W912ES20T0017 Sandy Lake.pdf.pdf

SEE ADDENDUM

(No Collect Calls)

W912ES20T0017 13-Feb-2020

b. TELEPHONE NUMBER

651-290-5407

8. OFFER DUE DATE/LOCAL TIME

10:00 AM 02 Mar 2020

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA X 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.

W912ES9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

TERRY G ZENKER

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

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

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

W81G6700154457

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

CONTRACTING DIVISION

USACE - ST. PAUL

180 5TH STREET E SUITE 700

ST. PAUL MN 55101-1678

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 W912ES 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

SANDY LAKE

USACE - SANDY LAKE DAM

22205 531ST LANE

MCGREGOR MN 55760

TEL: FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$8,000,000

NAICS:

561730

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

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

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF56

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

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

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

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

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

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

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W912ES20T0017

Section SF 1449 - CONTINUATION SHEET

NOTES TO QUOTER

E-MAIL ALL QUESTIONS to Terry Zenker, Contract Specialist, at terry.g.zenker@USACE.Army.mil

This is a 100% Small Business Set-Aside solicitation.

ALL PRICING must be in whole penny amounts.

A completed SF 1449 must be sent or an acknowledgement of all terms, conditions, and amendments of the solicitation on company letterhead.

It is preferred that the quote is e-mailed to:

Terry Zenker, Contract Specialist, terry.g.zenker@USACE.Army.mil

The offeror may also submit the quote by mail / courier to the following:

USACE – ST PAUL

CONTRACTING DIVISION

ATTN: Terry Zenker

180 5TH STREET EAST, SUITE 700

ST. PAUL, MN 55101-1678

OFFEROR SHALL BE REGISTERED IN SAM (System for Award Management) https://www.sam.gov to include the FAR and DFARS Reps and Certs sections with the NAICS code applicable to the solicitation. For assistance with SAM, contact information is below:

SAM by GSA Hours of Operation: Monday – Friday 8am to 8pm ET, U.S. Calls 866-606-8220, Service desk website: http://www.fsd.gov/

Minnesota PTAC (Procurement Technical Assistance Center), www.mnptac.org 612-332-6332, mnptac@mnptac.org

E-MAIL ALL QUESTIONS to Terry Zenker, Contract Specialist, at Terry.g.zenker@USACE.Army.mil

Contractors are encouraged, but not required, to inspect the site before quoting. To schedule a site visit, contact :

Terry Zenker – Contract Specialist 651-290-5407

SCOPE OF WORK

MOWING MAINTENANCE SERVICES SANDY LAKE DAM & RECREATION AREA, McGregor, Minnesota

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

TABLE OF CONTENTS

PARAGRAPH

C.1 GENERAL

C.1.1 Scope of Work C.1.2 Services and Supplies C.1.3 Daily Work Logs C.1.4 Payment C.1.5 Description and Location C.1.6 Contract Period C.1.7 Suspension of Work C.1.8 Damage to Government Buildings, Equipment, and Vegetation C.1.9 Safety C.1.10 Orientation C.1.11 Security C.1.12 Lost and Found C.1.13 Keys

C.2 PERSONNEL

C.2.1 Superintendent C.2.3 Uniforms C.2.4 Conduct

C.3 MOWING AND TRIMMING SPECIFICATIONS.

C.3.1 General C.3.2 Policing of Grounds Prior to Cutting C.3.3 Mowing Time Limitations C.3.4 Grass Clippings C.3.4.1 Grass Clippings, General C.3.4.2 Grass Clippings, Sidewalks & Paved Surfaces C.3.5 Use of Herbicides and Growth Retarders C.3.6 Trimming C.3.7 Service Area One (1‐Green) Specifications C.3.8 Service Area Two (2‐Yellow) Specifications

C.4 CONTACT INFORMATION

C.4.1 Site Contact Information

C.5 MOWING, TRIMMING AND WEED CUTTING SERVICE AREA SITE MAP

DESCRIPTION/SPECS/ WORK STATEMENT (Continued)

MOWING SERVICES – SANDY LAKE DAM & RECREATION AREA

C‐1. GENERAL.

C‐1.1. Scope of Work. The work to be performed under this contract consists of furnishing all plants, materials, equipment, supplies, labor and transportation and performing all work as required by the SCHEDULE, Section B of the contract, in strict accordance with the specifications and drawings, all of which are made part hereof. All work materials and services not expressly called for in the specifications or shown on the drawings but which are necessary for completion of the contract requirements shall be performed and furnished by the Contractor at no increase in cost to the Government.

C‐1.2. Services and Supplies. The Contractor shall furnish mowing and trimming services for the Sandy Lake Recreation Area. The areas requiring mowing and trimming (service areas) are color coded on the attached site map and each area has its own written specifications that are shown later in this section. The service areas are defined as: Service Area One (Green), Service Area Two (Red), Service Area Three (Yellow). The bid price will be per each mowing and/or trimming for each area, defined as described in Section B.

C‐1.3. Daily Work Logs. The Contractor shall complete work logs detailing contract mowing and trimming services performed in the park. Completed work logs shall be furnished to the Park Ranger after an area has been mowed according to specifications, and shall indicate the location of work performed (Service Area 1, 2 or 3), and the date that the work was completed.

C‐1.4. Payment. Payment will be issued monthly during the contract period for each mowing/trimming performed during that month. The contractor shall submit a monthly invoice that itemizes each mowing with the corresponding date performed, unit cost, and the total of each item. Charges on the monthly invoice shall match daily work logs.

C‐1.5. Description and Location. Sandy Lake Recreation Area is a U.S. Army Corps of Engineers managed park that has heavily utilized facilities during the summer months including a dam, 60 site campground, boat ramps, picnic areas, playgrounds, etc. It is located 12.5 miles north of McGregor, Minnesota on State Highway 65.

C‐1.6. Contract Period. The contract term is for one base year plus four (4) option years.

C‐1.7. Suspension of Work. The Contractor may be instructed to suspend a portion of, or all work due to wet conditions, extended periods of dry weather, construction activities or safety hazards. During any period of work suspension the contractor will not be paid.

C‐1.8. Damage to Government Buildings, Equipment, and Vegetation. The Contractor shall be responsible for notifying the Park Ranger of any apparent damage to Government buildings, equipment, vegetation and natural features that are related to the work under this contract.

Notification shall be in writing and furnished to the Park Manager within 24 hours of each discovery of damage.

C‐1.9. Personal Property. The Sandy Lake Recreation Area experiences high volumes of visitors during the summer months. The contractor shall take care when working around visitors personal property including, camping units, boats, trailers, vehicles, etc. while still meeting the full requirements of this contract.

C‐1.10. Safety. All work shall be performed in accordance with the Corps of Engineers Safety and Health Manual, EM‐385‐1‐1. A copy of this manual will be furnished to the Contractor.

C‐1.11. Orientation. Prior to the start of work, the Government will provide an orientation to the Contractor and their personnel which will include discussion of contract requirements, facility inventory, safety considerations, administration, and a tour of the entire park.

C‐1.12. Security. The Contractor shall cooperate with Government personnel in safeguarding Government property. The Contractor shall be responsible for reporting all acts of vandalism, larceny, or pilferage to the lead ranger.

C.1.13. Lost and Found. Any items of value found on Government property shall be turned in to the Park Ranger on staff.

C.1.14. Keys. The Contractor will be issued a set of keys to areas where access is necessary to perform the work. The Contractor is not authorized to make duplicate keys and shall be responsible for lock replacement if keys are lost. Lost keys shall be reported to the Park Ranger immediately.

C‐2. PERSONNEL.

C‐2.1. Superintendent. The Contractor shall act as, or designate and provide a superintendent on site whenever the work specified herein is being performed. The superintendent shall deal directly with the Park Ranger for normal day to day administration of the contract provisions.

C‐2.2. Uniforms. All contract personnel operating mowing equipment shall wear steel toed shoes and a uniform. Uniforms shall be of the same color and style and the company name or logo must be visibly present. Uniforms shall be clean, neat, and presentable to the maximum extent possible. Contractor vehicles shall be clearly logoed when on government property.

C‐2.3. Conduct. The Contractor shall be responsible for maintaining satisfactory standards of employee competence, conduct, appearance, and integrity.

C‐3. MOWING AND TRIMMING SPECIFICATIONS.

C‐3.1. General. The service areas requiring mowing and trimming have been maintained in previous years. The contractor will be able to easily determine areas that are maintained versus areas that are left un‐mowed. Boundaries will be discussed during the orientation session as described earlier in this section. All work shall be conducted in a prudent manner to protect the grass, turf, trees, shrubs, and fixtures in the areas, and to insure the safety of all persons and property around the mowing operation. All soft and damp areas that could be rutted by heavy equipment shall be mowed with light weight push mowers or string trimmers.

C‐3.2. Policing of Grounds Prior to Cutting. All areas shall be policed prior to mowing. Any debris or litter struck by a mower and scattered shall be picked up upon completion of an area.

C‐3.3. Mowing Speed & Time Limitations. Mowing operations shall be performed at reasonable speeds, less than 10 mph (park speed limit), between the hours of 8:30 a.m. and 5:00 p.m. only. Mowing shall not be performed in camping or day use areas on Saturdays, Sundays or Federal Holidays. Deviation from this schedule is prohibited without prior approval from the Park Ranger. Mowing shall be scheduled to insure each service area is at its best possible condition within the scope of work requirements for public use on holidays including the respective holiday weekends (Memorial Day, July 4, and Labor Day).

C‐3.4. Grass Clippings.

C‐3.4.1 General. Grass clippings may be uniformly distributed over the mowed area and left for mulch but shall not be windrowed or deposited in piles or clumps. Grass collected by bagging or raking may be disposed of on‐site in a location provided by the Park Ranger.

C‐3.4.2 Sidewalks & Paved Surfaces. Grass clippings and trimmings shall be immediately removed from sidewalks to prevent foot tracking into park facilities and within the same day from paved surfaces.

C‐3.5. Use of Herbicides and Growth Retarders. Prohibited.

C‐3.6. Trimming. All objects within the service areas must be trimmed the same day as mowed and shall be accomplished to match the height and appearance of the surrounding mowed grass. These objects include but are not limited to trees, shrubs, flower beds, fences, picnic tables, grills, playground equipment, buildings, structures, posts, walls, culverts, valves, etc.

Trimming operations shall be considered a part of grass cutting and accomplished concurrently with grass cutting operations. Grass cutting shall not be considered complete until all trimming operations are accomplished. Trimming operations shall not damage trees, shrubs, or Government property including wooden fences and buildings. Grass areas, trees, shrubs, fences, buildings, etc. which are killed or damaged as a result of the Contractor's work shall be repaired or replaced by the Contractor at no cost to the Government.

C‐3.7. Service Area One (1‐Green) Specifications. Grass shall be cut to a minimum height of two (2) inches, and a maximum height of three (3) inches. Mowing shall commence when in excess of five (5) inches unless directed otherwise by the Park Ranger. APPROXIMATE ACRES Green Zone: 8 acres

C‐3.8. Service Area Two (2‐Red) Specifications. The weeds growing in the rock riprap along the south entrance road and below the dam shall be cut to a minimum height of the surrounding rock riprap. Due to the steep slope and uneven ground the contractor shall not be allowed to operate a wheeled machine in these areas. In the past a weed whip has been used to cut the weeds. APPROXIMATE ACRES Red Zone: .6 acre

C‐3.9. Service Area Three (3‐Yellow) Specifications. Grass shall be cut to a minimum height of two (2) inches, and a maximum height of three (3) inches. Mowing shall commence when in excess of five (5) inches, unless directed otherwise by the Park Ranger. APPROXIMATE ACRES Yellow Zone: 10 acres

C‐4. CONTACT INFORMATION AND SITE VISITS.

C‐4.1. Contact Information/Invoice Submission.

The contact at Sandy Lake Recreation Area is Tamryn Frauenshuh, Park Ranger at 218-426-3482 or Tamryn.frauenshuh@usace.army.mil.

Send invoices to:

US Army Corps of Engineers PO Box 625 34385 US Highway 2 West Grand Rapids, MN 55744

Bio‐based The United States Department of Agriculture (USDA) designates certain biobased products for federal procurement and specifies minimum biobased content levels for those products. Any designated product that is being offered or supplied under this contract shall meet USDA BioPreferred’s minimum biobased content level. Visit the BioPreferred web site for the complete list of designated products and the associated minimum biobased content level requirements.

C-5. MOWING, TRIMMING WEED CUTTING SERVICE AREA SITE MAP.

APPROXIMATE ACRES

1. Green Zone: 8 acres

2. Yellow Zone: 10 acres

3. Red Zone: .6 acre

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 20 Each BASE Year Area 1 (Green zone)

FFP

Grass shall be mowed and trimmed as specified in SOW. On site Period of performance: 1 May to 31 October. Approximate acres: 8.

FOB: Destination

MILSTRIP: W81G6700154457

PURCHASE REQUEST NUMBER: W81G6700154457

NET AMT

0002 4 Each BASE Year Area 2 (Red zone)

FFP

Grass shall be mowed and trimmed as specified in SOW. On site Period of performance: 1 May to 31 October. Approximate acres: 0.6 FOB: Destination

0003 20 Each BASE Year Area 3 (Yellow zone)

FFP

Grass shall be mowed and trimmed as specified in SOW. On site Period of performance: 1 May to 31 October. Approximate acres: 10.

1001 20 Each OPTION BASE Year Area 1 (Green zone)

FFP

Grass shall be mowed and trimmed as specified in SOW. On site Period of performance: 1 May to 31 October. Approximate acres: 8.

1002 4 Each OPTION BASE Year Area 2 (Red zone)

FFP

Grass shall be mowed and trimmed as specified in SOW. On site Period of performance: 1 May to 31 October. Approximate acres: 0.6

1003 20 Each OPTION BASE Year Area 3 (Yellow zone)

FFP

Grass shall be mowed and trimmed as specified in SOW. On site Period of performance: 1 May to 31 October. Approximate acres: 10.

2001 20 Each OPTION BASE Year Area 1 (Green zone)

FFP

Grass shall be mowed and trimmed as specified in SOW. On site Period of

2002 4 Each OPTION BASE Year Area 2 (Red zone)

FFP

Grass shall be mowed and trimmed as specified in SOW. On site Period of

2003 20 Each OPTION BASE Year Area 3 (Yellow zone)

FFP

Grass shall be mowed and trimmed as specified in SOW. On site Period of

3001 20 Each OPTION BASE Year Area 1 (Green zone)

FFP

Grass shall be mowed and trimmed as specified in SOW. On site Period of

3002 4 Each OPTION BASE Year Area 2 (Red zone)

FFP

Grass shall be mowed and trimmed as specified in SOW. On site Period of

3003 20 Each OPTION BASE Year Area 3 (Yellow zone)

FFP

Grass shall be mowed and trimmed as specified in SOW. On site Period of

4001 20 Each OPTION BASE Year Area 1 (Green zone)

FFP

Grass shall be mowed and trimmed as specified in SOW. On site Period of

4002 4 Each OPTION BASE Year Area 2 (Red zone)

FFP

Grass shall be mowed and trimmed as specified in SOW. On site Period of

4003 20 Each OPTION BASE Year Area 3 (Yellow zone)

FFP

Grass shall be mowed and trimmed as specified in SOW. On site Period of

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination N/A Destination Government 0002 Destination N/A Destination Government 0003 Destination N/A Destination Government 1001 Destination N/A Destination Government 1002 Destination N/A Destination Government 1003 Destination N/A Destination Government 2001 Destination N/A Destination Government 2002 Destination N/A Destination Government

2003 Destination N/A Destination Government 3001 Destination N/A Destination Government 3002 Destination N/A Destination Government 3003 Destination N/A Destination Government 4001 Destination N/A Destination Government 4002 Destination N/A Destination Government 4003 Destination N/A Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-MAY-2020 TO

30-APR-2021

N/A SANDY LAKE

USACE - SANDY LAKE DAM

22205 531ST LANE

MCGREGOR MN 55760

W912ES

0002 POP 01-MAY-2020 TO

30-APR-2021

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 01-MAY-2020 TO

30-APR-2021

N/A (SAME AS PREVIOUS LOCATION)

1001 POP 01-MAY-2021 TO

30-APR-2022

N/A (SAME AS PREVIOUS LOCATION)

1002 POP 01-MAY-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

1003 POP 01-MAY-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 01-MAY-2022 TO

30-APR-2023

N/A (SAME AS PREVIOUS LOCATION)

2002 POP 01-MAY-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

2003 POP 01-MAY-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

3001 POP 01-MAY-2023 TO

30-APR-2024

N/A (SAME AS PREVIOUS LOCATION)

3002 POP 01-MAY-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

3003 POP 01-MAY-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

4001 POP 01-MAY-2024 TO

30-APR-2025

N/A (SAME AS PREVIOUS LOCATION)

4002 POP 01-MAY-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

4003 POP 01-MAY-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 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 JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-21 Basic Safeguarding of Covered Contractor Information

Systems

JUN 2016

52.204-22 Alternative Line Item Proposal JAN 2017 52.212-1 Instructions to Offerors--Commercial Items OCT 2018 52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.219-6 (Dev) Notice of Total Small Business Set-Aside (DEVIATION

2019-O0003).

JAN 2019

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

SEP 2013

52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

AUG 2018

52.228-5 Insurance - Work On A Government Installation JAN 1997 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

252.203-7000 Requirements Relating to Compensation of Former DoD Officials

SEP 2011

252.203-7005 Representation Relating to Compensation of Former DoD Officials

NOV 2011

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

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.247-7023 Transportation of Supplies by Sea FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

(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:

1. Price

2. Past Performance

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(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 provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (DEC 2019)

ALTERNATE I (OCT 2014)

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

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

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

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

“Forced or indentured child labor” means all work or service—

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

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

“Sensitive technology”—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

“Small disadvantaged business concern, consistent with 13 CFR 124.1002,” means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

“Subsidiary” means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Veteran-owned small business concern” means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

“Women-owned small business concern” means a small business concern --

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127),” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

(b)

(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs __.

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract is to be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a small business concern.

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.]The offeror represents that it [ ___ ] is, [ ___ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.]The offeror represents that it [ ___ ] is, [ ___ ] is not a women-owned small business concern.

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that—

(i) It [ ___ ] is, [ ___ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ___ .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that—

(i) It [ ___ ] is, [ ___ ] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ___ .] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ___ ] is, a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:

(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that--

(i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and

(ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: ___ .] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) of this provision.)

[The offeror shall check the category in which its ownership falls]:

___ Black American.

___ Hispanic American.

___ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).

___ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).

___ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).

___ Individual/concern, other than one of the preceding.

(d) Representations required to implement provisions of Executive Order 11246 --

(1) Previous contracts and compliance. The offeror represents that --

(i) It [ ___ ] has, [ ___ ] has not, participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and

(ii) It [ ___ ] has, [ ___ ] has not, filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that --

(i) It [ ___ ] has developed and has on file, [ ___ ] has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or

(ii) It [ ___ ] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American – Supplies, is included in this solicitation.)

(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American—Supplies.”

(2) Foreign End Products:

LINE ITEM NO. COUNTRY OF ORIGIN

[List as necessary]

(3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.

(g)

(1) Buy American -- Free Trade Agreements -- Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American -- Free Trade Agreements -- Israeli Trade Act, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms “Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,” “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “Israeli end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American--Free Trade Agreements--Israeli Trade Act.”

(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”:

Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:

LINE ITEM NO. COUNTRY OF ORIGIN

[List as necessary]

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) or this provision) as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements— Israeli Trade Act.” The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.”

Other Foreign End Products:

LINE ITEM NO. COUNTRY OF ORIGIN

[List as necessary]

(iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.

(2) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”:

Canadian End Products:

Line Item No.:

[List as necessary]

(3) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled “Buy American--Free Trade Agreements--Israeli Trade Act'':

Canadian or Israeli End Products:

Line Item No.: Country of Origin:

[List as necessary]

(4) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”:

Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:

Line Item No.: Country of Origin:

[List as necessary]

(5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product as defined in the clause of this solicitation entitled “Trade Agreements.”

(ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products.

Other End Products

Line Item No.: Country of Origin:

[List as necessary]

(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.

(h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals--

(1) [ ___ ] Are, [ ___ ] are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(2) [ ___ ] Have, [ ___ ] have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; and

(3) [ ___ ] Are, [ ___ ] are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and

(4) [ ___ ] Have, [ ___ ] have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.

(i) Taxes are considered delinquent if both of the following criteria apply:

(A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(ii) Examples.

(A) The taxpayer has received a statutory notice of deficiency, under I.R.C.