W912ES23Q0013 RFQ for LD Concrete Coring.pdf
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SEE ADDENDUM
(No Collect Calls)
W912ES23Q0013 07-Dec-2022
b. TELEPHONE NUMBER
651-290-5614
8. OFFER DUE DATE/LOCAL TIME
11:00 AM 08 Dec 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
SEE SCHEDULE
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 ORX
SMALL BUSINESS
17a.CONTRACTOR/ CODE FACILITY
OFFEROR CODE
CONTRACTING DIVISION
USACE, ST PAUL
332 MINNESOTA STREET
SUITE E1500
ST PAUL MN 55101-1323
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:
$16,500,000
NAICS:
541380
X
OFFER DATED
29. AWARD OF CONTRACT: REF.
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
EMAIL:
TEL:
31c. DATE SIGNED
SEE SCHEDULE
SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT
24.22.21.19.
WOMEN-OWNED SMALL BUSINESS (WOSB)
ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
(CONTINUED)
PAGE 2 OF48
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.
W912ES23Q0013
Section SF 1449 - CONTINUATION SHEET
STATEMENT OF WORK
LOCK AND DAM NO. 4 & 6
CONCRETE SURFACE PREPARATION INVESTIGATIONS
PERFORMANCE WORK STATEMENT
General This work is to investigate and evaluate the tensile strength between a prepare concrete surface and newly placed vertical surface repaired concrete, at Lock and Dam No. 4 and 6. The proposed bid shall provide for all labor, equipment, materials, and supplies necessary for this work.
Site Locations Lock and Dam No. 4 Lock and Dam No. 6 P.O. Box 325 W24005 Road Alma, WI 54610-4421 Trempealeau, WI 54661-0406
Schedule The tensile strength test results, see Appendix A, shall be submitted via email, to USACE-MVP Concrete Materials Engineer, Jake Fall at jacob.l.fall@usace.army.mil no later than 45 days after contract award.
Testing Requirements
1. Sampling of Hardened Concrete
In accordance with ASTM C 42 Obtaining and Testing Drilled Cores and Sawed Beams of Concrete, a total of 12 core samples will be taken. Two sets of four (4) core samples will be taken at Lock and Dam No. 4 and one (1) set of four (4) core samples will be taken at Lock and Dam No. 6. A set consists of three (3) samples taken within random vertical repaired areas, while the remaining sample one (1) will be taken within an area of sound concrete.
2. Ground Penetrating Radar (GPR) The contractor will use a ground penetrating radar (GPR) in accordance with ASTM D 4748-R20 Test Method for Determining the Thickness of Bound Pavement Layers Using Short-Pulse Radar to determine the location of installed reinforcement and/or ½” steel mechanical anchors.
3. Tensile Strength Testing Plan.
The tensile strength of the concrete surface repair can be determined with a pull-off test in accordance with ASTM C 1583 Tensile Strength of Concrete Surfaces and the Bond Strength or Tensile Strength of Concrete Repair and Overlay Materials by Direct Tension (Pull-off Method).
Measurement and Payment.
Payment shall constitute full compensation for furnishing all labor, materials, equipment, and incidentals required and performing all work in a satisfactory manner and in accordance with the requirements described herein.
Appendix A Reporting the tensile strength and failure mode of each core sample per site.
Table 1: Tensile Strength Testing and Quantity Plan for Lock and Dam No. 4 (Land wall).
Lock and Dam 4 - Tensile Strength Test Results
Core ID# Location Description Tensile
Strength (psi)1 Failure Mode2
Table 2: Tensile Strength Testing and Quantity Plan for Lock and Dam No. 4 (I-Wall).
Lock and Dam 4 - Tensile Strength Test Results
Core ID# Location Description Tensile
Strength (psi)1 Failure Mode2
Table 3: Tensile Strength Testing and Quantity Plan for Lock and Dam No. 6.
Lock and Dam 6 - Tensile Strength Test Results
Core ID# Location Description Tensile
Strength (psi)1 Failure Mode2
NOTES TO QUOTER
1 The testing device can record the force required to cause failure, which, if divided by the surface area of the specimen, will result in tensile strength (psi).
2 Record the failure mode as (a) in the substrate, (b) at the bond line between the substrate and the repair material, (c) in the repair material, or (d) at the bond line between the repair or overlay material and the epoxy adhesive used to bond the steel disk.
1.
EVALUATING THE LOCK CHAMBER WALL CONCRETE CONDITION
AT LOCK AND DAM NO. 3 AND 4
SCOPE OF WORK
1. GENERAL. This work is to investigate and evaluate the interior concrete condition of the lock chamber walls within Lock and Dam No. 3 and 4 along the Mississippi River within the St. Paul
District. This will help provide a better understanding of the existing concrete condition vertically below the lock wall surface around the embedded miter gate anchorages. The proposed bid shall provide for all labor, equipment, materials, and supplies necessary for this work. To schedule a site visit, contact the United States Army Corps of Engineers – St. Paul District (USACE-MVP)
Representative:
USACE-MVP Concrete Materials Engineer:
Jake Fall, P.E.
U.S. Army Corps of Engineers
St. Paul District 332 Minnesota Street, SuiteE1500
St. Paul, MN 55101
651.690.5646 (Office Phone)
2. SITE LOCATION.
Lock and Dam No. 3 Lock and Dam No. 4
U. S. Army Corps of Engineers U. S. Army Corps of Engineers
4330 Lock & Dam Road P.O. Box 325
Welch, MN 55089-9644 Alma, WI 54610-4421
(651) 388-5794 (608) 685-4421
44°36'36.39"N, 92°36'37.71"W 44°19'33.78"N, 91°55'9.50"W
3. SCHEDULE. The target date for commencement of the on-site data collection shall be Monday, December 12, 2022, and the final report (one report for each site) shall be submitted no later than 30 days after contract award. The on-site data collection shall be conducted Monday through Friday and the contractor will be responsible for developing a daily schedule, maximum 16 hours / day. The contractor shall complete each core and clean their work areas from all coring and / or grouting equipment and operations at the end of each day. The contractor shall coordinate the on-site data collection with the USACE-MVP Concrete Materials Engineer. The
2.
contractor shall provide compression strength data of the samples within three (3) days of collection to the USACE-MVP Concrete Materials Engineer.
4. SUPPLEMENTAL TESTING AND SAMPLING. For each site, the contractor shall determine the interior concrete condition of the lock chamber walls at each specified site by vertically drilling a total of eight (8), 4-inch diameter concrete core cylinder in accordance with ASTM C 46, in the location and depth as described below in Table 1 and shown on the attached drawings. The cored holes shall not vary from vertical by more than ½-inch for the depth of the hole. The cores shall be retained and checked to verify the interior concrete condition. Once each core is extracted, they shall be labeled according to the Core Number system shown in Table 1.
5. LABORATORY TESTING PLAN. A testing plan, for each site, shall be developed to accommodate the following requirements.
1. Each core shall be visually inspected, photographed, and the physical conditioned documented.
2. A full petrographic analysis in accordance with ASTM C 856 and ASTM C 457 shall be conducted on two (2) total cores, one on the upstream landwall and one on the upstream I-wall.
3. All 8 samples (can be from specific portions of the extracted cores) shall be tested for compressive strength in accordance with ASTM C 39.
6. REPORT. After completion of the field coring and laboratory testing, a final report, for each site, shall be submitted to the USACE-MVP Concrete Materials Engineer.
A. The final report shall include, but is not limited to the following:
1. A summary of field data collection including photographs, location, depth, and condition of each cylinder.
2. The results of the Petrographic Examination in accordance with ASTM C 856 shall include but not limited to the following:
i. Determine, in detail, the interior concrete condition of the structure.
ii. Determine the hardened air content in accordance with ASTM C 457.
iii. Determine inferior quality, distress, or deterioration of concrete in the structure.
iv. Determine whether alkali-silica or alkali-carbonate reaction, or cement-aggregate reaction, or reactions between contaminants and the matrix have taken place, and their effects upon the concrete.
v. Determine whether the concrete has been subjected to or affected by sulfate or other chemical attack, early freezing, or to other harmful effects of freezing and thawing.
3.
3. The results of the compression strength in accordance with ASTM C 39.
4. The field data and laboratory testing results shall be organized within the report.
7. LOCATION AND ACCESS. The exact testing locations will be within the interior corners of a pre-determined saw cut perimeter, at each miter gate anchorage location. See Figure 1 within the attachments for more information. The government will provide access for all work and testing locations. On-site power sources located along the lock chamber may be limited. The USACE on-site power source shall not be altered to accommodate the contractor’s power cable. The contractor will be responsible for providing the correct power cable end that is compatible with the USACE power source. If the on-site power source becomes unavailable, the contractor shall have a secondary power source on-site and readily available to use.
8. SITE REQUIREMENTS. The contractor shall provide ground penetrating radar and or other Non-
Destructive Testing (NDT) equipment to evaluate the surface prior to coring to avoid interferences with subsurface utilities and steel reinforcement.
9. SAFETY. All work shall be in conformance with the latest version of the Corps of Engineers Safety and Health Requirements Manual EM 385-1-1. The contractor shall provide all personal protective equipment (PPE).
10. MEASUREMENT AND PAYMENT. Payment shall constitute full compensation for furnishing all labor, materials, equipment, and incidentals required and performing all work in a satisfactory manner and in accordance with the requirements described herein.
11. SITE RESTORATION AND CLEANUP. Prior to departing the site, the contractor shall fill each core hole with a non-shrink grout conforming to ASTM C 1107, and all surface areas damaged by the
Contractor’s operations shall be restored. After the project completion, the contractor shall properly dispose of each concrete core sample and any other project related debris in accordance with all
Federal, state, and local laws, ordinances, and regulations.
All invoices shall be sent to: A copy of all invoices shall be sent to:
USACE Finance Center Fountain City Service Base
St Paul District (B6) Attn: Jamie Mercer
5766 Integrity Drive PO Box 397
Millington, TN 38054-5005 431 North Shore Drive
Fountain City, WI 54669-0397
4.
12. ATTACHMENTS
Table 1: Lock and Dam No. 3 Coring Depth and Location Guide Table
For
C o re
N
. Monolith Number
Core Depth (ft)
Actual
Core Depth (ft)
Actual Distance from the
Centerline of Pintle (in) Coring Date
Location X Location Y
LD No. 3 1. I-4 5
2. I-4 10
3. L-5 5
4. L-5 10
5. I-22 5
6. I-22 10
7. L-23 5
8. L-23 10
Table 2: Lock and Dam No. 4 Coring Depth and Location Guide Table
For
C re
. Monolith
Number
Core
Depth (ft)
Actual
Core Depth (ft)
Actual Distance from the Centerline of Pintle (in) Coring Date
Location X Location Y
LD No. 4 1. I-55 5
2. I-55 10
3. L-18 5
4. L-18 10
5. I-73 5
6. I-73 10
7. L-35 5
8. L-35 10
The core locations have been labeled on the attached drawings.
Note: Prior to coring, the contractor shall verify each location with the contracting officer.
5.
Figure 1: Core Sample location example. Figure provided from Lock and Dam No. 6 Miter Gate Anchorage Placement Project.
b6ecjlf9 Callout Core Locations b6ecjlf9 Callout Predetermined Saw-cut perimeter
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LOCK & DAM 3
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LOCK & DAM 4
b6ecjlf9 Text Box Lock and Dam No. 4 Miter Gate Anchorages b6ecjlf9 Callout Core No. 3 (L-18) 5ft b6ecjlf9 Callout Core No. 4 (L-18) 10ft b6ecjlf9 Callout Core No. 2 (I-55) 10ft b6ecjlf9 Callout Core No. 1 (I-55) 5ft b6ecjlf9 Callout Core No. 5 (I-73) 5ft b6ecjlf9 Callout Core No. 6 (I-73) 10ft b6ecjlf9 Callout Core No. 7 (L-35) 5ft b6ecjlf9
Core No. 8 (L-35) 10ft
PLEASE E-MAIL ALL QUESTIONS to John Riederer, Contract Specialist, at John.P.Riederer@USACE.Army.mil.
It is preferred that the quote be e-mailed to: John Riederer, Contract Specialist, John.P.Riederer@USACE.Army.mil
The offeror may also submit the quote by mail / courier to the following address:
USACE – St. Paul Contracting Division Attn: John Riederer 332 Minnesota St, STE E1500 St. Paul, MN 55101
OFFEROR SHALL BE REGISTERED IN SAM (System for Award Management) https://www.sam.gov to include the FAR and DFARS Representations and Certifications (Reps & Certs) sections with the NAICS code applicable to the solicitation.
For assistance with SAM, please contact:
SAM by GSA Hours of Operation: Monday – Friday 8am to 8pm ET, U.S. Calls 866-606-8220 Service desk website: http://www.fsd.gov/
This request for quotes (RFQ) is UNRESTRICTED. Firms of any size may submit offers.
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 2 Set LD4 Concrete Core Samples (Set of 4)
FFP
TWO Sets of 4 concrete core samples Per ASTM C - 8 in to 14 in deep FOB: Destination
PURCHASE REQUEST NUMBER: W81G6721390385
PSC CD: 6635
NET AMT
0002 Job LD4 - Ground Penetrating Radar
FFP
Contractor will use Ground Penetrating Radar (GPR) IAW ASTM D 4748-R20 Test Method for determining Thickness of Bound Pavement Layers using Short- Pulse Radar to determine location of reinforcement and/or 1/2 in steel mechanical anchors FOB: Destination
0003 1 Set LD6 Concrete Core Samples (Set of 4)
FFP
ONE Set of 4 concrete core samples Per ASTM C - 8 in to 14 in deep FOB: Destination
0004 Job LD6 - Ground Penetrating Radar
FFP
Contractor will use Ground Penetrating Radar (GPR) IAW ASTM D 4748-R20 Test Method for determining Thickness of Bound Pavement Layers using Short- Pulse Radar to determine location of reinforcement and/or 1/2 in steel mechanical anchors FOB: Destination
0005 12 Each Core Sample Tensile Strength Test
FFP
Tensile Strength of Concrete Repair Materials by Direct Tension (Pull-Off Method) IAW ASTM C 1583 -- Per Core Sample FOB: Destination
0006 8 Each LD3 Lock Chamber Core Samples
FFP
Contractor will drill eight (8) 4 inch diameter core cylinders IAW ASTM C 46, in the locations and depths shown in SOW. Target Depths between 60 in and 120 in.
FOB: Destination
PURCHASE REQUEST NUMBER: W81G6722435410
0007 8 Each LD4 Lock Chamber Core Samples
FFP
Contractor will drill eight (8) 4 inch diameter core cylinders IAW ASTM C 46, in the locations and depths shown in SOW. Target Depths between 60 in and 120 in.
FOB: Destination
0008 1 Job Testing of Lock Chamber Core Cylinders
FFP
Visual Inspection, photography and documentation of condition of each core cylinder. Full petrographic analysis IAW ASTM C 856 and ASTM C 457 conducted on two (2) cores from LD3 and LD4, one from upstream landwall, one from upstream I-wall. All 16 samples shall be tested for compressive strength IAM
ASTM C 39.
FOB: Destination
0009 1 Job Report of Lock Chamber Coring & Testing
FFP
Per SOW FOB: Destination
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 N/A N/A N/A Government 0002 N/A N/A N/A Government 0003 N/A N/A N/A Government 0004 N/A N/A N/A Government
0005 N/A N/A N/A Government 0006 N/A N/A N/A Government 0007 N/A N/A N/A Government 0008 N/A N/A N/A Government 0009 N/A N/A N/A Government
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 13-DEC-2022 2 LOCK & DAM #4
JOE MINNIS
USACE - LOCK & DAM 4
420 N. MAIN PO BOX 325
ALMA WI 54610-4421
651-290-5951 FOB: Destination
965600
0002 13-DEC-2022 (SAME AS PREVIOUS LOCATION)
0003 13-DEC-2022 1 LOCK & DAM #6
ROJEAN HEYER
W24055 LOCK AND DAM ROAD
TREMPEALEAU WI 54661-0406
651-290-5961
965602
0004 13-DEC-2022 (SAME AS PREVIOUS LOCATION)
965602
0005 21-DEC-2022 12 DESIGN BRANCH
JACOB FALL
332 MINNESOTA STREET E SUITE E1500
ST PAUL MN 55101-1638
651-290-5242
B6L1D00
0006 13-DEC-2022 8 LOCK & DAM #3
TIMOTHY TABERY
4330 LOCK AND DAM ROAD
WELCH MN 55089-9644
651-290-5060
966305
0007 13-DEC-2022 8 LOCK & DAM #4
JOE MINNIS
USACE - LOCK & DAM 4
420 N. MAIN PO BOX 325
ALMA WI 54610-4421
651-290-5951
0008 21-DEC-2022 1 DESIGN BRANCH
JACOB FALL
332 MINNESOTA STREET E SUITE E1500
ST PAUL MN 55101-1638
651-290-5242
0009 30 dys. ADC 1 (SAME AS PREVIOUS LOCATION)
CLAUSES INCORPORATED BY REFERENCE
52.204-7 System for Award Management OCT 2018 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-23 Prohibition on Contracting for Hardware, Software, and
Services Developed or Provided by Kaspersky Lab and Other Covered Entities
NOV 2021
52.212-1 Instructions to Offerors--Commercial Products and Commercial Services
NOV 2021
52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services
NOV 2021
52.232-40 Providing Accelerated Payments to Small Business Subcontractors
NOV 2021
252.203-7000 Requirements Relating to Compensation of Former DoD Officials
SEP 2011
252.203-7005 Representation Relating to Compensation of Former DoD Officials
SEP 2022
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
252.204-7017 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
252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7001 Buy American And Balance Of Payments Program-- Basic JUN 2022 252.225-7048 Export-Controlled Items JUN 2013 252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Items JAN 2021
252.247-7023 Transportation of Supplies by Sea FEB 2019
CLAUSES INCORPORATED BY FULL TEXT
52.204-24 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.
(End of provision)
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:
Price
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES (OCT 2022) 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, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.
"Forced or indentured child labor" means all work or service—
(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or
(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.
"Highest-level owner" means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.
"Immediate owner" means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.
"Inverted domestic corporation," means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
"Manufactured end product" means any end product in product and service codes (PSCs) 1000-9999, except—
(1) PSC 5510, Lumber and Related Basic Wood Materials;
(2) Product or Service Group (PSG) 87, Agricultural Supplies;
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 9630, Additive Metal Materials.
"Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
"Reasonable inquiry" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
"Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—
(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended.
"Sensitive technology"—
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).
"Service-disabled veteran-owned small business concern"—
(1) Means a small business concern—
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).
"Small business concern"—
(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.
"Small disadvantaged business concern, consistent with 13 CFR 124.1002," means a small business concern under the size standard applicable to the acquisition, that--
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--
(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and
(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and
(2) The management and daily business operations of which are controlled (as defined at 13 CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.
"Subsidiary" means an entity in which more than 50 percent of the entity is owned—
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
"Veteran-owned small business concern" means a small business concern—
(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans.
"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.
"Women-owned small business concern" means a small business concern --
(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and
(2) Whose management and daily business operations are controlled by one or more women.
"Women-owned small business (WOSB) concern eligible under the WOSB Program" (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300.
(b)
(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.
(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs __.
[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.
These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]
(c) Offerors must complete the following representations when the resulting contract is 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). Check all that apply.
(1) Small business concern. The offeror represents as part of its offer that--
(i) It [ ___ ] is, [ ___ ] is not a small business concern; or
(ii) It [ ] is, [ ] is not a small business joint venture that complies with the requirements of 13 CFR 121.103(h) and 13 CFR 125.8(a) and (b). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .]
(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a veteran-owned small business concern.
(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that--
(i) It [ ___ ] is, [ ___ ] is not a service-disabled veteran-owned small business concern; or
(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 125.18(b)(1) and (2).
[The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .] Each service-disabled veteran-owned small business concern participating in the joint venture shall provide representation of its service-disabled veteran-owned small business concern status.
(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.]The offeror represents that it [ ___ ] is, [ ___ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.
(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.]The offeror represents that it [ ___ ] is, [ ___ ] is not a women-owned small business concern.
Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.
(6) WOSB joint venture eligible under the WOSB Program. The offeror represents that it [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .]
(7) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The offeror represents that it [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c).
[The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .]
(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ___ ] is, a women-owned business concern.
(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:
(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that—
(i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, as having been certified by SBA as a HUBZone small business concern in the Dynamic Small Business Search and SAM, and will attempt to maintain an employment rate of HUBZone residents of 35 percent of its employees during performance of a HUBZone contract (see 13 CFR 126.200(e)(1));
and
(ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR 126.616(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .] Each HUBZone small business concern participating in the HUBZone joint venture shall provide representation of its HUBZone status.
(11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) of this provision.)
[The offeror shall check the category in which its ownership falls]:
___ Black American.
___ Hispanic American.
___ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).
___ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).
___ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).
___ Individual/concern, other than one of the preceding.
(d) Representations required to implement provisions of Executive Order 11246 --
(1) Previous contracts and compliance. The offeror represents that --
(i) It [ ___ ] has, [ ___ ] has not, participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and
(ii) It [ ___ ] has, [ ___ ] has not, filed all required compliance reports.
(2) Affirmative Action Compliance. The offeror represents that --
(i) It [ ___ ] has developed and has on file, [ ___ ] has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or
(ii) It [ ___ ] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.
(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352).
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