taken. The Contractor shall, after receipt of such notice, immediately take corrective action. If the Contractor fails or refuses to comply promptly, the Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action has been taken. The Contractor shall make no part of the time lost due to any such “stop work” orders the subject of claim against the Government for extension of time or for excess costs or damages.

3.3 ACCESS TO THE FACILITIES.

The Contractor shall allow key Personnel and COR’s admission to the Contractor’s facilities and the components.

The Contractor shall provide suitable ladders, gangways and scaffolds for access to the Work.

3.4 FALL PROTECTION. Hatches and opening of all kinds that present a hazard will be provided with safe and suitable guardrails and toe boards.

3.5 FIRE PROTECTION. The Contractor shall provide a dedicated person and a fire extinguisher for fire watch at each location where hot work is being performed.

3.6 MATERIAL SAFETY DATA SHEETS (SDS). The Contractor shall provide and display the MSDS sheets for all hazardous material used directly or indirectly in the performance of the Work.

3.7 WORKMANSHIP. All parts of work that join or bear upon others shall have complete and solid surface contact and fit together neatly without excessive cold work during assembly.

3.8 RECORDS OF GOVERNMENT PROPERTY. The Property Book Officer, U. S. Army Engineer District, New Orleans, LA is designated as the property administrator to maintain the necessary property records in connection with this contract.

3.9 GOVERNMENT FURNISHED PROPERTY. Government Furnished Property (GFP) is described in Section 5, List of Attachments. GFP will be delivered by the Government FOB to the Contractor’s facility.

The Contractor shall notify the Contracting Officer of any shortages, breakage or other discrepancies with regards to GFP within 48 hours of receipt thereof. All unused GFP shall be loaded on the Government furnished conveyance for return. The Contractor shall store the GFP in a secure weather tight facility until it is permanently installed on the barge.

4.0 SCRAP AND SALVAGE MATERIAL. All items designated as scrap resulting from the work shall become the property of the Contractor. Due consideration of the value of such scrap shall be reflected in the bid price of the items concerned. This shall not apply to salvageable items ordered to remain the property of the Government.

4.1 CLEANING AND PAINTING.

After all cleaning and painting work is completed, remove all protective coverings.

The Contractor shall obtain and follow all guidance from the manufacturer of the paint with regard to the proper storage, handling, use and application of the product. The Contractor shall comply with all safety precautions recommended by the manufacturer. The Contractor shall also comply with all safety regulations in 29 CFR 1910 and 29 CFR 1915. The Contractor shall submit Material Safety Data Sheets as required by the Federal Acquisition Regulation 52.223-3.

The Contractor shall furnish a certificate to the Contracting Officer stating the paint to be used conforms to the specifications in all respects.

DO NOT APPLY PAINT OVER DAMP, DIRT, OR OILY SURFACES. Surfaces to be painted shall be cleaned in accordance with the applicable paragraph in the specifications before applying paint or surface treatments.

Mix paint well before brushing or spraying and do not let the paint settle in the paint container or pressure pots during treatments.

Do not apply paint when weather conditions would affect the bond between the paint and the surface coated. No painting shall be done at night.

Furnish all paint in new unopened cans. All cans shall be marked with the correct formula number by the manufacturer verifying the contents. All paint furnished shall have been manufactured within one year of the date of application.

All paint shall be applied in accordance with the paint manufacturer’s recommendations.

Surfaces that have been cleaned and/or otherwise prepared for painting shall be primed as soon as practicable after such preparations have been completed and prior to any deterioration of the prepared surfaces.

Upon completion of painting, do not moor or berth the vessel in a place where the paint will be subject to attack by oil or paint floating on the water surface.

Any coating having toxicity shall be registered under section 4 of the Federal Insecticide and Rodenticide Act of the US Environmental Protection Agency. The registration number shall be given on each can of paint.

The coating thickness of all painting work will be measured by the Government Inspector using a Contractor furnished instrument similar or equal to the following.

(1) Positector 3000, Defelsko Corp.

(2) Positest, Defelsko Corp.

(3) Mikrotest, Elektro-Physik, Inc.

(4) Elcometer, Elcometer Instruments, LTD

(5) Minitector, Elcomter Instruments, LTD.

The instrument shall be calibrated on metal identical in composition, surface preparation and thickness to that being coated except for measurements on metal thickness of less than ¼ inch. Calibrating instructions, thickness standards and in the case of the Mikrotest gage, a calibrating tool, should be obtained from the manufacturer or supplier of the gage.

4.2 SUSTAINABILITY. Under the Comprehensive Procurement Guidelines (CPG) program, the Environmental Protection Agency (EPA) designates products that are or can be made with recoverable materials and recommends practices for buying these products. Any designated product that is being offered or supplied under this contract shall meet the minimum recommended content levels as identified under the CPG program. Visit http://www.epa.gov/epawaste/conserve/tools/cpg/products for a complete list of designated products and the associated recommended content levels. Offerors must be able to demonstrate that each offered product meets minimum content levels upon request. As required in clause 52.223-15 Energy Efficiency in Energy-Consuming Products, the Contractor shall only provide products that meet Federal Energy Management Program (FEMP) purchasing specifications for energy efficiency under this contract, as applicable. Covered product categories and the applicable energy efficiency requirements can be found at http://energy.gov/eere/femp/covered-product- categories.

4.3 LIST OF ATTACHMENTS (INFORMATION)

4.4 GOVERNMENT FURNISHED PROPERTY (GFP)

4.5 METHOD OF SURVEILLANCE:

Performance Objective Standard Performance Threshold

Acceptable Quality Level (AQL)

Method of Surveillance

PRS # 1.

Sandblast and paint vessel/barge

Sandblast and paint all items described in Section 1.0.

Full Government Acceptance.

Random Inspections

PRS # 2

Contractor shall complete performance NLT 30 calendar

Contractor shall inform the COR of possible problems that would delay performance as soon as possible

No deviations allowed. Periodic Surveillance of Work Compared to Schedule

PRS # 3

Contractor shall receive Contracting Officer’s approval for any changes in scope and price in advance of performance

Contractor shall not proceed with changes or modifications of the contract without the Contracting Officer’s approval

No deviations allowed Random Inspections

PRS #4

The Contractor’s supervisor and/or foreman will always be on site

Supervisor or foreman present Not more than 1 failure during contract period

Periodic Surveillance

4.6 SECURITY REQUIREMENTS.

All contractor and all associated sub-contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks to meet installation/facility access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any installation or facility change, the Government may require changes in contractor security matters or processes.

Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05 / AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative, as NCIC and TSDB are available), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

The Contractor must pre-screen Candidates using the E-verify Program (http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements. The Vendor must ensure that the Candidate has two valid forms of Government issued identification prior to enrollment to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible Candidates must be provided to the COR no later than 3 business days after the initial contract award.

PART 5

DEFINITIONS & ACRONYMS

5. DEFINITIONS AND ACRONYMS:

5.1. DEFINITIONS:

5.1.1. CONTRACTOR. A supplier or vendor having a contract to provide specific supplies or service to the government. The term used in this contract refers to the prime.

5.1.2. CONTRACTING OFFICER. A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the government. Note: The only individual who can legally bind the government.

5.1.3. CONTRACTING OFFICER'S REPRESENTATIVE (COR). An employee of the U.S. Government appointed by the contracting officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

5.1.4. DEFECTIVE SERVICE. A service output that does not meet the standard of performance associated with the Performance Work Statement.

5.1.5. DELIVERABLE. Anything that can be physically delivered but may include non-physical things such as meeting minutes.

5.1.6. KEY PERSONNEL. Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

5.1.7. PHYSICAL SECURITY. Actions that prevent the loss or damage of Government property.

W912EQ21R0019

5.1.8. QUALITY ASSURANCE. The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

5.1.9. QUALITY ASSURANCE Surveillance Plan (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of Contractor performance.

5.1.10. QUALITY CONTROL. All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

5.1.11. SUBCONTRACTOR. One that enters into a contract with a prime Contractor. The Government does not have privity of contract with the Subcontractor.

5.1.12. WORK DAY. The number of hours per day the Contractor provides services in accordance with the contract.

5.1.12. WORK WEEK. Is defined as Monday through Friday, unless specified otherwise.

5.2. ACRONYMS:

ACOR Alternate Contracting Officer's Representative AFARS Army Federal Acquisition Regulation Supplement AR Army Regulation CCE Contracting Center of Excellence CFR Code of Federal Regulations CONUS Continental United States (excludes Alaska and Hawaii) COR Contracting Officer Representative COTR Contracting Officer's Technical Representative COTS Commercial Off the Shelf DA Department of the Army DD250 Department of Defense Form 250 (Receiving Report) DD254 Department of Defense Contract Security Requirement List DFARS Defense Federal Acquisition Regulation Supplement DMDC Defense Manpower Data Center DOD Department of Defense FAR Federal Acquisition Regulation HIPAA Health Insurance Portability and Accountability Act of 1996 KO Contracting Officer OCI Organizational Conflict of Interest OCONUS Outside Continental United States (includes Alaska and Hawaii) ODC Other Direct Costs PIPO Phase In/Phase Out POC Point of Contact PRS Performance Requirements Summary PWS Performance Work Statement

QA Quality Assurance QAP Quality Assurance Program QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Program TE Technical Exhibit

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 14-SEP-2021 TO

14-OCT-2021

N/A N/A

FOB: Destination

Section H - Special Contract Requirements

MINIMUM REQUIRED INSURANCE

In accordance with paragraph (a) of contract clause 52.228-5 - Insurance--Work on a Government Installation, the Contractor shall procure and maintain during the entire period of his performance under this contract the following minimum insurance:

Workmen’s Compensation – Amounts required by applicable jurisdictional statutes.

Employer’s Liability Insurance -- $100,000.00

Comprehensive General Liability Insurance – (No property damage liability insurance is required.)

Bodily Injury -- $500,000 per occurrence

Comprehensive Automobile Insurance –

Bodily Injury -- $200,000 each person $500,000 each accident Property Damage $ 20,000 each accident

The Contractor shall assure that the certificate or written statement is in accordance with required wording indicated in paragraph (b) of the aforementioned Contract Clause.

Certificates of insurance should be submitted to Leah Cobb at Leah.B.Cobb@usace.army.mil

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 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 52.204-21 Basic Safeguarding of Covered Contractor Information

Systems

JUN 2016

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-10 Waste Reduction Program MAY 2011 52.223-19 Compliance with Environmental Management Systems MAY 2011 52.223-22 Public Disclosure of Greenhouse Gas Emissions and

Reduction Goals -- Representation.

DEC 2016

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

Subcontractors

DEC 2013

52.245-1 Government Property JAN 2017 52.245-9 Use And Charges APR 2012 52.252-6 Authorized Deviations In Clauses NOV 2020 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

DEC 2019

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

MAY 2016

252.204-7016 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 2021

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements NOV 2020 252.204-7020 NIST SP 800-171 DoD Assessment Requirements NOV 2020 252.204-7021 Contractor Compliance with the Cybersecurity Maturity

Model Certification Level Requirement

NOV 2020

252.211-7007 Reporting of Government-Furnished Property AUG 2012 252.225-7048 Export-Controlled Items JUN 2013 252.225-7972 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned

Aircraft Systems (DEVIATION 2020-O0015)

MAY 2020

252.225-7973 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems - Representation (DEVIATION 2020- O0015)

MAY 2020

252.225-7974 (Dev) Representation Regarding Business Operations with the Maduro Regime (DEVIATION 2020-O0005)

FEB 2020

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.232-7017 Accelerating Payments to Small Business Subcontractors--

Prohibition on Fees and Consideration

APR 2020

252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel

JUN 2013

252.247-7023 Transportation of Supplies by Sea FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020)

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 Items. 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.

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JUL 2021)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitation.

Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers:

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers.

Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified.