W912HZ21R0007.pdf

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W912HZ21R0007 14-Jan-2021

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12:00 PM 05 Feb 2021

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a. NAME

AMANDA M ANDREWS

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25. ACCOUNTING AND APPROPRIATION DATA

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% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

ERDC CONTRACTING OFFICE

3909 HALLS FERRY ROAD

VICKSBURG MS 39180-6199

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DPAS (15 CFR 700)

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14. METHOD OF SOLICITATION

RFQ IFB RFPX

FAX:

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VETERAN-OWNED

SMALL BUSINESS

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HUBZONE SMALL

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SIZE STANDARD:

$16,500,000

NAICS:

541620

X

OFFER DATED

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SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

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ITEM NO.

W912HZ21R0007

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Task 1

FFP

Technical Review FOB: Destination

PSC CD: AH12

NET AMT

0002 1 Job Task 2

FFP

Identification and Inventory of Historical USACE Planning Studies with NI, NBS, and/or EWN

0003 1 Job Task 3

FFP

Selection of USACE Planning Studies or Future Analysis and Evaluation

0004 1 Job Task 4

FFP

Review and Evaluation of Completed USACE Planning Studies

0005 1 Job Task 5

FFP

Quantitative Analysis of Benefits for Projects with NI, NBS, and/or EWN

0006 1 Job Task 6

FFP

EWN Technical Review Summit

0007 1 Job Task 7

FFP

Facilitate ERDC Project Development Team (PDT) monthly meetings

PWS

Performance Work Statement (PWS) Review and Analysis of Completed USACE Planning Studies to Advance the Prioritization and Selection of Alternative Designs that Feature Natural Infrastructure and Engineering With Nature® Projects

1. Background The U.S. Army Corps of Engineers’ Engineering With Nature® initiative has been advancing science, planning, engineering, and operational practice supporting infrastructure development since 2010. Accelerating progress and delivery of infrastructure projects will involve the coordinated development of new science and engineering methods as well as policies and procedures for implementing those methods in the form of new and enhanced infrastructure projects for navigation, flood risk management, water operations, and ecosystem restoration.

The U.S. Army Engineer Research and Development Center (ERDC) intends to establish a work effort that evaluates US Army Corps of Engineers’ (USACE) Planning Studies to ascertain what novel approaches to current evaluation techniques should be considered in order to prioritize project alternatives that include natural infrastructure (NI), Nature-based solutions (NBS) and/or Engineering With Nature® (EWN) strategies.

Presently, USACE policies and guidelines for conducting planning studies limit what can be considered and/or evaluated with respect to benefits derived from proposed navigation and flood risk reduction studies. For example, project alternatives that include NI features are frequently unable to produce a favorable benefits/cost analysis (BCA) during the analysis of alternatives because environmental and social benefits, which can be directly attributed to the feature, are typically excluded from consideration.

With this exclusion in the BCA and other inherent biases that prioritize conventional infrastructure alternatives, NI alternatives are rarely identified by the USACE as the selected plan.

The research defined in this PWS will identify ways to improve and justify methods for conducting a USACE Planning Study that creates equitable consideration for NI and EWN alternatives. Specifically, an evaluation and analysis of completed studies will offer insight into the various parameters considered during a planning study, factors that influence decision making during the planning process, and the metrics that produce selected plans that typically exclude NI and EWN solutions. From this analysis, innovative strategies and novel steps/approaches to planning studies will be postulated and tested against historical methodologies and practices. When favorable results are observed, those outcomes will be archived and subsequently integrated into future guidance. In doing so, NI and EWN strategies will gain equitable standing when considering project alternatives for USACE navigation and flood-risk reduction studies.

This performance work statement outlines tasks and deliverables associated with reviewing, analyzing, synthesizing and communicating experience with developing nature-based solutions within the United States and elsewhere.

2. Contractor Personnel, Disciplines, and Specialties The contractor shall accomplish the assigned work by employing and utilizing qualified personnel with appropriate combinations of education, training, and experience. This work shall be executed by a contractor with the following qualifications: 1) understanding of policy, planning, science, and engineering related to the development of water infrastructure projects, specifically USACE projects; 2) act as an independent, non-profit scientific research and planning organization; 3) experienced with engaging a diversity of organizations and stakeholders engaged in the development of water infrastructure projects; 4) drawing from regional, national, and international perspectives on nature-based solutions; and 5) experienced in managing projects that integrate input across disciplines and organizations.

It is envisioned that this work will be performed by a team of 10-12 project managers, scientist, and engineers with knowledge in a broad array of disciplines including, but not limited to: policy, planning, ecology, geology, hydrology, ecological and hydraulic modeling, project management and as it relates to nature-based solution development and natural infrastructure.

3. Task Descriptions

Task 3.1 –Technical Review

The Contractor shall identify, review and analyze existing technical documents relevant to NI, NBS, and EWN at the federal, state and local levels within the US and pertinent examples from other countries. Additionally, the contractor shall also evaluate literature and policy documents that describe and/or define current requirements for conducting USACE Planning Studies and the associated evaluation of alternative project designs for navigation and flood-risk reduction studies. Collectively, the review of these documents will identify the evolution of these policies and procedures over time as well as existing gaps relevant to rapidly developing technical practice as well as obstacles to further implementation of nature-base solutions. Moreover, data and information derived from this task will be analyzed to better understand the predominant factors that are promoting deference for selected plans that exclude NI, NBS and EWN alternatives.

Deliverables: A report that: (1) outlines how EWN principles have been historically treated in law and regulation; (2) describes the evolution of applicable policies and procedures relevant to the rapidly developing technical practice pertaining to implementation of NI, NBS and/or EWN; (3) analyzes and succinctly documents successful international program integration of EWN principles in BCA-like processes (e.g., UK, Netherlands, New Zealand); (4) identifies predominant factors, specific to USACE Planning Studies, that promote deference for selected plans that exclude NI, NBS, and EWN alternatives, and provides a detailed rationale for why each of the identified factors are important; (5) documents perceived gaps and obstacles to further implementation of NI, NBS and/or EWN; (6) includes contractor’s overarching as well as specific comments and assumptions resulting from this analysis; and (7) conclusions resulting from cumulative efforts associated with Task 3.1.

The interim draft report shall be delivered to the ERDC technical representative (TR) for review and comment. Within 30 days of receipt, the ERDC TR shall review the report and provide the contractor with recommended edits and revisions. Within 30 days of receiving the edited draft report from the ERDC TR, the Contractor shall make suggested revisions and submit final report to ERDC. Reports shall be in peer-review publication format and results shall pass peer-review scrutiny.

Estimated Level of Effort: 380-420 hours

Task 3.2: Identification and Inventory of Historical USACE Planning Studies with NI, NBS and/or EWN.

The contractor shall use best available methods to identify and inventory USACE Planning Studies, which occurred over the last 10-15 years. Appropriate USACE Planning Studies should have resulted in completion of a USACE “Chief’s Report”.

Deliverables: A project inventory report that: (1) offers overview of steps taken to identify projects; (2) details concerning approach to project selection and review of Chief’s Report and other supporting documents; (3) includes detailed tables that clearly identifies each project and includes the following information for each: project descriptions; geographical location; project purpose/need; type of NI, NBS or EWN considered; date Chief’s Report issued; cost associated with planning study; and results of BCA; (4) includes contractor’s overarching as well as specific comments and assumptions resulting from Task 3.2; and (5) offers conclusions resulting from cumulative efforts associated with Task 3.2.

The interim draft report shall be delivered to the ERDC technical representative (TR) for review and comment. Within 30 days of receipt, the ERDC TR shall review the report and provide the contractor with recommended edits and revisions. Within 30 days of receiving the edited draft report from the ERDC TR, the Contractor shall make suggested revisions and submit final report to ERDC.

Estimated Level of Effort: 380-420 hours

Task 3.3: Selection of USACE Planning Studies for Future Analysis and Evaluation

The contractor shall use best available methods for identifying 6 possible USACE Planning Studies for additional analysis and evaluation. Prior to start of the additional analysis, the contractor shall seek concurrence from the appropriate USACE TR representative that a specific USACE Planning Study (and associated Chief’s Report) merits review and evaluation. To aide in the selection process, the report generated in Task 3.2 will be used by the ERDC TR and Contractor to inform the selection process.

In addition, the Contractor shall also prepare a 1-page document for each nominated USACE Planning Study, which describes the study and justifies its overall value to this research effort. This 1-page document shall be prepared by the Contractor and presented to the ERDC TR for review. In turn, the ERDC TR shall accept or decline use of the proposed USACE Planning Study as part of this research effort. This process shall continue until the USACE TR has approved 6 total studies for use in this research effort.

Deliverables: One page documents for each USACE Planning Study, which is nominated by the Contractor, for consideration in subsequent tasks of this research effort. There will be at least 6 navigation studies and/or flood risk reduction studies accepted by the ERDC technical representative for further review and evaluation for Task 3.3

Estimated Level of Effort: 360-400 hours

Task 3.4. Review and Evaluation of Completed USACE Planning Studies.

The Contractor shall conduct a review and evaluation of the 6 completed USACE Planning Studies (with Chief’s Reports) identified in Task 3.3. The contractor will consider and dissect all pertinent information attributed to the identification of various alternatives considered in the study. Factors in the study that preferentially prioritized conventional infrastructure and/or subjugated NI, NBS and/or EWN will be documented for future analysis. Those factors may include, but are not limited to: study metrics, resource/asset valuations, approaches BCA calculations, considerations of four Principles and Guidelines (P&G) accounts (e.g, National Economic Development (NED), Regional Economic Development (RED), Other Social Effects (OSE), and Environmental Quality (EQ)) and/or other considerations that were ultimately attributed to identification of the selected plan will also be documented for future analysis. In addition, the Contractor shall carefully examine the USACE Planning Studies (and associated Chief’s Report) to ascertain if all benefits associated with the proposed project were considered. Special attention will be given to examining the quantification of economic benefits without appropriate consideration of environmental and social benefits.

The review and evaluation of each USACE planning study will first be conducted independently to capture best available information and observations that are unique to a particular study. However, upon completion of the independent analysis for each planning studies, the contractor shall compare/contrast findings across all studies to identify trends, patterns, and/or common justification techniques that negated the selection of NI, NBS, and EWN.

Deliverable: A project report that: (1) offers overview of steps taken to review and analyze the planning studies; (2) details concerning the various alternatives that were proposed for each of the planning studies with specific attention placed on considerations concerning NI, NBS and EWN; (3) details descriptions and reporting of information in the Planning Studies (Chief’s Reports) concerning resource/asset valuations, approaches BCA calculations, considerations of four Principles and Guidelines (P&G) accounts (e.g, National Economic Development (NED), Regional Economic Development (RED), Other Social Effects (OSE), and Environmental Quality (EQ)) analysis as part of the overall study; (4) includes Contractor’s results from examination of all studies that determines if all benefits in each study (e.g., economic, environmental, social) were considered and quantified; and (5) includes contractor’s overarching as well as specific comments and assumptions resulting from Task 3.4;

and (6) offers conclusions resulting from cumulative efforts associated with Task 3.4.

The interim draft report shall be delivered to the ERDC technical representative (TR) for review and comment. Within 30 days of receipt, the ERDC TR shall review the report and provide the contractor with recommended edits and revisions. Within 30 days of receiving the edited draft report from the ERDC TR, the Contractor shall make

Estimated Level of Effort: 500-560 hours

Task 3.5: Quantitative Analysis of Benefits for Projects with NI, NBS, and/or

EWN.

Upon completion of Task 3.4, the Contractor will re-analyze each of the 6 USACE Planning Studies. In Step 1 of the analysis, the Contractor consider all economic, environmental, and social benefits using the most up-to-date tools and methods in accordance with the most current guidance including the updated Principles, Requirements and Guidelines (PR&G). In Step 2, the Contractor will take the results from the first step and develop an updated/improved BCA for each of the Planning Studies (i.e., an updated Chief’s Report step using the new values). In Step 3, the Contractor shall take the re-analyzed projects results within each of the Planning Studies being considered and proceed through the Office of Management and Budget (OMB) process to determine a final score.

Deliverables: A project report that: (1) offers details on methods used to reconstruct the benefits analysis, which uses the most currently available guidance, from the existing studies; (2) provides results of the Step 1 analysis and explanation of same;

(3) offers details on methods used to develop an updated BCA for each of the Planning Studies; (4) provides the results of the Step 2 analysis and explanation of same; (5) offers details on methods used to take results from Step 2 and proceed with OMB process to generate a final score for each study; (6) provides the results and explanation of same from the Step 3 analysis; (7) includes contractor’s overarching as well as specific comments and assumptions resulting from Task 3.5; (8) offers conclusions resulting from cumulative efforts associated with Task 3.5; and (9) include recommendations on improving federal practice to better consider economic, environmental, and social benefits. As part of these recommendations, that Contractor shall also include specific recommendations for what changes in the approach to USACE Planning Studies and associated process should be made.

The interim draft report shall be delivered to the ERDC technical representative (TR) for review and comment. Within 30 days of receipt, the ERDC TR shall review the report and provide the contractor with recommended edits and revisions. Within 30 days of receiving the edited draft report from the ERDC TR, the Contractor shall make

Estimated Level of Effort: 500-560 hours

Task 3.6 EWN Technical Review Summit The Contractor shall organize a summit related to EWN project development and implementation. The Contractor shall identify potential participants as well as host, and facilitate the summit. A communication plan shall be developed to report new results, scope new project components (such as work identified in quantitative analyses), gain new feedback, and organize new concepts for incorporation into a report that will include components that are suitable for peer-reviewed publication.

The interim draft report shall be delivered to the ERDC technical representative (TR) for review and comment. Within 30 days of receipt, the ERDC TR shall review the report and provide the contractor with recommended edits and revisions. Within 30 days of receiving the edited draft report from the ERDC TR, the Contractor shall make suggested revisions and submit final report to ERDC.

Deliverables: Proposed dialogue participant list, agenda, meeting minutes, meeting location (virtual or in-person) for initial and/or subsequent meetings, and communication plan

Estimated Level of Effort: 170-200 hours

Task 3.7 Facilitate ERDC Project Development Team (PDT) monthly meetings.

The Contractor shall organize and facilitate PDT monthly meetings (12). The meetings will be organized through a series of engagements across public and private sector organizations. The Contractor shall identify potential participants as well as host, and facilitate meetings. The Contractor shall develop agendas, maintain and distribute meeting minutes, and coordinate guest speakers as part of this task. During the meetings, the Contractor shall provide updates reviews, analyses, and activities from other contract tasks. Revisions to agendas may be implemented after feedback from

ERDC TR.

Deliverables: Agendas, meeting minutes, updates on task progress.

Estimated Level of Effort: 65-80 hours

Period of Performance: These tasks shall be performed 1 year after award

4. Security Requirements

Access and General Protection/Security Policy and Procedures:

All contractor and all associated sub-contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks to meet installation/facility access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any installation or facility change, the Government may require changes in contractor security matters or processes.

For contractors who do not require CAC, but require access to a DoD facility or installation:

Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05 / AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative, as NCIC and TSDB are available), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

Pre-screen candidates using E-Verify Program:

The Contractor must pre-screen Candidates using the E-verify Program (http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements. The Vendor must ensure that the Candidate has two valid forms of Government issued identification prior to enrollment to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible Candidates must be provided to the COR no later than 3 business days after the initial contract award.

*When contracts are with individuals, the individuals will be required to complete a Form I-9, Employment Eligibility Verification, with the designated Government representative.

This Form will be provided to the Contracting Officer and shall become part of the official contract file.

5. Performance Requirements Summary Statements Standards/AQLs Task 3.1 - Technical Review

Standard:

The contractor shall conduct a document and literature review relevant to NI, NBS, and EWN that define USACE Planning Studies.

Acceptable Quality Level:

Deliverables shall be accurate and thorough.

Delays should be reported as soon as possible.

Customer satisfaction 95% of the time.

Task 3.2: Identification and Inventory of Historical USACE Planning Studies with NI, NBS and/or EWN

Standard:

The contractor shall submit an interim and final report.

Revisions to interim report may be implemented after feedback from

ERDC TR.

Acceptable Quality Level Deliverables shall be accurate and thorough.

Delays should be reported as soon as possible.

Customer satisfaction 95% of the time.

Task 3.3: Selection of USACE Planning Studies for Future Analysis and Evaluation

Standard:

The contractor shall submit 6 one-page Planning Studies for further evaluation.

Revisions to may be implemented after feedback from ERDC TR.

Acceptable Quality Level Deliverables shall be accurate and thorough.

Delays should be reported as soon as possible.

Customer satisfaction 95% of the time.

Task 3.4. Review and Evaluation of Completed USACE Planning Studies

Standard:

The contractor shall submit an interim and final report.

Revisions to interim report may be implemented after feedback from

ERDC TR.

Acceptable Quality Level Deliverables shall be accurate and thorough.

Delays should be reported as soon as possible.

Customer satisfaction 95% of the time.

Task 3.5: Quantitative Analysis of Benefits for Projects with NI, NBS, and/or EWN

Standard:

The contractor shall submit an interim and final report.

Revisions to interim report may be implemented after feedback from

ERDC TR.

Acceptable Quality Level Deliverables shall be accurate and thorough.

Delays should be reported as soon as possible.

Customer satisfaction 95% of the time.

Task 3.6 EWN Technical Review Summit

Standard:

The contractor shall develop a summit attendee list, host, and facilitate meetings as indicated, and submit a technical report.

Revisions to agendas and reports may be implemented after feedback from ERDC TR.

Acceptable Quality Level Deliverables shall be accurate and thorough.

Delays should be reported as soon as possible.

Customer satisfaction 95% of the time.

Task 3.7 Facilitate ERDC Project Development Team (PDT) monthly meetings.

Standard:

The contractor shall organize and facilitate PDT meetings, develop agendas, maintain, prepare and distribute meeting minutes, and provide task updates as indicated.

Revisions to agendas may be implemented after feedback from

ERDC TR.

Acceptable Quality Level Deliverables shall be accurate and thorough.

Delays should be reported as soon as possible.

Customer satisfaction 95% of the time.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government 0005 Destination Government Destination Government 0006 Destination Government Destination Government 0007 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

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

0002 N/A N/A N/A N/A

0003 N/A N/A N/A N/A

0004 N/A N/A N/A N/A

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

0006 N/A N/A N/A N/A

0007 N/A N/A N/A N/A

CLAUSES INCORPORATED BY REFERENCE

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber

Content Paper

MAY 2011

52.204-13 System for Award Management Maintenance OCT 2018 52.204-24 Representation Regarding Certain Telecommunications and

Video Surveillance Services or Equipment.

AUG 2020

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

AUG 2020

52.212-1 Instructions to Offerors--Commercial Items JUN 2020 52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.219-4 Notice of Price Evaluation Preference for HUBZone Small

Business Concerns

MAR 2020

52.223-6 Drug-Free Workplace MAY 2001 52.223-9 Estimate of Percentage of Recovered Material Content for

EPA-Designated Items

MAY 2008

52.223-10 Waste Reduction Program MAY 2011 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7006 Wide Area WorkFlow Payment Instructions DEC 2018 252.232-7010 Levies on Contract Payments DEC 2006

CLAUSES INCORPORATED BY FULL TEXT

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (DEC

2019)

(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.

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

(c) Representation. The Offeror represents that it [ ___ ] does, [ ___ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(End of provision)

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

(i) technical capability

(ii) past performance

(iii) price

The Technical factor is significantly more important than the Past Performance factor and Price factor. Within the Technical factor, all subfactors are of equal importance. Past Performance is more important than Price. All of the non-price factors, when combined, are significantly more important than price. To be considered for award, the Offeror must be determined to be acceptable in all areas. A deficiency in any of the areas could constitute a basis for rejection of a proposal.

(b) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS--COMMERCIAL ITEMS (OCT 2020)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

____ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509).

____ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-

282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div.

C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub.

L. 111-117, section 743 of Div. C).

___ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (31 U.S.C. 6101 note).

____ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).

____ (10) [Reserved]

____ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (MAR 2020) (15 U.S.C. 657a).

____ (ii) Alternate I (MAR 2020) of 52.219-3.

____ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

____ (ii) Alternate I (MAR 2020) of 52.219-4.

____ (13) [Reserved]

____ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (MAR 2020) (15 U.S.C. 644).

____ (ii) Alternate I (MAR 2020) of 52.219-6.

____ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (MAR 2020) (15 U.S.C. 644).

____ (ii) Alternate I (MAR 2020) of 52.219-7.

____ (16) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)).

____ (17)(i) 52.219-9, Small Business Subcontracting Plan (JUN 2020) (15 U.S.C. 637(d)(4)).

____ (ii) Alternate I (NOV 2016) of 52.219-9.

____ (iii) Alternate II (NOV 2016) of 52.219-9.

____ (iv) Alternate III (JUN 2020) of 52.219-9.

____ (v) Alternate IV (JUN 2020) of 52.219-9.

____ (18) (i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

____ (ii) Alternate I (MAR 2020) of 52.219-13.

____ (19) 52.219-14, Limitations on Subcontracting (MAR 2020) (15 U.S.C. 637(a)(14)).

____ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (MAR 2020) (15 U.S.C. 657f).

X (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (MAY 2020) (15 U.S.C. 632(a)(2)).

____ (ii) Alternate I (MAR 2020) of 52.219-28.

____ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women- Owned Small Business (EDWOSB) Concerns (MAR 2020) (15 U.S.C. 637(m)).

____ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (MAR 2020) (15 U.S.C. 637(m)).

____ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

____ (26) 52.219-33, Nonmanufacturer Rule (MAR 2020) (15 U.S.C. 637(a)(17)).

X (27) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

X(28) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JAN 2020) (E.O. 13126).

X (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

X (30)(i) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).

____ (ii) Alternate I (FEB 1999) of 52.222-26.

X (31)(i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

____ (ii) Alternate I (JUL 2014) of 52.222-35.

____ (32)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

____ (ii) Alternate I (JUL 2014) of 52.222-36.

X (33) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

____ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O.

13496).

X (35)(i) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O. 13627).

____ (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

____ (36) 52.222-54, Employment Eligibility Verification (OCT 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

____ (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

____ (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

____ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

____ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners

(JUN 2016) (E.O. 13693).

____ (40) (i) 52.223-13, Acquisition of EPEAT® Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

____ (ii) Alternate I (OCT 2015) of 52.223-13.

____ (41)(i) 52.223-14, Acquisition of EPEAT® Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

____ (ii) Alternate I (JUN 2014) of 52.223-14.

____ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).

____ (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

____ (ii) Alternate I (JUN 2014) of 52.223-16.

X (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O.

13513).

____ (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

____ (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).

____ (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

____ (ii) Alternate I (JAN 2017) of 52.224-3.

____ (48) 52.225-1, Buy American--Supplies (MAY 2014) (41 U.S.C. chapter 83).

____ (49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (MAY 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

____ (ii) Alternate I (MAY 2014) of 52.225-3.

____ (iii) Alternate II (MAY 2014) of 52.225-3.

____ (iv) Alternate III (MAY 2014) of 52.225-3.

____ (50) 52.225-5, Trade Agreements (OCT 2019) 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

____ (51) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

____ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

____ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150

____ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C.

5150).

____ (55) 52.229-12, Tax on Certain Foreign Procurements (JUN 2020).

____ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

____ (57) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

X (58) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (OCT 2018) (31 U.S.C.

3332).

____ (59) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).

____ (60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

____ (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

____ (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

____ (63)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C.

Appx. 1241(b) and 10 U.S.C. 2631).

____ (ii) Alternate I (APR 2003) of 52.247-64.

____ (iii) Alternate II (FEB 2006) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)

_____ (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

_____ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

_____ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_____ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

_____ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter 67).

_____ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (MAY 2014) (41 U.S.C. chapter 67).

_____(7) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015) (E.O. 13658).

_____ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

_____ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph

(d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1)in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(vii) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

(viii) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

(x) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xii) 52.222-41, Service Contract Labor Standards (Aug 2018), (41 U.S.C. chapter 67).

(xiii) _____ (A) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O. 13627).

_____ (B) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

(xix) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

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/content/regulations

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses 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. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/content/regulations

(End of clause)

PROPOSAL PREP INSTRUCTIONS

Proposals should be emailed to Amanda.Andrews@usace.army.mil by 12:00 PM Central on 5 February 2021.

Overall Arrangement of Proposal –The overall proposal shall consist of three (3) parts in one volume individually titled as stated…