W912ES22R0003 RFP for Cultural Resources IDIQ.pdf

PDF 2 MB Posted May 13, 2022

Attached to: Cultural Resource Investigations IDIQ - USACE St. Paul & Rock Island Districts
Solicitation number: W912ES22R0003
Issued by: Department of the Army Corps of Engineers Engineering District St Paul

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W912ES22R0003 Amendment 0001.pdf	PDF	Jun 10, 2022
Attachment 1 NAVFAC-USACE PPQ.pdf	PDF	Jun 10, 2022

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SEE ADDENDUM

(No Collect Calls)

W912ES22R0003 13-May-2022

b. TELEPHONE NUMBER

651-290-5614

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 14 Jun 2022

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 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

FAX:

TEL: 651-290-5414 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$22,000,000

NAICS:

541720

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 OF54

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

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

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

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

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

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

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

Section SF 1449 - CONTINUATION SHEET

SCHEDULE OF LABOR RATES

Please enter hourly rates for each position

POSITION Base Year

Option Year 1

Option Year 2

Option Year 3

Option Year 4

Contract Manager and/or Program Director

Administrator and/or HR/Payroll Manager

Project Manager and/or Principal Investigator

Assistant Project Manager

Archaeological Field or Laboratory Supervisor (AT-3)

Field or Laboratory/Archaeological Assistant (AT-2)

Field or Laboratory/Archaeological Technician (AT-1)

Historian

Archivist or Archives Technician

Architectural Historian

Architectural Conservation and/or Conservation Specialist

Drafting/Graphics Specialist

Photographer

GIS Specialist

Remote Sensing Specialist

Physical Anthropologist

Geomorphologist

Ethnobotanist

STATEMENT OF WORK

SCOPE OF WORK

Indefinite Delivery, Indefinite Quantity (IDIQ) Regional Contract for Performance of

Multidisciplinary Cultural Resources Services for the St. Paul and Rock Island Districts

1.0 DESCRIPTION OF SERVICES. The U.S. Army Corps of Engineers (USACE), St. Paul and Rock Island Districts have a requirement to provide multidisciplinary cultural resource related services for projects undertaken by the USACE in support of ongoing and future district efforts. These projects fulfill the obligations of the USACE regarding cultural resources, as set forth in the National Historic Preservation Act of 1966 (Public Law [PL] 89-665), as amended;

the National Environmental Policy Act of 1969 (PL91-190); the Archaeological and Historical Preservation Act of 1974 (PL93-291); the Native American Graves Protection and Repatriation Act (NAGPRA) for Federal or tribal lands; the Advisory Council on Historic Preservation’s “Regulation for the Protection of Historic Properties” (36 CFR Part 800); and applicable USACE regulations. Curation of recovered cultural materials and associated records will be in accordance with 36 CFR Part 79, Curation of Federally-owned and Administered Archaeological Collections.

The St. Paul District proposes to award a five-year Indefinite Delivery Indefinite Quantity (IDIQ) contract for NTE $10,000,000.00. Contract duration is five (5) years (base period plus four option years). Contracting capability shall be regionally specialized and deliver work products consistent with the standards to comply with Section 106 and Section 110 within the area encompassed by the upper Mississippi watershed, specifically North and South Dakota, Minnesota, Wisconsin, Iowa, Illinois, and Missouri. The Scope of Work outlines the capabilities that will be required under future delivery orders that the Contractor must meet throughout the contract period of performance.

The work includes, but is not limited to, terrestrial archeological investigations, often of multicomponent prehistoric occupation sites, preparation and execution of data recovery plans, preparation of unanticipated discovery plans, coordination efforts for on-site consultation among State Historic Preservation Office (SHPO), Native American Tribes, and other interested parties, remote sensing, geoarchaeological testing and analyses, Geographic Information System (GIS) and Global Positioning Systems (GPS) services in support of cultural resources investigations, and public outreach may all be delivery order requirements. Laboratory processing and analyses of recovered materials, collections management, conservation and curation services, report preparation and submission may typically be needed. In addition to subsurface archaeological sites, built environment properties will require inventories and documentation for evaluation and assessment of effects, along with mitigation efforts including relocation and stabilization of structures in some cases. Contractors must be familiar with current Federal regulations, guidelines, and procedures related to the types of services required, and be able to manage subcontractors while working on concurrent delivery orders under strict deadlines.

Specific performance requirements shall be set forth in individual delivery orders, with assignments and details for work products identified therein, including report specifications and public involvement expectations. All work will be performed within the context of an approved, detailed research design that pairs data collection techniques with specific research problems relevant to the designated project. All data will be analyzed, described, and integrated into scientific reports of findings. Guidelines for report submissions will be incorporated into individual delivery orders. Delivery orders will have specific scopes of work for various tasks dependent on the site and will establish schedules, performance, and deliverables. The Contractor’s work will be subject to the review and approval of the Contracting Officer.

2.0 SERVICE SUMMARY (SS). Services that may be required under this contract will be detailed in individual Performance Work Statements for Delivery Orders or Options. These services may include, but are not necessarily limited to, the services outlined below.

2.1 Character of Services. Delivery orders will typically require some combination of these tasks.

A. Background literature, archival, and courthouse record research and informant interviews, including preparation of land use histories, research of federal, state, and local regulatory agencies. Field work might not be necessary to meet this requirement unless specified.

B. Reconnaissance and sample surveys including deep testing.

C. Geomorphological and environmental reconstruction, including radiocarbon assay.

D. Intensive, comprehensive cultural resource investigations including field work, laboratory processing and analysis of artifacts, and preparation and submission of site inventory forms and reports.

E. Test excavation of archeological sites for assessment for National Register eligibility and, if significant, preparation and completion of detailed data recovery plans.

F. Assessments of project impacts on cultural resources.

G. Architectural evaluation of standing structures, and structural conservation.

H. Assessment, treatment, stabilization, restoration and preservation of historic wood, historic masonry, and mortar materials, including cleaning methods, paint removal, removal of biological growth or other destructive agents, mortar analysis, preparation of mortar joints and re-pointing, forensic evaluation of material conditions, use of protective coatings and water repellants, and the repair and treatment of concrete materials.

I. Development of Treatment Plans for historic architecture, consistent with Historic Property mitigation requirements.

J. National Register assessments of engineering structures.

K. Various types of mitigation including, but not limited to, archeological data recovery, forensic recovery, architectural mitigation measures, Historic American Building Survey/Historic American Engineering Record/Historic American Landscapes Survey (HABS/HAER/HALS) recordation, scaled drawings, popular histories, and collection of oral histories.

L. Preparation of research designs, unanticipated discovery plans, and discovery plans, including for peer review, for a broad array of data gathering and resource assessment techniques, ranging from national, to regional, to project, to site-specific.

M. Construction project monitoring, including hosting and working with tribal monitors.

N. Remote sensing techniques, including field work and analyses of data.

O. Scanning and georeferencing of data for GIS manipulation and production of overlays from maps and aerial images.

P. Ingesting data to existing web sites or digital repositories.

Q. Computerization of data for analyses, and creation or maintenance of meta data, data base files and models.

R. Museum/repository services, exhibit design, curation, and collections management of archaeological collections.

S. Archives, records, and knowledge assessment and management services, including digitization, records management, archival processing, historic research, and delivery of specialized archival research and classification.

T. Preparation and publication of reports for the professional community, the lay public, or the management sector.

U. Preparation of tutorials and teaching aids, educational materials in both digital and analog format for publication and electronic dissemination.

V. Design and preparation of descriptive and interpretive displays, video productions, and mobile applications for public outreach, training, and education.

W. Preparation of various types of documentation, including agreement documents, for submission to the State Historic Preservation Officer, the Keeper of the National Register of Historic Places, Department of Interior National NAGPRA, and the Advisory Council on Historic Preservation, as appropriate.

X. Execution of other scientific and research related activities that may be warranted through consultation with partners.

Delivery orders may require a combination of the above services. All work must be able to satisfy current scientific standards for data collection, analysis, and reporting, as well as local, state, and Federal requirements.

2.2 Subject Matter Experts. The Contractor will need to be able to provide the services of qualified professionals to include individuals with the following capabilities & responsibilities:

principal investigator, field and laboratory supervisors, archaeologists, laboratory assistants and technicians, physical anthropologists, paleoethnobotanists, geomorphologists, zooarchaeologists, architectural historians, historians, archivists, archives technicians, conservators, curators, and other varied professional personnel, crew members and staff. While it is understood that firms do not typically maintain all these specialties, contractors should be aware that locating such specialized services may become part of their requirement for any given investigation.

Projects are frequently located in formerly glaciated areas where analysis of sedimentary deposition is a necessary component of investigations, and where the nature of soils and sediments will require close coordination between project archaeologists and geomorphologist(s). Mechanical excavation will occasionally be used for removal of overburden, and for excavation of geomorphic test units needed to date paleosols. Additional use of mechanical equipment to facilitate excavation may be deemed necessary after data recovery strategies have been determined in consultation with SHPO, Tribal Historic Preservation Offices (THPOs), and interested parties. Contractors should be well versed in working with and around heavy equipment.

A variety of specialists will be needed to satisfy delivery orders including both field and laboratory requirements. Mapping and georeferencing may be required for specific delivery orders. Many sites contain evidence of stone tool production or retouching of stone implements and based on faunal remains, large mammals were processed across the region, thus making the presence of Faunal Analysts a requirement. Additionally, there is a built environment component to many projects that require architectural inventories and HABS/HAER/HALS documentation as a mitigation measure. There may also be a variety of required conservation and collections management activities.

Based on the anticipated project objectives the following positions may be required. All work will need to be performed by or under the direct supervision of subject matter experts who meet the Secretary of the Interior’s (SOI) Professional Qualification Standards (48 FR 44738-44739) in the appropriate field(s) for the activity. All work will need to meet the SOI’s Standards for Archaeology and Historic Preservation (48 FR 44716) and/or the SOI’s Standards for the Treatment of Historic Properties (36 CFR Part 68), as applicable. Available on the National Park Service website.

(a) Contract Manager and/or Program Director

(b) Administrator and/or HR/Payroll Manager

(d) Assistant Project Manager

(e) Archaeologist/Anthropologist

1. Field or Laboratory Supervisor (AT-3)

2. Field or Laboratory/Archaeological Assistant (AT-2)

3. Field or Laboratory/Archaeological Technician (AT-1)

(f) Other Professional Personnel

1. Historian

2. Archivist or Archives Technician

3. Architectural Historian

4. Architectural Conservation and/or Conservation Specialist

5. Drafting/Graphics Specialist

6. Photographer

7. GIS Specialist

8. Remote Sensing Specialist

9. Physical Anthropologist

10. Geomorphologist

11. Ethnobotanist

3.0 INSPECTION AND ACCEPTANCE OF SERVICES

3.1 Deliverables. A deliverable is a specific measurable, tangible, and verifiable activity, outcome, result, item, or product that the contractor shall provide and that will require formal Government acceptance and approval. The Government will review, assess, and provide comment, as required on all deliverables. Unless otherwise specified within an individual delivery order, final inspection and acceptance of all work performed, reports, or other deliverables shall be performed at the place of delivery.

4.0 CONTRACTOR IDIQ MANAGEMENT

4.1 Decision Making. The contractor is not authorized to make decisions on behalf of the Government. The contractor shall make recommendations to Government personnel for the Government’s decision-making purposes. Government coordination with SHPO and tribes, as well as other interested parties, may include the Contractor but not for the purpose of abnegating the Government’s role in the decision-making process.

4.2 Meeting Participation. Contractor personnel shall support related meetings as outlined in individual delivery orders. The contractor shall provide information in support of meetings and briefings in the format requested by the Government.

5.0 GENERAL INFORMATION

5.1 Place of Performance. Work covered under this contract will be located within the continental United States (CONUS) and focused regionally within the area encompassed by the upper Mississippi watershed, specifically North and South Dakota, Minnesota, Wisconsin, Iowa, Illinois, and Missouri. Contractors must have a demonstrated capability for work in the region as indicated in the figure below.

5.2 Travel. Performance under this SOW may require contractor travel. The Government will reimburse the contractor for travel expenses subject to the current Joint Travel Regulation

(JTR).

5.3 Safety. The contractor will provide a safe working environment for consultants and all persons in its employ as prescribed by EM 385-1-1 and other applicable federal, state, and local statutes and regulations. The contractor shall take reasonable means to provide protection to property and persons and exercise care to prevent unnecessary damage or loss of property and structures.

5.4 Government Property. At its discretion, the Government may decide to furnish government-owned equipment for use during a delivery order. Further, the Government may fund the purchase of equipment for use during a delivery order. These types of equipment are government property and will be turned over to the government in accordance with instructions to be provided in the event that Government furnished equipment is purchased.

5.4.1 The Government will also make available to the contractor its most current information on existing conditions when it issues the delivery order and will furnish the following items, if available, to the contractor. Maps, drawings, aerial photographs, and other historic documents— in either paper or electronic copy. These sources of information are to be considered, and treated, as Government property and may not be duplicated or released unless so directed in writing by the Contracting Officer.

5.4.2 Further, no Government information will be used or published without the express consent of the Contracting Officer. The contractor shall not release or allow access to this information outside USACE unless so directed in writing by the Contracting Officer.

5.5 Federal Holidays. The following will be observed as federal holidays: New Year's Day, Martin Luther King's Birthday, President's Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus Day, Veteran's Day, Thanksgiving Day, and Christmas Day. Note: Any of the above holidays falling on a Saturday shall be observed on the preceding Friday. Holidays falling on a Sunday shall be observed on the following Monday.

5.6 Period of Performance. The period of performance for this contract shall consist of five

(5) years from time of award, a base year plus four option years.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Job Cultural Services

FFP

FOB: Destination

PSC CD: AF11

NET AMT

1001 Job OPTION Cultural Services - Option Year 1

FFP

2001 Job OPTION Cultural Services - Option Year 2

FFP

3001 Job OPTION Cultural Services - Option Year 3

FFP

4001 Job OPTION Cultural Services - Option Year 4

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 1001 N/A N/A N/A Government 2001 N/A N/A N/A Government 3001 N/A N/A N/A Government 4001 N/A N/A N/A Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 N/A N/A N/A N/A

1001 N/A N/A N/A N/A

2001 N/A N/A N/A N/A

3001 N/A N/A N/A N/A

4001 N/A N/A N/A N/A

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 52.203-11 Certification And Disclosure Regarding Payments To

Influence Certain Federal Transactions

SEP 2007

52.203-12 Limitation On Payments To Influence Certain Federal Transactions

JUN 2020

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

JAN 2017

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 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-22 Alternative Line Item Proposal JAN 2017 52.204-23 Prohibition on Contracting for Hardware, Software, and

Services Developed or Provided by Kaspersky Lab and Other Covered Entities

DEC 2021

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

DEC 2021

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

DEC 2021

52.209-7 Information Regarding Responsibility Matters OCT 2018 52.209-9 Updates of Publicly Available Information Regarding

Responsibility Matters

OCT 2018

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

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

DEC 2021

52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services

DEC 2021

52.215-1 Instructions to Offerors--Competitive Acquisition DEC 2021 52.216-27 Single or Multiple Awards OCT 1995 52.222-22 Previous Contracts And Compliance Reports FEB 1999 52.222-25 Affirmative Action Compliance APR 1984 52.225-25 Prohibition on Contracting with Entities Engaging in Certain

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

JUN 2020

52.232-23 Assignment Of Claims MAY 2014 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.243-1 Alt I Changes--Fixed Price (Aug 1987) - Alternate I APR 1984 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7003 Agency Office of the Inspector General AUG 2019 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

DEC 2019

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

MAY 2016

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

DEC 2019

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

MAY 2021

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

JAN 2021

252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.225-7001 Buy American And Balance Of Payments Program-- Basic MAR 2022 252.225-7048 Export-Controlled Items JUN 2013 252.225-7050 Disclosure of Ownership or Control by the Government of a

Country that is a State Sponsor of Terrorism

SEP 2021

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

FEB 2020

252.226-7001 Utilization of Indian Organizations and Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns

APR 2019

252.227-7015 Technical Data--Commercial Items FEB 2014 252.227-7037 Validation of Restrictive Markings on Technical Data SEP 2016 252.232-7010 Levies on Contract Payments DEC 2006 252.232-7017 Accelerating Payments to Small Business Subcontractors--

Prohibition on Fees and Consideration

APR 2020

252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JAN 2021 252.247-7023 Transportation of Supplies by Sea FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (AUG 2020)

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

Commercial and Government Entity (CAGE) code means—

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

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.

(b) The Offeror represents that it [ ___ ] has or [ ___ ] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (c) and if applicable, paragraph (d) of this provision for each participant in the joint venture.

Immediate owner CAGE code:

Immediate owner legal name: ___

(Do not use a ``doing business as'' name)

Is the immediate owner owned or controlled by another entity?:

[ ___ ] Yes or [ ___ ] No.

(d) If the Offeror indicates ``yes'' in paragraph (c) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:

Highest-level owner CAGE code:

Highest-level owner legal name:

(Do not use a ``doing business as'' name)

(End of provision)

52.204-20 Predecessor of Offeror (AUG 2020)

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

Commercial and Government Entity (CAGE) code means--

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

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

(b) The Offeror represents that it [____] is or [____] is not a successor to a predecessor that held a Federal contract or grant within the last three years.

(c) If the Offeror has indicated “is” in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):

Predecessor CAGE code: ____ (or mark “Unknown”).

Predecessor legal name: ____.

(Do not use a “doing business as” name).

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

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

(a) Definitions. As used in this provision-

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

(b) Prohibition.

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

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

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

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

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

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

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

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

(d) Representations. The Offeror represents that--

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

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

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

(e) Disclosures.

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

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

(i) For covered equipment--

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

(ii) For covered services--

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

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”.

(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.

ADDENDUM TO 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (NOV 2021)

General Overview of Selection Process. Award of contracts will be based on the best value concept for proposals deemed to be most beneficial to the Government. The Tradeoff Source Selection Process (FAR 15.101-1) will be applied to achieve a best-value contract award.

Consideration will be given to three factors used to evaluate quality of product or service.

These factors include (1) Technical Excellence, (2) Past Performance, and (3) Price.

1. Subfactors that fall within these three criteria will consist of a management outline including organization information and capability of subcontractor staff and facilities, under factor 1. A specific performance history that is focused on diversity of professional skills and working relationships under factor 2. Price will address staff position wages and require prices for several tasks including architectural histories and archaeological field survey.

2. The three factors will be rated using Combined Technical/Risk Ratings and Past Performance Relevancy, Performance Confidence Assessments, all per FAR 15.305 (Proposal Evaluation), the Department of Defense Source Selection Procedures, and the USACE Acquisition Instruction (“UAI”).

3. Submission Materials: The Offeror must provide an annotated project summary that identifies project name, contract and delivery order number, award amount, services provided and reference information. A Statement of Past Performance (not more than 6 pages) will accompany the project summary (see below) and will highlight specific performance history including work products, and location of work performed. Will include a review and evaluation of CPARS and Past Performance Questionnaires (PPQ (Attachment 1) and will be rated using the Performance Confidence Assessments Rating Method – Table 5 (“Department of Defense Source Selection Procedures” 3.1.3.3). It will also address specific performance history including work products, and location of projects within the region Finally, the Offeror must provide Past Performance reviews from CPARS that will indicate prior experience and familiarity working on Government projects.

Offerors shall provide a Project Summary. This summary should list the project name, contract number and delivery order (if appropriate), amount of contract or delivery order, services provided, and a reference. All projects should fall within the past 10 years. Services provided should select from the list at PWS Section “2.1 Character of Services.” An example of a project summary is provided for your use.

Project Name Contract & DO Award Amount Services Reference Report on Phase I Cultural Resources Investigation of Proposed Levee and Floodwall Alignments at the City of Montevideo, Chippewa County, Minnesota

DACW37-02-

M-0144

$ 128,000.00 A, C, D, G Gin E. Doe, St.

Paul District Corps of Engineers, 651-291-5379

Phase I Cultural Resources Investigation and Phase II Testing at 21RO34 and 21RO35 for the Bay Creek Environmental Rehabilitation Project in Roseau County, Minnesota

DACW37-04-

P-0138

$ 86,670.00 A, C, D, E, F, L, O, R, T

Gin E. Doe, St.

Paul District Corps of Engineers, 651-291-5379

a. Statement of Past Performance. Provide a description (not more than 6 pages) to highlight previous project experience—Past Performance. Select significant Project Summary entries and discuss specific performance history, focusing on work products and location of projects with the region.

b. Statement of Capability. Provide a Statement of Capability (not more than 6 pages) demonstrating how your firm met the technical and managerial requirements of projects identified in the Project Summary. Incorporate discussion of the following resources in the Statement:

i. Facilities

ii. Location

iii. Staffing

iv. Teaming Partners

v. Equipment

As with the Statement of Past Performance, significant projects that best represent your firm should be chosen for the Statement of Capability.

c. Past Performance reviews from CPARS.

FACTOR 1: Technical Excellence The Offeror has a demonstrated record of meeting or exceeding the technical and managerial requirements in the delivery of the following types of work products (Technical consists of six

(6) equally important sub-factors rolling up into an overall rating):

a. Integrated geomorphological/geoarchaeological investigations

b. Remote sensing projects

c. Geographic Information System (GIS) and Global Positioning System (GPS) services including designing and producing complex and comprehensive geospatial data work products such as 3D visualization, and probabilistic models.

d. Full scale and complex data recovery, including development of work plans, Unanticipated Discovery Plans, and project reports.

e. Development of mitigation and preservation plans, including treatment plans, and documentation for historic properties.

f. Public engagement and community outreach in support of archaeological and historic-properties education.

Submission Materials: The Offeror must provide a Statement of Capability (not more than 6 pages) that draws upon the Project Summary to discuss resources including facilities, location, staffing, teaming partners, and equipment, demonstrating how they met the project’s technical and managerial requirements. Incorporate discussion of the following resources in the Statement:

i. Facilities

ii. Location

iii. Staffing

iv. Teaming Partners

v. Equipment Significant projects that best represent your firm should be chosen for the Statement of Capability.

FACTOR 2: Past Performance The Offeror has a demonstrated record of meeting or exceeding satisfactory performance in the delivery of the following types of work products (Past performance consists of six (6) equally important sub-factors rolling up into an overall rating):

a. Integrated geomorphological/geoarchaeological investigations

b. Remote sensing projects

d. Full scale and complex data recovery, including development of work plans, Unanticipated Discovery Plans, and project reports.

e. Development of mitigation and preservation plans, including treatment plans, and documentation for historic properties.

f. Public engagement and community outreach in support of archaeological and historic-properties education.

FACTOR 3: Price The Government will evaluate offers for award purposes by adding the total price for all ordering periods to the total price for basic requirement. The Total Evaluated Price will be that sum. It is expected that there may be tradeoffs in the evaluation and negotiation phases of the acquisition process. The Government may have to pay more for a contractor with a better technical capability and past performance. Price will be evaluated as part of the total proposal considering technical excellence and past performance to determine the overall best value to the Government.

Although the price proposal is lower than the others in importance, it will contribute to the source selection decision. While price proposal will not be rated as is Past Performance and Technical Excellence evaluation criteria (Factors 1 and 2), it will be evaluated in terms of fairness and reasonableness.

Submission Materials: The Offeror must provide fully burdened rates for each position as listed on the Schedule of Labor Rates.

52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(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) Technical Excellence,

(2) Past Performance,

(3) Price

Relative Importance: Evaluation Factors are in descending order of importance, with Criterion 1 (Technical Excellence) and 2 (Past Performance) being of equal importance. When combined, Criteria 1 and 2 are significantly more important to price

(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.

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

COMMERCIAL SERVICES (NOV 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,…

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