W912HV-21-B-0002-am0002 Revised Specifications.pdf

W912HV21B0002

Section 00 21 13

SECTION 00 21 13

INSTRUCTIONS TO BIDDERS

1. THIS IS AN INVITATION FOR BID SOLICITATION

a. A Virtual Public Bid Opening will be conducted telephonically ONLY. A teleconference phone line has been established for anyone who is interested in attending the Virtual Public Bid Opening. The following information will be needed if you choose to call in for the Bid Opening:

AUDIO CONFERENCE INFORMATION:

Government DSN: 263-7533 Commercial(in Japan): 046-407-7533 Commercial From U.S.: 011-81-46-407-7533 Government DSN: (From Outside of 315): 315-263-7533

b. The Virtual Public Bid Opening announcement of bid results will commence approximately thirty (30) minutes after the due date and time specified in the Solicitation for receipt of Bids, to allow time for the designated contracting personnel to download the submitted Bid Packages from the Department of Defense Secure Access File Exchange (DoD SAFE) website. Only timely bids submitted through DOD Safe by the date and time specified in the solicitation will be downloaded and read aloud during the virtual public bid opening.

c. An Abstract of Bids (Optional Form 1419, Abstract of Offers – Construction) will be completed, verified/certified as to its accuracy and posted on the following Government Point of Entry website: beta.SAM.gov.

2. CONTRACTOR APPLICATIONS. Firms which have not submitted a Contractor Application to this office are requested to go to the U.S. Army Corps of Engineers, Japan Engineering District, Contracting Division website: https://www.poj.usace.army.mil/Business- With-Us/ to download the Contractor Application. Such firms shall be required to complete the aforementioned application and submit documents indicating they are registered with the Government of Japan to perform construction in Japan and possess both the necessary construction licenses and permits required to perform the requisite work identified in the solicitation. This documentation should be submitted along with your bid.

3. REQUIRED SUBMITTALS FOR INVITATION FOR BIDS.

a. Bidders shall include the following documents when submitting a bid in response to the solicitation:

(1) SF1442 (pages 1 and 2), including acknowledgment on all SF30 Amendments issued;

(Am-0002)

(2) Section 00 10 00, Solicitation, Contract Line Item Number (CLIN) Schedule (completed in its entirety);

(3) Section 00 45 00, Representations and Certifications (completed in its entirety);

(4) Bid Guarantee (see paragraph 14 “Original Bid Bond” below); and

(5) Joint Venture Agreement (if applicable).

b. Failure to submit all required documents may result in the Bid being considered non-responsive. Additionally, failure of the Bidder to propose prices for all items in the CLIN Schedule may be cause for rejection of the Bid as non-responsive.

4. DELIVERY OF BIDS (ELECTRONIC BID SUBMISSION).

a. An Electronic Bid shall be submitted via Department of Defense Secure Access File Exchange (DoD SAFE) (https://safe.apps.mil/).

b. Emailed Bids are strictly prohibited and will be rejected.

c. Firms are solely responsible for ensuring that their Electronic Bid is uploaded and received by the Government at the specified location prior to by the date and time established in the solicitation for receipt of bids.

d. To ensure timely submission of your Electronic Bid, Bidders should closely coordinate the upload/file transfer the delivery of your Electronic Bid Package with sufficient time to ensure receipt by the Government prior to by the date and time established in the solicitation.

e. Physical or paper Bids will not be accepted, except as indicated in paragraph 14 “Original Bid Bond” below.

f. The Government will not escort or provide any base access to any door-to-door service company.

g. Instructions For Submitting An Electronic Bid:

(1) Each Bidder is authorized to submit one (1) Electronic Bid Package.

(2) The Electronic Bid Package shall:

i. Include all documents identified in Paragraph title “REQUIRED SUBMITTALS FOR INVITATION FOR BIDS”, except as indicated in paragraph 14 “Original Bid Bond” below.

ii. Format documents as .doc, .docx, or .pdf only; and

iii. Be limited to 8GB.

(3) The Electronic Bid Package shall be submitted electronically using the Department of

Defense Secure Access File Exchange (DoD SAFE) (https://safe.apps.mil/).

NOTE (1) The DoD SAFE website will provide a time-stamped notification to the Government when a file is uploaded.

NOTE (2): Additional, separate uploads or file transfers will not be accepted by the Government. In the event more than one Electronic Bid Package is submitted from a single company, only the latest time/date-stamped Electronic Bid, that was timely received by the applicable due date and time, will be downloaded and used to complete the Bid Abstract during the Virtual Public Bid Opening. All earlier versions will not be downloaded and subsequently rejected considered.

(4) To submit an Electronic Bid Package through the DoD SAFE website, Bidders shall follow the following steps:

Step 1: Send an Email no less than 24-hours prior to the closing date and time stated for receipt of Bids to Mr. Jiro Miyairi at jiro.miyairi.ln@usace.army.mil requesting a secure link to upload your Bid Package to the DoD SAFE website (https://safe.apps.mil/).

Step 2: Prospective Bidders who timely submit a request will receive an automated email containing a link that will take the Bidder to the DoD SAFE website where the file can be uploaded.

Step 3: Prospective Bidders shall follow the instructions on the linked webpage to upload the Bid Package file. There is an optional note section that will be included in the email to the recipient selected. The recipient will receive an automated email containing any note entered and instructions for downloading the file.

NOTE (1): The link is only valid for 14 calendar days from the date and time the email is sent to the Prospective Bidder. The bid must be received by the date and time established in the solicitation for the receipt of bids.

NOTE (2): Bidders are cautioned to log into the DoD SAFE website, using the link provided, with sufficient time to ensure the Electronic Bid Package is completely uploaded and time-stamped in the system prior to by the date and time specified for receipt of Electronic Bids.

NOTE (3): It is the responsibility of the Prospective Bidder to promptly notify Mr. Jiro Miyairi (jiro.miyairi.ln@USACE.Army.Mil) and Ms. Tristin N. Suetsugu (Tristin.N.Suetsugu.civ@USACE.Army.Mil) if an email containing the link is NOT received on the day of their written request.

5. SUBMISSIONS OF BIDS IN JAPANESE YEN. Bids submitted in response to this solicitation shall be in terms of Japanese Yen, including any required bid guarantee. Bids received in other than Japanese Yen will be rejected.

6. MAGNITUDE OF THE PROPOSED PROJECT. Magnitude of the Proposed Project.

The estimated price range of this work is between $10,000,000 and $25,000,000 (¥1,000,000,000 and ¥2,500,000,000) [Ref: FAR 36.204 / DFARS 236.204].

7. BIDDER INQUIRIES.

a. Prospective Bidders shall submit all questions or requests for information (RFI) regarding this solicitation through the PrjoNet website, which can be accessed at https://www.projnet.org/projnet/. The “Bidder Inquiry Module” in ProjNet will allow prospective Bidders to submit questions and/or RFI, and display previously submitted questions and/or RFI posted by other prospective Bidders. Telephonic and email questions sent directly to Government representatives will not be accepted. All questions and/or RFI shall be submitted in the Bidder Inquiry Module by the due date and time identified herein.

b. All questions or RFIs shall be submitted within the ProjNet, Bidder Inquiry Module no later than 11:59 PM (midnight), Japan Standard Time on April 16, 2021.

c. To submit and/or review questions related to this project, prospective Bidders must use a Bidder Inquiry Key and follow the instructions listed below for access.

d. The Bidder Inquiry Key is: 4J75A6-V4YF6Q

e. Prior to submitting questions or RFIs, prospective Bidders are encouraged to thoroughly review the Solicitation and all attachments (i.e. specifications and drawings) and the Bidder Inquiry Module to confirm other prospective Bidders have not previously submitted the same question or RFI, in order to avoid repeat inquiries.

f. For specification questions, select “Specifications,” then list the Section, Paragraph and Page Number to correspond to your inquiry. For Plans questions, select “Plans” and list the sheet and detail number for the inquiry.

g. ProjNet Access Instructions:

(1) Go to the website: https://www.projnet.org/projnet/.

(2) At the home page, select USACE for the “Managing Agency” field.

(3) At the home page, enter your email address under the “EMAIL” field (do not enter a password in the “Regular Accounts” Section).

(4) At the home page, enter the Bidder Inquiry Key under the “KEY ACCESS” field.

(5) Read and check “I agree to the privacy & security notice.”

(6) Press Sign-in button.

(7) A page will open requesting user account information and will ask you to create a new account (if you don’t have an existing account in the system). Enter all data fields required for account creation. When you log back in, you will need to answer your security question.

(8) Press “add user” to continue.

(9) Upon completion of account creation, you will have access to the ProjNet system and project page.

(10) Review and submit questions regarding this project. The user who submits a question will receive an automated email notification that their question has been received. All questions can be viewed from this program.

(11) For specific Step-by-Step for POSTING YOUR INQUIRIES, see the Reference link in the Contract Viewer.

(12) For questions about ProjNet, please contact the Call Center help desk toll free number at 1-800-428-HELP, which operates from 8 am to 5 pm (U.S. Central Time Zone). Questions can be emailed to the helpdesk at staff@rcesupport.com.

h. The Government reserves the right to answer questions after this deadline, but is not obligated to provide a response to late questions. The Government will respond to inquiries in ProjNet. Government responses to inquiries are intended to provide clarity and may or may not result in an amendment to the solicitation. All revisions to the specifications and/or drawings will be specified noted and incorporated into the solicitation via an amendment. Any information given a prospective Bidder concerning a solicitation will be furnished promptly to all other prospective Bidders as an amendment to the solicitation, if that information is necessary in submitting bids or if the lack of it would be prejudicial to other prospective Bidders.

8. BID GUARANTEES.

a. ACCEPTABLE SURETIES. Notwithstanding the statement contained in paragraph (b) of the clause, FAR 52.228-15, Performance and Payment Bonds – Construction, concerning the acceptable corporate sureties appearing on the Treasury Department Circular 570, a corporate surety that has received official approval to execute Bid Bonds (Standard Form 24) and Performance Bonds (Standard Form 25) on United States Forces Japan construction projects from the Ministry of Finance, Government of Japan will be considered an acceptable surety. Banks are not acceptable sureties; Bid Bonds and Performance Bonds executed by banks will be rejected.

b. Notwithstanding the statement contained in paragraph (b) of clause FAR 52.228-1, Bid Guarantee, the Bid Guarantee must be supported by good and sufficient corporate surety or sureties acceptable to the Government.

c. Notwithstanding the statement contained in paragraph (d) of clause FAR 52.228-15, Performance and Payment Bonds – Construction, the performance bond must be supported by good and sufficient corporate surety or sureties acceptable to the Government.

9. SIGNATURE OF BIDS. Bid must be signed by an officer of the company or an individual who is authorized to sign bids for and on behalf of the company. An individual, other than an officer of the company, who signs a bid must submit evidence of his authority to sign such bid.

This evidence must accompany the bid. Failure to comply with this requirement may be cause for rejection of the bid.

10. JOINT VENTURE. In the event the offeror is a joint venture, the offer must be signed by an authorized representative of each participant in the joint venture. The joint venture as an entity shall also have an active System for Award Management registration – See FAR 52.204-7 System for Award Management. Failure to comply with this requirement may be cause for rejection of the offer.

11. BIDDER ELIGIBILITY. This contract will be performed in its entirety in the country of Japan and is intended only for local sources (See Federal Acquisition Regulation 5.202(a)(12)).

Only local sources will be considered under this solicitation. Local sources are sources (e.g.

corporations, partnerships, or Joint Ventures [For a Joint Venture, the Joint Venture as an independent entity must satisfy the local source requirements or, in the alternative, each member of the Joint Venture must individually satisfy the local source requirements]) that are physically located in Japan and authorized (i.e. licensed and registered) to perform in Japan, the type of construction work specific in this solicitation. Specifically, a prospective offeror must be duly authorized to operate and conduct business in Japan and must fully comply with all applicable laws, decrees, labor standards, and regulations of Japan during the performance of the resulting contracts. In addition, prior to award of the contracts, offerors must be registered with the Government of Japan to do construction work in Japan and possess necessary construction licenses and permits to perform work required under this solicitation. The U.S. Government will not offer “United States Official Contractor” status under Article XIV of the US-Japan Status of Forces Agreement (SOFA) to U.S. contractors normally resident in the United States; nor will the U.S. Government certify employees of such contractors as “Members of the Civilian Component” under Article I(b) of the SOFA.

12. JAPANESE CONSUMPTION TAX. By virtue of Article XII of the Status of Forces Agreement (SOFA), materials, supplies, equipment and services procured for official purposes in Japan by the United States armed forces, or its authorized procurement agencies are EXEMPT from various Japanese Taxes, including Consumption Tax. The exemption from the Japanese Consumption Tax applies not only to Japanese prime contractors, but also to Japanese subcontractors or suppliers at every level regardless of the nationality of the prime contractor whether a Japanese or a Foreign firm. The instruments listed hereinafter have been agreed to by both governments of Japan and the U.S. as "Proof of Purchase by U.S. Forces in Japan.”

Standard Form 1034 Public Voucher for Purchases and Services other than Personal

DD Form 1155 Order for Supplies or Services

Standard Form 44 Purchase Order-Invoice-Voucher

ENG Form 93 Payment Estimate

Therefore, Japanese Consumption Tax shall NOT be included in your bid, proposal or quote.

13. AMENDMENTS PRIOR TO THE CLOSING DATE SET FOR OPENING OF BIDS.

The right is reserved, as the interest of the Government may require, to revise or amend the specifications or drawings or both prior to the date set for opening of bids. Such revisions and amendments, if any, will be announced by an amendment or amendments to this invitation for bids. If the revisions and amendments are of a nature which requires material changes in quantities or prices of bid or both, the date set for opening of bids may be postponed by such number of days as in the opinion of the issuing officer will enable bidders to revise their bids. In such cases, the amendment will include an announcement of the new date for opening bids.

14. Original Bid Bond. For bidders using a Bid Bond from a Japanese corporate surety that has received official approval to execute Bid Bonds (Standard Form (SF) 24) on United States Forces Japan construction projects from the Government of Japan, the original SF 24 must be received at the office identified in Block 8 of the SF 1442 by the time and date set for receipt of bids established in the solicitation. For bidders using a Bid Bond from a corporate surety appearing on the Treasury Department Circular 570, in accordance with Class Deviation DARS Tracking No. 2020-O0016, the original SF 24 is not required and the Bid Bond shall be submitted via the electronic bid submission procedures set forth above.

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.214-3 Amendments To Invitations For Bids DEC 2016 52.214-4 False Statements In Bids APR 1984 52.214-5 Submission Of Bids DEC 2016 52.214-6 Explanation To Prospective Bidders APR 1984 52.214-7 Late Submissions, Modifications, and Withdrawals of Bids

NOV 1999

52.214-18 Preparation of Bids-Construction APR 1984 52.214-19 Contract Award-Sealed Bidding-Construction AUG 1996 252.204-7008 Compliance With Safeguarding Covered Defense

Information Controls

OCT 2016

252.215-7008 Only One Offer JUL 2019

CLAUSES INCORPORATED BY FULL TEXT

52.211-2 AVAILABILITY OF SPECIFICATIONS, STANDARDS, AND DATA ITEM

DESCRIPTIONS LISTED IN THE ACQUISITION STREAMLINING AND

STANDARDIZATION INFORMATION SYSTEM (ASSIST) (APR 2014)

(a) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(1) ASSIST (https://assist.dla.mil/online/start/);

(2) Quick Search (http://quicksearch.dla.mil/);

(3) ASSISTdocs.com (http://assistdocs.com).

(b) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--

(1) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

(2) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST;

or

(3) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

(End of provision)

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a firm fixed-price construction contract resulting from this solicitation.

52.228-1 BID GUARANTEE (SEP 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds, (1) to unsuccessful bidders as soon as practicable after the opening of bids, and (2) to the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.-

(c) The amount of the bid guarantee shall be 20 percent of the bid price or ¥300,000,000, whichever is less.-

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.-

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from

CONTRACTING DIVISION - CONTRACTING OFFICER

U.S. Army Corps of Engineers, Japan District Camp Zama - Bldg 250, Room 147 Zama-City, Kanagawa 252-8511 Japan

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) – ALTERNATE I (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 are urged and expected to inspect the site where the work will be performed.

(b) An organized virtual pre-proposal conference and in-person site visit has been scheduled for—

1. Virtual Pre-proposal Conference Date and Time:

The U.S. Army Corps of Engineers, Japan District (POJ) will hold a virtual telephonic pre-proposal conference on Thursday, March 11, 2021 at 2:00 P.M. Japan Standard Time (JST).

Those who wish to attend shall send a notification by March 5, 2021 to the POCs identified in paragraph 3 below with a list of names that will call into this virtual telephonic pre-proposal conference. Upon receipt of the notification, instructions and the call-in number will be provided.

2. In-Person Site Visit Date and Time:

An organized in-person site visit will be held on Friday, March 12, 2021 at 7:30 A.M. Japan Standard Time (JST). Those who wish to attend shall send a notification by March 5, 2021 to the POCs identified in paragraph 3 below with a list of names and location attendees will be coming from a “Red Zone” (Map located at https://www.mcasiwakuni.marines.mil/COVID-19- Orders_FAQ/). All attendees shall wear a face mask. In addition, all attendees will be required to fill out the risk assessment screening for COVID. If any questions are answered, “YES”, attendees will need to fill out the ETP_Template. Please provide the risk assessment screening and ETP_Template with your notification request.

Location of Meeting:

Bldg 410, Marine Corps Air Station ~ Iwakuni, Japan Note: Those that require base access shall meet the Government POC (Mr. Jacob Neubert, Tel# 080-1258-0709) at 07:00 am at the MCAS, Iwakuni North Gate Pass and ID Office.

Marine Corps Air Station, Iwakuni access is required. If the prospective offeror requires a day base access pass (personnel and/or vehicle), the offeror shall fill out the “One-Day Official Entry-Exit Request” form and provide to the Government POCs, no later than the date in paragraph 3. Request shall also include a copy (front and back) of the individual’s photo identification (ID). On the day of the site visit, pre-approved personnel shall require a photo ID to enter the base.

For vehicle base access, provide a copy of the vehicle registration and proof of insurance (JCI) by the date specified.

3. Notification. Offerors interested in attending the pre-proposal conference and/or site visit shall email the below Government POCs:

Resident Engineer Mr. Darren Cannon Email: Darren.L.Cannon.civ@usace.army.mil

Contracting Officer Representative (COR) Mr. Jacob Neubert

Email: Jacob.C.Neubert.civ@usace.army.mil

Mr. Daniel Uhl Email: Daniel.S.Uhl.civ@usace.army.mil

Contract Specialist:

Mr. Jiro Miyairi Email: Jiro.Miyairi.ln@usace.army.mil

Contracting Officer:

Ms. Tristin Suetsugu Email: Tristin.N.Suetsugu.civ@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/

Section 00 45 00

Section 00 45 00 - Representations and Certifications

1. CORPORATE CERTIFICATE. In accordance with FAR 4.102(c), the offeror, if a corporation, is requested to complete and submit the following certificate, unless a Contractor Application previously submitted to USACE – Japan District clearly authorizes the officer signing the offer to sign offers on behalf of the corporation. A joint venture will require a submittal of this certificate from both parties involved.

CORPORATE CERTIFICATE

The Offeror, if a corporation, shall have this certificate executed under its corporate seal, provided that the same officer of the corporation shall not execute both the offer and this certificate. [0000-4503]

I, ___________________________________________________________, certify that I am the ____________________________________________ of the corporation named as Offeror herein; that ____________________________________________________________, who signed the offer on behalf of the Offeror, was then _____________________________________ of said corporation; and that said offer was duly signed for and in behalf of said corporation by authority of its governing body, and is within the scope of its corporate powers.

(CORPORATE SEAL) __________________________________ (PERSONAL SEAL)

(Signature)

CLAUSES INCORPORATED BY REFERENCE

52.204-16 Commercial and Government Entity Code

Reporting

AUG 2020

52.204-19 Incorporation by Reference of Representations and Certifications.

DEC 2014

52.222-56 Certification Regarding Trafficking in Persons Compliance Plan.

OCT 2020

252.203-7005 Representation Relating to Compensation of Former DoD Officials

NOV 2011

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements

NOV 2020

252.239-7098 (Dev)

Prohibition on Contracting to Maintain or Establish a Computer Network Unless Such Network is Designed to Block Access to Certain Websites - Representation. (Deviation 2021-O0003)

APR 2021

CLAUSES INCORPORATED BY FULL TEXT

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2020)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 236220.

(2) The small business size standard is not applicable.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(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 will be performed in the United States or its outlying areas.

(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 will be performed in the United States or its outlying areas.

(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 items.

(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 $83,099, the provision with its Alternate II applies.

(D) If the acquisition value is $83,099 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.]

(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 (AUG 2020)

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 the provision at 52.204-26, Covered Telecommunications Equipment or Services--Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items.

(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.

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

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

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means--

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in--

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).

52.229-11 TAX ON CERTAIN FOREIGN PROCUREMENTS--NOTICE AND

REPRESENTATION (JUN

2020)

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

Foreign person means any person other than a United States person.

Specified Federal procurement payment means any payment made pursuant to a contract with a foreign contracting party that is for goods, manufactured or produced, or services provided in a foreign country that is not a party to an international procurement agreement with the United States. For purposes of the prior sentence, a foreign country does not include an outlying area.

United States person as defined in 26 U.S.C. 7701(a)(30) means--

(1) A citizen or resident of the United States;

(2) A domestic partnership;

(3) A domestic corporation;

(4) Any estate (other than a foreign estate, within the meaning of 26 U.S.C. 701(a)(31)); and

(5) Any trust if--

(i) A court within the United States is able to exercise primary supervision over the administration of the trust; and

(ii) One or more United States persons have the authority to control all substantial decisions of the trust.

(b) Unless exempted, there is a 2 percent tax of the amount of a specified Federal procurement payment on any foreign person receiving such payment. See 26 U.S.C. 5000C and its implementing regulations at 26 CFR 1.5000C-1 through 1.5000C-7.

(c) Exemptions from withholding under this provision are described at 26 CFR 1.5000C-1(d)(5) through (7). The Offeror would claim an exemption from the withholding by using the Department of the Treasury Internal Revenue Service Form W-14, Certificate of Foreign Contracting Party Receiving Federal Procurement Payments, available via the internet at www.irs.gov/w14. Any exemption claimed and self-certified on the IRS Form W-14 is subject to audit by the IRS. Any disputes regarding the imposition and collection of the 26 U.S.C. 5000C tax are adjudicated by the IRS as the 26 U.S.C. 5000C tax is a tax matter, not a contract issue.

The IRS Form W-14 is provided to the acquiring agency rather than to the IRS.

(d) For purposes of withholding under 26 U.S.C. 5000C, the Offeror represents that--

(1) It [_]is [_]is not a foreign person; and

(2) If the Offeror indicates ``is'' in paragraph (d)(1) of this provision, then the Offeror represents that--I am claiming on the IRS Form W-14 [__] a full exemption, or [__] partial or no exemption [Offeror shall select one] from the excise tax.

(e) If the Offeror represents it is a foreign person in paragraph (d)(1) of this provision, then--

(1) The clause at FAR 52.229-12, Tax on Certain Foreign Procurements, will be included in any resulting contract; and

(2) The Offeror shall submit with its offer the IRS Form W-14. If the IRS Form W-14 is not submitted with the offer, exemptions will not be applied to any resulting contract and the Government will withhold a full 2 percent of each payment.

(f) If the Offeror selects ``is'' in paragraph (d)(1) and ``partial or no exemption'' in paragraph (d)(2) of this provision, the Offeror will be subject to withholding in accordance with the clause at FAR 52.229-12, Tax on Certain Foreign Procurements, in any resulting contract.

(g) A taxpayer may, for a fee, seek advice from the Internal Revenue Service (IRS) as to the proper tax treatment of a transaction. This is called a private letter ruling. Also, the IRS may publish a revenue ruling, which is an official interpretation by the IRS of the Internal Revenue Code, related statutes, tax treaties, and regulations. A revenue ruling is the conclusion of the IRS on how the law is applied to a specific set of facts. For questions relating to the interpretation of the IRS regulations go to https://www.irs.gov/help/tax-law-questions.

252.204-7007 ALTERNATE A, ANNUAL REPRESENTATIONS AND CERTIFICATIONS

(APR 2020)

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…