W912ES23Q0012 RFQ Precast Vault Toilets - LQP 30Jan23.pdf

The U.S. Army Corps of Engineers, St. Paul District (USACE) requires a Contractor to furnish and install three (3) precast, single-access ABA compliant vault restrooms each w ith concrete privacy/entrance screen. See Statement of Work for full details. One (1) vault toilet shall be located at each of the follow ing USACE Lac Qui Parle (LQP) Day Use Areas:

• LQP Dam (east side), northw est of Watson, MN

• Marsh Lake, southw est of Appleton, MN

• Highw ay 75 Dam, southeast of Odessa, MN

This solicitation is issued as a Request for Quote (RFQ) under the authority of FAR Part 13 Simplif ied Acquisition Procedures and is 100% set aside for Small Businesses.

The North American Industry Classif ication System (NAICS) code for this project is 238120 Structural Steel & Precast Concrete Contractors w ith a size standard of $16.5M.

The estimated magnitude of construction is betw een $25,000 and $100,000.

Payment and Performance Bonds w ill be required in accordance w ith FAR 28.102-1.

TONI W WASGATT 651-290-5409

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS

NEGOTIATED

30-Jan-2023

(RFP)

(IFB)

CALL:

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______10 calendar days and complete it w ithin ________ calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________52.211-10 Alt

12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________ copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________14 Feb 2023 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

shall be marked to show the offeror's name and address, the solicitation number, and the date and time of fers are due.

B. An offer guarantee is, X is not required.

C. All offers are subject to the (1) w ork requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than _______30 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

4. CONTRACT NO.

7. ISSUED BY CODE

CONTRACTING DIVISION

USACE, ST PAUL

332 MINNESOTA STREET

SUITE E1500

ST PAUL MN 55101-1323

W912ES

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

12:00 PM (hour)

Sealed envelopes containing offers

5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.

8. ADDRESS OFFER TO (If Other Than Item 7)

FAX:TEL: 651-290-5414 TEL: FAX:

W912ES23Q0012 50

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

SOLICITATION, OFFER, AND AWARD (Continued) (Construction, Alteration, or Repair)

CODE FACILITY CODE

17. The offeror agrees to perform the w ork required at the prices specif ied below in strict accordance w ith the terms of this solicitation, if this offer is accepted by the Government in w riting w ithin ________ calendar days after the date offers are due.

the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS SEE SCHEDULE OF PRICES

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

CODE27. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY

(Include ZIP Code)14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NO. (Include area code)

See Item 14

(Include only if different than Item 14)16. REMITTANCE ADDRESS

30B. SIGNATURE

29. AWARD (Contractor is not required to sign this document.)

document and return _______ copies to issuing office.) Contractor agrees Your of f er on this solicitation, is hereby accepted as to the items listed. This award con-to f urnish and deliv er all items or perf orm all work, requisitions identif ied summates the contract, which consists of (a) the Gov ernment solicitation and on this f orm and any continuation sheets f or the consideration stated in this y our of f er, and (b) this contract award. No f urther contractual document is contract. The rights and obligations of the parties to this contract shall be necessary .

gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certif ications, and specif ications or incorporated by ref er-ence in or attached to this contract.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)

30C. DATE

(Type or print)

TEL: EMAIL:

31B. UNITED STATES OF AMERICA 31C. AWARD DATE

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

W912ES23Q0012

Section 00 10 00 - Solicitation

STATEMENT OF WORK

Project Description and Location

The U.S. Army Corps of Engineers, St. Paul District (USACE) requires a Contractor to furnish and install three (3) precast, single-access ABA compliant vault restrooms each with concrete privacy/entrance screen. One (1) vault toilet shall be located at each of the following USACE Lac Qui Parle (LQP) Day Use Areas:

LQP Dam (east side), northwest of Watson, MN Marsh Lake, southwest of Appleton, MN Highway 75 Dam, southeast of Odessa, MN

See Overhead Maps and site pictures of each location in Attachment 1 of this document.

Scope of Work

The Contractor shall provide delivery and installation (offload) of three (3) precast vault restroom systems at the locations listed above. Installation and setup includes lifting and placement of vault building on prepared site, and setup to ensure the facility is ready for use. Contractor shall provide site preparation instructions detailing hole dimensions to USACE. USACE shall excavate and prepare the vault site in accordance with the vault restroom manufacturer’s installation guidance and recommendations.

Specifications Each vault restroom facility must meet the following minimum specifications:

- Pre-cast concrete design to withstand snow loads of a minimum of 250 pounds per square foot on the roof and withstand wind effects of 120 mile per hour wind load or 180 mph (3-second gust) wind exposure C.

- Concrete – Cement must be low alkali type I-I or type III conforming to ASTM C-150, Aggregates will conform to ASTM C33 with a designated size of course aggregate #67

- Minimum water/cement ratio must not exceed 0.40. Slump must not exceed 5” with normal water reducing agent or 7” with super plasticizer

- Air entrained admixtures that conform to ASTM C260. Water reducing admixtures that conform to ASTM C494, Type A, Plasticizing admixtures that conform to ASTMC 1017, Other admixtures may not be used without customer approval.

- Color additives that conform to ASTM C979. A 6”x12”x2” color sample shall be available for customer approval

- All reinforcing steel conforming to ASTM A615. All welded wire fabric conforming to ASTM A185.

- All reinforcements new, free of dirt and oil.

- Steel reinforcement centered in the cross-sectional area of the floor and roof

- Maximum allowable variation for center-center spacing of reinforcement steel is ½”.

- Full lengths of reinforcement steel and reinforcement bars bent cold.

- Diagonal reinforcement placed around all openings.

- All exterior surfaces pre-finished.

- Front entrance screen.

- Sweet Smell Technology or equivalent.

- 1000-gallon waste tank.

- Dual Vault Ventilation with 12” minimum diameter vent stack and a minimum of 3’ above peak height of the roof. Vent Stacks must include screens to prevent wildlife from entering the stack and vault.

- Vent cover: 14-gauge 304 stainless steel powder coated matte black and anchored into the concrete wall with high strength anti-rust tap con fasteners. The vent louver frame and louvers must be non-vision .1” extruded aluminum jet coat finish. Vent with insect screen. Cover recessed a minimum ¾” on exterior walls with a 45-degree bevel. Interior flush mounted. Wall vent must not protrude from the wall.

- Door handles: ABA compliant, Stanley Best 7KC 37 R 15D STK 626 7-Pin Contour Angle Return Medium Duty Lockset, Standard, Classroom Style, Satin Chrome Color. Doors must include a dead bolt with a “vacant” & “occupied” indicator built into the locking mechanism.

- Steel Door: Flush panel type 1-3/4” thick 16 gauge minimum galvanized painted with DTM Alkyd (Direct-To-Metal Enamel high-build alkyd coating with rust-inhibitive properties). Each door must have a lower vent. Three hinges per door (dull chrome or stainless steel) 4-4-1/2” x 4-4-1/2”, adjustable tension and an automatic door closer for each door. Door sweep will be provided at the bottom of door and be an adjustable brush type. Rubber door silencers must be provided on latch side of frame.

- Doorstops installed with each door, doorstop must have a cast metal base, U.S. 26D finish with gray rubber 2-3/8” diameter bumper with a 1” projection.

- Interior “No Trash in Vault” Sign centered on wall 5ft above floor behind toilet. Sign must be anchored into the wall with ¼”x ¾” concrete wall anchors.

- Door louvers fixed, inverted split Y, non-vision, 18-gauge cold rolled steel.

- Wall louvers Heavy Duty Kick Proof Vent.

- Windows and cleanout cover frames constructed from steel – powder coated matte black.

- Window glazing 1/4” thick Lexan polycarbonate.

- Windows with ¾” recess, 45-degree bevel and frames with vandal resistant fasteners.

- Heavy duty automatic door closers on all doors.

- Cedar Shake Roof Texture roof color must be charcoal gray or equivalent color.

- Exterior wall exposed aggregate finish or equivalent.

- Roof pitch to be 3/12 or 4/12 pitch.

- Facilities must be labeled with Unisex and ADA accessible facility. Signs to have raised pictograms, letters, and braille to meet ADA/ABA regulations.

- Minimum of two windows each or a gable window for each side on either the front or back.

- Building design, furnishings, and furnishing placement must comply with all ADA/ABA Accessibility requirements.

- Vent stacks rock screens installed.

- Toilet paper holders for each bathroom stall must be stainless steel jumbo core toilet paper dispenser that holds two 9” toilet paper rolls, Bobrick Model B-2892 or equivalent.

- Caulking between vault and toilet floor must be 1”x1” butyl tape designed specifically to bond precast concrete to precast concrete or equivalent.

- Vault liner must be one-piece 0.187” thick LDPE plastic liner that can hold up to 1,000 gallons of waste. Vaults liner must be warranted against leaks for a period of seven (7) years.

- Caulking service temperatures from -40 to +194 degrees Fahrenheit.

- Interior and exterior joints caulked with a paintable polyurethane sealant or matching caulk colors to vault colors.

- Grout must be a non-shrink type and painted to match the color of surrounding concrete.

- Epoxy concrete adhesives must be two component rigid, non-sag gel adhesive for bonding to dry or damp surfaces, moisture insensitive.

- Cement base coating formulated with a very fine aggregate system and built-in bonding agent.

- Double Coat hooks constructed of solid brass with a brushed chrome finish.

- Grab bars: 18-gauge, type 304 stainless steel with 1-1/2” clearance, and able to withstand 300 pounds of loading.

- Toilet riser: 18” high, white cross-linked polyethylene, with heavy duty seat and lid.

- All signs inset a minimum of ¾” into wall with 45-degree bevel.

- All metal surfaces inside and out must be powder coated.

- Units must be properly packaged to protect against transportation damage during delivery.

- All Materials warranted according to the manufacturer’s specifications.

- Total dimension of the building and wind screens combined must be approximately 13’ 2” x 6’ 10”.

Responsibility

Contractor is responsible for the proper delivery and install of all vault components. Contractor is responsible for verifying project site location and must provide all applicable measurements of the vault to the Contracting Officer for approval prior to delivery.

Contractor is responsible for removing all debris, trash, and materials from USACE property related to the vault project, the use of existing USACE trash containers is not permissible.

Contractor will be responsible for application of any touch up paint or patching after vault is put in place.

Contractor is responsible for any damage/defects in the pre-engineered building and if any component is judged to affect structural integrity of the building it will be rejected and will be the responsibility of the Contractor to replace.

Contractor must patch small holes, depressions and air voids with a manufacturer-approved, suitable material. The patch must match the finish and texture of the surrounding surface and be approved by the Contracting Officer.

Patching will not be allowed if structural integrity of the building is affected.

Contractor is responsible for adhering to all seasonal load restrictions in accordance with https://www.dot.state.mn.us/materials/pvmtdesign/sll/index.html.

Contractor is responsible for coordinating with Contracting Officer and other Contractors on-site to maintain awareness of ongoing, on-site projects during the period of performance of this project.

Hours of Operation

7:00 am to 3:30 pm Central Time, Monday thru Thursday. No work shall be performed on Fridays, weekends or observed National holidays.

Site Visit

Contractors may schedule a site visit Monday through Thursday from 8:00 to 3:00 up to 2 days prior to close of bid. See FAR Clause 52.236-27 for further information regarding site visit. All Interested Firms are strongly encouraged to schedule a site visit.

Submittals

- Quote must include the manufacturer’s catalog/cut sheets of the quoted vault restroom facility.

- Vault restroom facility manufacturer’s detailed plans and specifications must be provided to the Contracting Office with Work Plan to allow the USACE to excavate and prepare the site for Contractor’s vault placement.

Performance Period

Notice to Proceed to 31 August 2023.

Work Plan

Contractor shall submit a Work Plan that details the sequence and scheduling of the proposed work during a Monday – Thursday work week. The Work Plan shall be submitted to the Contracting Officer within 10 days of Notice to Proceed. The Work Plan shall be discussed at the initial pre-construction meeting. The Work Plan must be accepted prior to start of work.

Safety Plan

The contractor shall submit a Safety Plan for performing the work. The Safety Plan shall be in conformance with the Safety and Health Requirements Manual, US Army Corps of Engineers EM 385-1-1 (latest edition). The Safety Plan shall be reviewed by the Corps and discussed at the initial pre-construction meeting. The Safety Plan must be accepted prior to start of work. The web site for the “Safety and Health Requirements Manual”, USACE EM 385-1-1 (latest edition) is http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1- 1.pdf

Clean Up

Contractor shall be responsible for removal and disposal of all construction debris. Disposal of debris shall be off-site and meet all local, County and State disposal codes.

Coordination

All work shall be coordinated with the Contracting Officer.

Initial Meeting

The pre-construction meeting shall be held at the LQP Project Area before commencing work. The Safety Plan, Work Plan, schedule, and coordination requirements shall be discussed.

Attachment 1- Maps / Pictures

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Bonds - Payment & Performance

FFP

FOB: Destination

PSC CD: Y1FB

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 3 Job Prefab Precast Concrete Vault Restrooms

FFP

All equipment, labor and materials required to purchase, deliver, and install three

(3) precast, single-access ABA compliant vault restrooms in accordance with SOW herein or as amended.

PSC CD: Y1FB

NET AMT

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 10 dys. ADC 1 CONTRACTING DIVISION

KEVIN HENRICKS

USACE, ST. PAUL

332 MINNESOTA STREET

SUITE E1500

ST PAUL MN 55101-1323

651-290-5414

966323

0002 31-AUG-2023 3 LAC QUI PARLE PROJECT

J MARK NESVIG

9055 FIRST STREET WEST

WATSON MN 56295-0177

966312

Section 00 21 13 - Instructions to Bidders

SUBMITTAL INSTRUCTIONS

This solicitation is a Request for Quote (RFQ), which should result in one firm fixed price contract. This solicitation is not an Invitation for Bid (IFB) or a Request for Proposal (RFP).

Any questions concerning this RFQ shall be accepted via email to toni.w.wasgatt@usace.army.mil.

Quotes must be sent via email to toni.w.wasgatt@usace.army.mil and jesse.l.onkka@usace.army.mil and must contain the following:

1. Complete SF 1442 Blocks 14, 15 and 20 a-c) (with signature in Block 20b).

2. Complete pricing for both Contract Line Items (CLINS) 0001 and 0002 to include bonds and all construction related requirements.

3. Complete FAR 52.204-8 Annual Representations and Certifications.

4. A copy of the commercially available prefabricated, precast building manufacturer’s cut sheets, catalog pages, and make/model drawings and specs of the restrooms quoted.

5. Provide up to five construction project past performance references for your firm. References must include contact information and reference the contract number of any government contracts.

Quotes must be received no later than the date and time stated in SF 1442, Block 13A. Quotes received after that date and time are late and may not be considered for evaluation and contract award.

All quotes will be technically reviewed to ensure the quoted commercial, prefabricated precast vault restroom building adheres to the specifications provided herein and shall be evaluated by the total price of both CLINS.

Quoter shall be registered in the System for Award Management (SAM) https://sam.gov to include the FAR and DFARS Representations and Certifications section, with the NAICS Code 238120 Structural Steel and Precast Concrete Contractors.

For assistance with SAM, please contact:

SAM Service Desk Website https://www.fsd.gov U.S. Calls 1-866-606-8220 Hours of Operation Monday-Friday 8am to 8pm ET

Interested firms are responsible for monitoring https://sam.gov for any amendments to this solicitation. It is the responsibility of the firm to specifically acknowledge all amendments to this solicitation with its quote. The preferred method of amendment acknowledgement is to return a signed copy of the amendment’s (Form SF30) first page as a .pdf document attached to the quote. Failure to acknowledge amendments may results in the quote’s removal from consideration for contract award.

As a component of the U.S. Government, the U.S. Army Corps of Engineers is exempt from Federal, State, and Local Taxes, including sales taxes. Do not include sales tax(es) in quoted price.

All pricing (unit, total, subtotal, grand total, etc.) must be in whole penny amounts.

CLAUSES INCORPORATED BY REFERENCE

52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-22 Alternative Line Item Proposal JAN 2017 52.222-5 Construction Wage Rate Requirements--Secondary Site of the

Work

MAY 2014

52.225-10 Alt I Notice of Buy American Requirement--Construction Materials (Feb 2009) Alternate I

MAY 2014

CLAUSES INCORPORATED BY FULL TEXT

52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

Goals for minority participation for each trade

Goals for female participation for each trade

0.6% 6.9%

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction,'' and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the --

(1) Name, address, and telephone number of the subcontractor;

(2) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is the Lac Qui Parle Project Area, Chippewa, Lac Qui Parle and Swift Counties, in Watson, Minnesota.

(End of provision)

52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) Site visits may be arranged during normal duty hours by contacting:

Name: LTC David Johnson

Address: 9055 1st St. W., Watson, MN 56295 Telephone: 651-290-5099

Email: david.e.johnson@usace.army.mil

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

https://www.acquisition.gov

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision.

(b) The use in this solicitation of any Defense Federal Acquisition Regulation Supplement (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

Section 00 45 00 - Representations and Certifications

52.204-7 System for Award Management OCT 2018 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

SEP 2022

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

MAY 2021

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAY 2022)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 238120.

(2) The small business size standard is $16,500,000.

(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees if the acquisition--

(i) Is set aside for small business and has a value above the simplified acquisition threshold;

(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

( ) Paragraph (d) applies.

( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.204-26, Covered Telecommunications Equipment or Services--Representation. This provision applies to all solicitations.

(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations--Representation.

(viii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(x) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.

(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).

(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xvi) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial products or commercial services.

(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.

(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.)

(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xxi) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $92,319, the provision with its Alternate II applies.

(D) If the acquisition value is $92,319 or more but is less than $100,000, the provision with its Alternate III applies.

(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.

(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.

(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

XX (i) 52.204-17, Ownership or Control of Offeror.

(ii) 52.204-20, Predecessor of Offeror.

(iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

(iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.

(v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.

(vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA- Designated Products (Alternate I only).

(vii) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

(viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The Offeror has completed the annual representations and certifications electronically in SAM accessed through https://www.sam.gov. After reviewing the SAM information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [ offeror to insert changes, identifying change by clause number, title, date]. 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.

FAR Clause Title Date Change

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 on SAM.

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

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

(a) Definitions. As used in this provision-

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

(b) Prohibition.

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

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

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

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

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

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

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

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

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

(d) Representations. The Offeror represents that--

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

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

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

(e) Disclosures.

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

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

(i) For covered equipment--

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

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

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services--

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

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

252.204-7007 ALTERNATE A, ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAY 2021)

Substitute the following paragraphs (b), (d) and (e) for paragraphs (b) and (d) of the provision at FAR 52.204-8:

(b)(1) If the provision at FAR 52.204-7, System for Award Management, is included in this solicitation, paragraph

(e) of this provision applies.

(2) If the provision at FAR 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (e) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

__ (i) Paragraph (e) applies.

__ (ii) Paragraph (e) does not apply and the Offeror has completed the individual representations and certifications in the solicitation.

(d)(1) The following representations or certifications in the SAM database are applicable to this solicitation as indicated:

(i) 252.204-7016, Covered Defense Telecommunications Equipment or Services--Representation. Applies to all solicitations.

(ii) 252.216-7008, Economic Price Adjustment--Wage Rates or Material Prices Controlled by a Foreign Government. Applies to solicitations for fixed-price supply and service contracts when the contract is to be performed wholly or in part in a foreign country, and a foreign government controls wage rates or material prices and may during contract performance impose a mandatory change in wages or prices of materials.

(iii) 252.225-7042, Authorization to Perform. Applies to all solicitations when performance will be wholly or in part in a foreign country.

(iv) 252.225-7049, Prohibition on Acquisition of Certain Foreign Commercial Satellite Services--Representations.

Applies to solicitations for the acquisition of commercial satellite services.

(v) 252.225-7050, Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism. Applies to all solicitations expected to result in contracts of $150,000 or more.

(vi) 252.229-7012, Tax Exemptions (Italy)--Representation. Applies to solicitations when contract performance will be in Italy.

(vii) 252.229-7013, Tax Exemptions (Spain)--Representation. Applies to solicitations when contract performance will be in Spain.

(viii) 252.247-7022, Representation of Extent of Transportation by Sea. Applies to all solicitations except those for direct purchase of ocean transportation services or those with an anticipated value at or below the simplified acquisition threshold.

(2) The following representations or certifications in SAM are applicable to this solicitation as indicated by the Contracting Officer: [Contracting Officer check as appropriate.]

____ (i) 252.209-7002, Disclosure of Ownership or Control by a Foreign Government.

____ (ii) 252.225-7000, Buy American--Balance of Payments Program Certificate.

____ (iii) 252.225-7020, Trade Agreements Certificate.

____ Use with Alternate I.

XX (iv) 252.225-7031, Secondary Arab Boycott of Israel.

____ (v) 252.225-7035, Buy American--Free Trade Agreements--Balance of Payments Program Certificate.

____ Use with Alternate I.

____ Use with Alternate II.

____ Use with Alternate III.

____ Use with Alternate IV.

____ Use with Alternate V.

____ (vi) 252.226-7002, Representation for Demonstration Project for Contractors Employing Persons with Disabilities.

____ (vii) 252.232-7015, Performance-Based Payments--Representation.

(e) The Offeror has completed the annual representations and certifications electronically via the SAM website at https://www.acquisition.gov/. After reviewing the SAM database information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in FAR 52.204-8(c) and paragraph (d) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer, and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [Offeror to insert changes, identifying change by provision number, title, date____]. 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.

FAR/DFARS provision No.

Title Date Change

Any changes provided by the Offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications located in the SAM database.

252.225-7055 REPRESENTATION REGARDING BUSINESS OPERATIONS WITH THE MADURO REGIME

(MAY 2022)

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

Agency or instrumentality of the government of Venezuela, business operations, government of Venezuela, and person have the meaning given in the clause 252.225-7056, Prohibition Regarding Business Operations with the Maduro Regime, of this solicitation.

(b) Prohibition. In accordance with section 890 of the National Defense Authorization Act for Fiscal Year 2020 (Pub. L. 116-92), DoD is prohibited from entering into a contract for the procurement of products or services with any person that has business operations with an authority of the government of Venezuela that is not recognized as the legitimate government of Venezuela by the U.S. Government, unless the person has a valid license to operate in Venezuela issued by the Office of Foreign Assets Control of the Department of the Treasury.

(c) Representation. By submission of its offer, the Offeror represents that the Offeror is a person that--

(1) Does not have any business operations with an authority of the Maduro regime or the government of Venezuela that is not recognized as the legitimate government of Venezuela by the U.S. Government; or

(2) Has a valid license to operate in Venezuela issued by the Office of Foreign Assets Control of the Department of the Treasury.

Section 00 70 00 - Conditions of the Contract

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government

52.203-19 Prohibition on Requiring Certain Internal Confidentiality

Agreements or Statements

JAN 2017

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

JUN 2020

52.204-13 System for Award Management Maintenance OCT 2018 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities

NOV 2021

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

NOV 2021

52.209-6 Protecting the Government's Interest When…