W912ES21Q0090 RFQ for QA Services.pdf

SEE ADDENDUM

(No Collect Calls)

W912ES21Q0090 23-Aug-2021

b. TELEPHONE NUMBER

651-290-5614

8. OFFER DUE DATE/LOCAL TIME

11:00 AM 09 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 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

JOHN P RIEDERER

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

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 FIFTH STREET EAST

SUITE 700

SAINT 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 B6L1D00 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

DESIGN BRANCH

ERIN KRUG

180 5TH STREET E SUITE 700

ST PAUL MN 55101-1638

TEL: 651-290-5576 FAX:

FAX:

TEL: 651-290-5414 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$16,500,000

NAICS:

541380

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 OF45

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.

W912ES21Q0090

Section SF 1449 - CONTINUATION SHEET

STATEMENT OF WORK

Scope of Work Miter Gate Anchorage Quality Assurance Inspection Services

INTRODUCTION. The U.S. Army Corps of Engineers (USACE), Saint Paul District (MVP) has a current contract with Kaiyuh Services for the fabrication and delivery of (18) eighteen miter gate anchorage assemblies (six anchorages per site) and associated parts to be installed during Fall 2021 to Spring 2022 at lock and dams (LD) 5A, 8, and 10. This Performance Work Statement (PWS) details the contract requirements for performing the quality assurance (QA) inspections during the fabrication, painting, and supply of the hydraulic steel structures (HSS). The contract for the (18) eighteen miter gate anchorage assemblies was awarded on 2 June 2021 under contract number W912ES21C0008.

Each HSS consists of welded and bolted steel construction and must meet the requirements of American

Welding Society (AWS) D1.5. Additionally, each HSS contains Fracture Critical Members (FCM).

Lock No. 5A has six total anchorage frames under fabrication (2 upstream miter anchorages, 2 upstream recess anchorages, and 2 downstream miter anchorages) for delivery in Fall 2021 to Spring 2022.

Lock No. 8 has six total anchorage frames under fabrication (2 upstream miter anchorages, 2 upstream recess anchorages, and 2 downstream miter anchorages) for delivery in Fall 2021 to Spring 2022. Lock No. 10 has six total anchorage frames under fabrication (2 upstream miter anchorages, 2 upstream recess anchorages, and 2 downstream miter anchorages) for delivery in Fall 2021 to Spring 2022.

The purpose of this QA contract is to provide QA services to ensure that each HSS (anchorage frame) is fabricated according to the contract specifications. QA services shall include document and drawing reviews, physical inspections, and testing to meet the requirements of the contract specifications including document preparation and correspondence as required. QA services shall be in compliance with the reference documents list below and this PWS. Plans and specifications for W912ES21C0008 are attached and provided as reference documents.

QUALIFICATIONS: Services will require knowledge of fabrication shop practices including, storage, handling, cutting, bending, machining, fit-up, surface prep, welding, bolting, erection, and coatings to include application. The QA contractor personnel shall meet the qualifications for the positions identified below. All certifications shall remain current for the life of the contract. Any post-award changes requested to the key personnel filling the positions listed below in the Contractor’s quote must be submitted in writing to the Contracting Officer (KO) and approved in writing prior to any execution of work by the replacement personnel.

WELDING INSPECTION QUALIFICATIONS: The individual in charge of the QA inspections shall be an AWS Certified Welding Inspector in conformance with AWS QC1 and shall have a minimum of five years of experience relating to welded HSS inspection. Non-destructive testing (NDT) personnel shall be qualified to ANSI/ASNT CP-189 NDT Level II or Level III, or to ASNT Recommended Practice No. SNT-TC-1A, Level II or Level III. In addition, the individual shall have a minimum of two (2) years of experience conducting NDT testing with the aforementioned certification. Acceptable alternative testing standards for NDT ASNT CP-189 are the Canadian Institute of NDE (CINDE) Level II or III, ISO 9712 Level II or III, NAS 410 Level II or III, or ASNT ACCP Level II or III. Bidder shall provide Past Performance References for similar type of services. Please reference Clause 52.212-2 “Evaluation – Commercial Items”

COATING INSPECTOR QUALIFICATIONS: The Coating Inspector shall be NACE Level I or higher or SSPC Protective Coatings Inspector Level 1 or higher and shall have received formal training in coating inspections and testing of various coating systems and methods of application. The individual shall have a minimum of two years of experience in inspection and testing of coating systems with the aforementioned certification.

BOLTED CONNECTION AND ASSEMBLY INSPECTION QUALIFICATIONS: The individual or individuals in charge of the QA inspections shall be experienced in the assembly of bolted fabrications and bolted connections. In addition, the individual in charge of bolting inspections shall have a minimum of two (2) years of experience inspecting bolted connections and assemblies. Bidder shall provide Past Performance References for similar type of services. Please reference Clause 52.212-2 “Evaluation – Commercial Items”

The same or one person may conduct all of the work required under this contract if they meet all of the above required qualifications.

REFERENCE DOCUMENTS: The following documents shall be used as reference for performing the QA inspections for the subject contract:

1. Contract Documents (W912ES21C0008).

2. American Welding Society (AWS) Bridge Welding Code D1.5-2015, including FCM designation.

3. AASHTO/NSBA Steel Bridge Collaboration S4.1-2002.

4. Steel Bridge Fabrication QC/QA Guide Specification.

5. Research Council on Structural Connections (RCSC) Specification for Structural Joints Using

ASTM A325 and A490 Bolts 2014. ASTM International (ASTM) F3125 - Standard Specification for High Strength Structural Bolts, Steel and Alloy Steel, Heat Treated, 120 ksi (830 MPa) and 150 ksi (1040 MPa) Minimum Tensile Strength.

6. AASHTO Standard Specifications of Highway Bridges, 17th Ed.

7. Society for Protective Coatings (SSPC) QP 1 – Standard Procedure for Evaluating Painting Contractors.

8. American Institute of Steel Construction (AISC), Steel Construction Manual, 15th Ed.

WELDING, BOLTING, PAINTING, AND ASSEMBLY WORK ITEMS: The QA Contractor shall review the contract plans and specifications for each HSS assembly (miter gate leaf) to become familiar with welding requirements, welds, FCM, bolting requirements, and assembly procedures. After familiarization, the QA Contractor shall perform the following.

1. Develop QA Inspection Plan (reference contract drawings)

a. Identify all welds on each HSS and perform QA testing of all welds.

b. Prepare a QA inspection plan including site visit preparation, fabricator document review, identification of welds to inspect and inspection methods, identification of FCM, bolting requirements, assembly requirements and follow-up procedure in cases where contract specifications have not been met.

c. Submit QA inspection plan to the USACE for approval before proceeding with work items 2, 3, and 4.

2. Fabricator Submittal Review

a. Review and provide recommendations for following submittals: the Fracture Control Plan, welding procedures, qualification of welders and welding operators, and inspector qualifications associated with the selected welds identified in work item 1 and notify the USACE of any items found to be not in compliance with the applicable contract specifications.

3. Fabricator RFI Review

a. Review Requests for Information (RFI) from the Contractor as requested by the

Government relating to welding and bolting issues including materials, quality, and quality control (QC). For the purpose of estimating, assume 1 RFI per anchorage frame.

For the purpose of estimating, assume two hours per RFI.

4. On-Site Field Inspections

a. The field inspections shall include review of equipment, record keeping, welding, bolting, QC procedures including NDT, weld repair procedures, and QA testing. QA testing shall include visual inspection and NDT of all welds identified in completing work item 1.

b. Identify welds and bolts inspected that do not comply with contract specifications.

c. Prepare a written report for each site visit that includes a summary of QA work completed and a listing of all visual and NDT inspections completed. If QA work indicates that welding and fabrication or painting contract specifications are not being met, photos of noncompliant areas and recommended actions to correct the deficiencies shall be included in the report. The adequacy of the fabricator’s QC program shall be included.

d. Three types of QA field inspections are required for this contract. All inspection reports shall be submitted electronically in Adobe Portable Document Format (PDF).

i. Initial Inspection. The initial field inspection shall commence after substantial completion of subassemblies and comprise a reasonable sampling of each FCM and non

FCM.

ii. Intermediate Inspections. Intermediate field inspections of welds, bolts, and paint coating shall commence after final fabrication has commenced. The QA Contractor shall schedule the intermediate inspections such that a reasonable verification of final assembly process can be ascertained, but before a substantial portion of the final assembly has been completed.

iii. Coating Inspections – The paint inspection(s) shall be conducted after the frame has been reassembled and final coat of paint has been applied. Perform on-site coating inspections of structural fabrication assemblies to include:

• Verify that coatings have been submitted under the correct specification sections and the samples have been delivered to the job site for use. The manufacturer’s name, commercial name, batch, and lot number shall be compared to sample testing data and the submitted coating data.

• Inspect and verify the coating materials are properly stored and approved.

• Evaluate surface preparation procedures and standards for adherence to contract specified standards.

• Monitor the application procedures to verify the Fabricator is meeting contract requirements and standards. Emphasis shall be placed on the time between coats and coverage to irregular surfaces.

• Special attention shall be given to high strength, bolt connected, contacting surfaces.

AISC and RCSC guidance, for structural bolts and connections, shall be followed.

• Measurements for the Dry Film Thickness (DFT) shall be taken to determine compliance of the fabricator’s coating system. One gage shall be used to measure the prime coat and the final film thicknesses. The method used for DFT measurements shall be ASTM D7091. Calibration for the instrument shall be as required in the contract specifications.

For the purpose of estimating,

1. Site Visit: For Site Visit assume eight (8) hours of shop inspection and four (4) hours for corresponding trip report. Travel costs associated with each trip are to be covered as noted under paragraph “Travel for Onsite Field Expenses.”

2. For numbers and types of inspections see attached Quality Assurance Inspection Point Checklist.

e. A final report shall be prepared after the final inspection of each HSS. The final report shall recommend acceptance or rejection of each assembly. Each final inspection report shall incorporate all site inspection reports with a summary of deficiencies and corrective actions taken for each inspection item. An electronic PDF copy of each final inspection report shall be submitted to the Contracting Officer's Representative (COR) within ten calendar days after the final inspection.

WELDING AND ASSEMBLY ON-SITE FIELD INSPECTIONS: The on-site field inspections specified above shall be conducted for each HSS. It is possible that the fabrication progress will be sufficiently coincident between each HSS so that field inspection trips could be combined. For scheduling the field inspections, the QA Contractor shall communicate with the HSS Contractor and determine the most favorable dates, subject to paragraph WORK ITEMS 4 d) above. The proposed field inspection dates shall be approved by the USACE. The QA Contractor shall notify the COR two weeks in advance of all proposed field inspection dates.

QA INSPECTION LOCATION: The miter gate anchorages will be fabricated and painted by the HSS Contractor, Steward Machine Co., Inc. The facility address is:

Steward Machine Co., Inc.

3911 13th Ave N Birmingham, Alabama 35234

(205) 841-6461

TRAVEL FOR ON-SITE FIELD INSPECTIONS: All expenses associated with travel for the on-site field inspections shall be included in the “Trips’ bid items No. 5 & 6. These expenses include but are not limited to:

labor, transportation, parking, and lodging. Travel costs shall be in accordance with the Joint Federal Travel Regulations.

The estimated number of travel trips shown on the bid schedule does not represent a guaranteed minimum number of payments. The actual number of travel trips required will depend on the contractor’s work plan and the fabricator’s schedule.

PRE-CONSTRUCTION MEETING: The Contractor will attend a half-day virtual meeting with the COR, Construction Contractor, Contract Specialist, Project Manager, and Technical Lead at the being of construction contract prior to fabrication and installation.

MEASUREMENT AND PAYMENT: Payment items for the work of this contract are listed in the SCHEDULE OF PRICES. The price and payment made for each item listed shall constitute full compensation for furnishing all labor, materials, and equipment, and performing any associated Contractor quality control, environmental protection, meeting safety requirements, tests and reports, and for performing all work required for which separate payment is not otherwise provided.

Progress payments will be made on a milestone basis, but not more frequently than monthly. For all field inspection work items, the Contractor shall develop a SCHEDULE OF VALUES based on the QUALITY ASSURANCE INSPECTION POINT CHECKLIST provided. The schedule of values shall indicate the amount of each pay item the contractor will request upon completion of the listed inspections. The amounts shall be proportionate to the anticipated effort of each inspection, and shall not be unbalanced. The SCHEDULE OF VALUES shall be submitted with proposal. All requests for payment shall include the schedule of values indicating which field inspection work items are being invoiced.

QUALITY ASSURANCE INSPECTION POINT CHECKLIST

SUMMARY OF MILESTONES FOR DELIVERY PAYMENTS (Fill in dates as events occur and submit with other invoice documentation):

Structure Initial

Inspection Intermediate Inspection

Paint Inspection

Contract Lock 5A US

Miter Anchorages

Left Leaf

Right Leaf

Contract Lock 5A DS

Miter Anchorages

Left Leaf

Right Leaf

Contract Lock 5A US

Recess Anchorages

Left Leaf

Right Leaf

Contract Lock 8 US

Miter Anchorages

Left Leaf

Right Leaf

Contract Lock 8 DS

Miter Anchorages

Left Leaf

Right Leaf

Contract Lock 8 US

Recess Anchorages

Left Leaf

Right Leaf

Contract Lock 10 US

Miter Anchorages

Left Leaf

Right Leaf

Contract Lock 10 DS

Miter Anchorages

Left Leaf

Right Leaf

Contract Lock 10 US

Recess Anchorages

Left Leaf

Right Leaf

QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)

1. PURPOSE OF THE QASP. This QASP is a Government developed and applied document used to make sure that systematic quality assurance methods are used in the administration of the standards included in this contract. The intent is to ensure that the contractor performs in accordance with performance metrics set forth in the contract documents, that the Government receives the quality of services called for in the contract, and that the Government only pays for the acceptable level of services received.

2. CRITICAL PERFORMANCE PROCESSES AND REQUIREMENTS. Critical to the performance of the contract, the contractor shall provide all personnel equipment, tools, materials, supervision, transportation, other items and services necessary to perform as defined in the PWS. The contractor shall provide accurate transaction processing to ensure that material accountability comply with safety and security requirements, in accordance with this PWS. Additionally, the contractor shall be accountable for all auditable documents, establish/maintain effective quality, and perform the required services within the prescribed timeframes. The performance process is the timely, accurate, and thorough completion of all contract requirements.

3. SURVEILLANCE METHODS. The primary method of surveillance used to monitor performance of this contract will be monthly monitoring by the COR.

a. PERIODIC MONITORING. Periodic monitoring will be conducted if and when deemed necessary by the COR to ensure compliance with the terms of the contract. Using the Performance Measurement matrix below, the COR will determine whether the contractor is in compliance with the terms of the contract.

4. PERFORMANCE MEASUREMENT. Performance will be measured in accordance with the following table:

Performance Measurement Matrix

Performance Element Performance Requirement Surveillance Method

Frequency Acceptable Quality Level

Contract Services Contract Services furnished as prescribed in the PWS as applicable.

Monthly inspection by the

COR.

Periodic Monitoring.

100% of services performed as prescribed in the

PWS

Invoicing Proper monthly invoices per contract procedures

Review & acceptance of the invoice by COR

Monthly 100% accuracy

5. INCENTIVES/DISINCENTIVES. For each item that does not meet acceptable levels, the Government may issue a Contract Discrepancy Report (CDR). CDRs will be forwarded to the KO with a copy sent to the contractor. The contractor must reply in writing within five calendar days of receipt identifying how future occurrences of the problem will be prevented. Based upon the contractor’s performance and plan to resolve the problem(s) and determine if any further action will be taken.

NOTES TO OFFEROR

INSTRUCTION TO QUOTERS

Please provide all of the following with your quote and send your quote via email (preferred) to John.P.Riederer@USACE.ARMY.MIL or via mail to (no facsimile quotes will be accepted):

U.S. Army Corps of Engineers Attn: Contracting Division (John Riederer) 180 5th Street East, STE 700 St. Paul, MN 55101

1. Acknowledgement of all amendments (if applicable).

2. Signed/dated Standard Form (SF) 1449 with pricing for all line items and a total price. Incomplete pricing schedules may be rejected.

3. Completed provision 52.212-3, Alt. I, “Offeror Representations and Certifications-Commercial Items”. If you are registered in SAM and the information is current you are not required to fill out the provision but you must indicate that your SAM record is current.

4. CAGE code, DUNS number and Tax Identification Number (TIN).

5. Contact information for the individual submitting the quote.

6. Schedule of Values as noted in the SOW.

7. Qualifications of Key Personnel:

a ) Provide a 1 page resume showing that your proposed weld inspector meets the following requirements as detailed in the SOW: AWS Certified Welding Inspector in conformance with AWS QC1 and shall have a minimum of five years of experience relating to welded HSS inspection. Non-destructive testing (NDT) personnel shall be qualified to ASNT Recommended Practice No. SNT-TC-1A, Level II or Level III in the testing method utilized.

b) Provide a 1 page resume showing that your proposed coating inspector meets the following requirements as detailed in the PWS: The Coating Inspector shall be NACE Level I or higher or SSPC Protective Coatings Inspector Level 1 or higher and shall have received formal training in coating inspections and testing of various coating systems and methods of application. The individual shall have a minimum of two years of experience in inspection and testing of coating systems with the aforementioned certification.

c) Provide a 1 page resume showing that your proposed bolted connection and assembly inspector meets the following requirements as detailed in the PWS: The individual or individuals in charge of the QA inspections shall be experienced in the assembly of bolted fabrications and bolted connections. In addition, the individual in charge of bolting inspections shall have a minimum of two (2) years of experience inspecting bolted connections and assemblies.

Failure to provide any of the above information on or before the solicitation closing due date and time as amended (if applicable) may result in your quote not being eligible for contract award.

FAR SUBPART 13.5

This acquisition is being conducted using the procedures of FAR Subpart 13.5-Simplified Procedures for Certain Commercial Items.

TRAVEL

All pricing must include shipping (FOB destination) and not have a separate line for shipping or travel. All estimated travel costs shall be included in the price for each CLIN that requires travel. No separate payment will be provided by the Government for travel costs, including but not limited to flights, fuel, per diem, rental car or incidentals.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Develop QA Inspection Plan

FFP

FOB: Destination

PSC CD: H954

NET AMT

0002 1 Job Fabricator Submittal Review

FFP

0003 18 Each Fabricator RFI Review

FFP

0004 1 Job Field Inspections

FFP

Trips to Birmingham, Alabama

FFP

0005AA 25 Each Labor Rate for Inspector

0005AB 25 Each Travel

0005AC 25 Each Per Diem

FFP

NTE JFTR

0006 18 Each Final Report (1 per anchorage)

FFP

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A N/A N/A Government 0002 N/A N/A N/A Government 0003 N/A N/A N/A Government 0004 N/A N/A N/A Government 0005 N/A N/A N/A N/A 0005AA N/A N/A N/A Government 0005AB N/A N/A N/A Government 0005AC N/A N/A N/A Government 0006 N/A N/A N/A Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-SEP-2021 TO

01-APR-2022

N/A DESIGN BRANCH

ERIN KRUG

180 5TH STREET E SUITE 700

ST PAUL MN 55101-1638

651-290-5576

B6L1D00

0002 POP 01-SEP-2021 TO

01-APR-2022

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 01-SEP-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 01-SEP-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

0005 N/A N/A N/A N/A

0005AA N/A N/A N/A N/A

0005AB N/A N/A N/A N/A

0005AC N/A N/A N/A N/A

0006 POP 01-SEP-2021 TO

01-APR-2022

N/A DESIGN BRANCH

ERIN KRUG

180 5TH STREET E SUITE 700

ST PAUL MN 55101-1638

651-290-5576

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-23 Prohibition on Contracting for Hardware, Software, and

Services Developed or Provided by Kaspersky Lab and Other Covered Entities.

JUL 2018

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.

OCT 2020

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

AUG 2020

52.211-18 Variation in Estimated Quantity APR 1984 52.212-1 Instructions to Offerors--Commercial Items JUL 2021 52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.219-6 (Dev) Notice of Total Small Business Set-Aside (DEVIATION

2020-O0008).

OCT 2020

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

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

MAY 2016

252.225-7001 Buy American And Balance Of Payments Program-- Basic DEC 2017 252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991

252.244-7000 Subcontracts for Commercial Items JAN 2021 252.247-7023 Transportation of Supplies by Sea FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

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.

(End of provision)

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:

Key Personnel Qualifications, Relevant Experience, Price, Past Performance

Technical and past performance, when combined, are more important than price.

(b) 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.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (FEB 2021)

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.

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

"Sensitive technology"—

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

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

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

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

"Service-disabled veteran-owned small business concern"—

(1) Means a small business concern—

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

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

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

"Small business concern"—

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in 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.

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

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

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

"Veteran-owned small business concern" means a small business concern—

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

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

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

"Women-owned small business concern" means a small business concern --

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

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

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

(b)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

___ Black American.

___ Hispanic American.

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

___ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, 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) (i) The Offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product.

(ii) The Offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products.

(iii) The terms "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) (A) The Offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (iii) of this provision, is a domestic end product.

(B) The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product," "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…