W912HZ23R0032 SOLICITATION.pdf

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until 12:00 PM local time 25 Aug 2023

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22 - 23 H 24 - 27 amanda.m.andrews@usace.army.mil

RATING PAGE OF PAGES

7. ISSUED BY

(Date)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

Previous Edition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97)

Prescribed by GSA FAR (48 CFR) 53.214(c)

1 27

(If other than Item 7)

15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TO

AND

ADDRESS

SIGN OFFER (Type or print)

OF

OFFEROR

AMENDMENT NO. DATE

15B. TELEPHONE NO (Include area code) 17. SIGNATURE15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

18. OFFER DATE

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

2. CONTRACT NO.

W912HZ 8. ADDRESS OFFER TO

See Item 7

9. Sealed offers in original and copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and

VIA EMAIL

conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

AMANDA M ANDREWS 601-634-5249

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

2 - 3

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT

PACKAGING AND MARKING

4 - 9 J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) X M

L INSTRS., CONDS., AND NOTICES TO OFFERORS

EVALUATION FACTORS FOR AWARD

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments

AMENDMENT NO. DATE

to the SOLICITATION for offerors and related documents numbered and dated):

FACILITY

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period

SOLICITATION, OFFER AND AWARD

X

(X) SEC. DESCRIPTION (X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

EMAIL:TEL: (Signature of Contracting Officer)

CODE CODE

B. TELEPHONE (Include area code) C. E-MAIL ADDRESS

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

PART IV - REPRESENTATIONS AND INSTRUCTIONS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

12 - 21

PART II - CONTRACT CLAUSES

ERDC CONTRACTING OFFICE

3909 HALLS FERRY ROAD

VICKSBURG MS 39180-6199

FAX:

TEL:

FAX:

TEL:

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

SOLICITATION

6. REQUISITION/PURCHASE NO.5. DATE ISSUED

13 Aug 2023

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

W912HZ23R0032

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Task 1

FFP

Initial Phase Meetings and Outreach FOB: Destination

PSC CD: R425

NET AMT

0002 1 Job Task 2

FFP

Study Development and Regulatory Compliance fir Initial Phase Field Efforts

0003 1 Job Task 3

FFP

Initial Phase Field Study Deployment and Conceptual Design Development

0004 1 Job Task 4

FFP

Health and Safety and Mission Coordination for Initial Phase

Section C - Descriptions and Specifications

PWS

Performance Work Statement (PWS) Increasing the resilience of USMC resources using nature-based solutions (NBS) at Marine Corps Air Station (MCAS) Beaufort, Marine Corps Base Hawaii (MCBH), and MCAS Cherry Point

1. Background

The US Army Engineer Research and Development Center-Environmental Laboratory (ERDC-EL) leverages the US Army Corps of Engineers’ (USACE) Engineering With Nature® (EWN®) program that supports implementation and assessment of nature-based solutions (NBS) for the purpose of reducing impacts from natural hazards (e.g., coastal storms, floods, desertification, drought, wildfire, etc.). The use of NBS rather than conventional engineered structures, where appropriate, provides a suite of benefits in addition to just engineering function. These additional benefits include carbon sequestration potential, habitat creation, enhanced ecological services, additional resilience for military mission, and increased societal value (e.g, recreation).

Coordinated investment in both built and natural infrastructure are essential to sustain readiness and mission resilience across the U.S. Department of Defense (DoD) in the twenty-first century. For more than 10 years, the USACE EWN® program has been leveraging natural systems to support critical engineering functions while also delivering diverse economic, environmental, and social co-benefits. Progress has been the product of numerous projects, partnerships, technical advancements, and communication investments that are accelerating innovation and delivery of nature-based solutions.

Over the last 5 years, DoD installations have experienced more than $10 billion in damage from natural hazards, such as storms and flooding. The risks produced by natural hazards, climate change, and aging infrastructure systems are increasing, as are the need and demand for innovation and action to create resilient systems. Meeting this need will require new ways of thinking about complex problems, an openness to new solutions, a willingness to change, and a commitment to adaptation.

The Department of the Navy is now prioritizing integration of NBS into their overall strategies of creating greater resilience for their installations. The Department of the Navy’s Climate Action 2030 highlights the value of pursuing nature-based resilience, “Building on Executive Order 14072, Strengthening the Nation’s Forests, Communities and Local Economies, the DON will draw down an additional five million metric tons of CO2e per year through nature-based solutions by 2027, roughly the same as removing one million cars off the road, on DON-managed lands or working with partners. The DON will also deploy nature-based solutions to mitigate shoreline erosion, protect mission-critical assets, and improve natural assets that are key to achieving resilient infrastructure and operations.”

The EWN program is seeking expertise to pursue development of NBS at three installations: Marine Corps Air Station (MCAS) Beaufort, Marine Corps Base Hawaii (MCBH), and MCAS Cherry Point. The Contractor shall pursue opportunities to identify and deploy NBS for the purpose of creating more resilience for US Marine Corps installations and their mission, particularly as climate change poses increasing challenges. The Contractor shall develop NBS project sites at the respective installations (Table 1).

Table 1. US Marine Corps Installations and Associated NBS Projects

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. 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, landscape architecture, ecology, geology, hydrology, ecological and hydrodynamic modeling, and project management as it relates to NBS development and natural infrastructure.

This work shall be executed by a contractor with the following qualifications:

i. Must have demonstrated a minimum of five years’ experience implementing major resilience efforts (i.e.

water, energy, coastal protection) in support of DoD military installation master or natural resource planning.

ii. Must have demonstrated a minimum of three years’ experience with coastal resilience efforts in support of DoD and/or other Federal government agencies (e.g., National Oceanic and Atmospheric Administration [NOAA]).

iii. Must have experience with using sediment in development of NBS designs in coastal systems.

iv. Must have demonstrated a minimum of three years’ DoD, state, or other outside government agency experience with organization, coordination, and planning of large and diverse stakeholder (defined as greater than three organizations outside your company in a single effort) and partnering working groups for the purpose of pursuing development of NBS.

Installation Project(s) Description

Thin-layer placement/living shoreline to improve resilience at fuel pier

Living shoreline at Albergottie Creek

Marine Corps Training Area Bellows - Dune restoration

Puuloaq Range Training Facility - Range/Shoreline restoration

Marine Corps Air Station Cherry Point

Living shoreline and thin layer placement at Piney Island

Marine Corps Air Station Beaufort

Marine Corps Base Hawaii

v. Must have demonstrated a minimum of three years’ experience with development of NBS field study plans (development, scoping, design) and collection of field data and other data such as wind, wave, weather, and current forces that informs decision making tools such as carbon sequestration models, hydrodynamic and sediment transport models, digital elevation models.

vi. Must have demonstrated a minimum of three years’ experience with developing detailed health and safety procedures and associated documentation for diverse data collection, surveying, land planning, and/or natural resource planning associated with field-based activities conducted on a military installation, to include coordination with designation installation points-of-contact (POC) responsible for mission and training operations.

3. Task Descriptions

Task 3.1 – Initial Phase Meetings and Outreach

As part of the initial and ongoing efforts to understand the needs of the installation and stakeholders, outreach and coordination are expected to occur. Stakeholder engagement will be critical to successfully implement the projects shown in Table 1 and develop design plans at the selected sites. Engagement efforts may include on-site or virtual meeting/workshop formats, which will be guided by project complexity and installation needs. Media and articles, landscape renderings, posters and/or short videos may be developed to share information on the data collection and project design process.

1) Kickoff meetings will be held, within 2 months of contract start date, for each project site to understand site-specific constraints. Meetings with base personnel will clarify the role of installation stakeholders that need to be engaged throughout project stages that are critical to the deployment of field studies and to build consensus during development of NBS design plans. Aligning priorities of installation operations and mission readiness with NBS development is expected to be a focus of meeting engagement efforts.

2) Stakeholder engagement shall occur frequently with at least 2 additional stakeholder meetings/workshop occurring per installation within 10 months of contract start date.

Deliverables: Meeting agendas for ERDC EWN POC review before every meeting. Meeting minutes and summary report for each meeting/workshop provided to ERDC EWN POC within 2 weeks of completing meetings/workshops. Monthly progress reports for this task to describe progress made, problems encountered, and resolution.

Task 3. 2 – Study Development and Regulatory Compliance for Initial Phase Field Efforts

In support of subsequent tasks and project development, the Contractor will work with USMC and other stakeholders (as applicable) to develop a field study plan to collect, review, analyze and evaluate desktop and field data/information specific to each USMC project/site(s). This effort should begin with a desktop review of human and natural landscape systems in the vicinity of the project area(s) to understand potential opportunities for, and challenges to, achieving enhanced ecological, mission support, and recreational performance for NBS designs.

Once available desktop data has been collected and analyzed, a field study plan will be developed to collect additional site-specific field data which may include small scale projects meant to simulate NBS alternatives. Once implemented, these small-scale projects can then be evaluated for efficacy, habitat value, mission compatibility, and community acceptance – the field study plan will outline performance metrics and associated measurement methods/techniques.

In addition to the small scale simulated NBS project implementation, the field study plan will outline other field data to be collected including necessary information to populate carbon sequestration models, hydrodynamic and sediment transport models; digital elevations models; calculations to understand wind, wave, weather, and current forces; as well the design and permitting phases of the project. An essential component of this work is also ensuring mission resilience; therefore, the field study plan will include direction for coordinating with installation representatives to collect data necessary to determine and understand the current and potential future missions for each installation is necessary. Identification of restrictions related to security and sensitive military operation areas, and other sensitive environments and cultural resource areas, will also occur.

Where possible, the field study plan will outline techniques related to the collection of data related to indigenous or traditional/local ecological knowledge. This information will provide an additional understanding as to the current ecological/biological conditions within a site as well as potentially provide a longer-term assessment of the dynamic coastal environment which will help focus short- and long-term design objectives related to improving resilience to a changing climate.

This task will also identify and apply for needed permits or regulatory compliance for the initial phase field effort (i.e., permits for sediment sampling, equipment placement, etc.). The Contractor shall be responsible for obtaining any permits that are required for successful project completion.

Deliverables: A field study plan for each installation provided to ERDC EWN POC within 4 months of contract start date. Permit applications submitted within 4 months of contract start date. Monthly progress reports for this task to describe progress made, problems encountered, and resolution.

Task 3.3 – Initial Phase Field Study Deployment and Conceptual Design Development

Once the field study plan is approved for each project site, the field study effort will be implemented to address data gaps identified in the desktop analysis and establish baseline conditions within the project site. This field data will also inform the Basis of Design from which the Contractor’s team of engineers and scientists will develop restoration designs and specifications which will help inform how NBS can be employed at USMC installations.

Following the collection of field data, the Contractor shall develop recommendations for conceptual designs and prepare a Study Report for each individual project site which will provide sufficient baseline data to assist in the development of the NBS design. The report will describe the methods used and data collected under Task 3.3 and will include maps and figures to be used in subsequent tasks. The Government may comment on Report based on previous designs that were generated by the Government. It is not expected that results of the initial phase, small-scale NBS will be available to inform further development of conceptual designs, but instead it is expected that these results will support subsequent design and permitting tasks.

Deliverables: Study report for each installation provided to ERDC EWN POC within 12 months of contract award.

Monthly progress reports for this task to describe progress made, problems encountered, and resolution.

Task 3.4 – Health and Safety and Mission Coordination for Initial Phase

In support of activities noted under Tasks 3.2 and 3.3, the Contractor will develop a detailed program-level health and safety procedures for activities. This includes coordination with mission and training, particularly on range sites to ensure that field activities are completed safely and in conformance with USMC requirements.

Deliverables: Report documenting detailed program-level, health and safety procedures for each installation provided to ERDC EWN POC and installation POCs within 3 months of contract start date. Monthly progress reports for this task to describe progress made, problems encountered, and resolution.

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.

Contractor Company to obtain a Facility Clearance and individual clearances at the appropriate level:

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

Task Number and Statement Standards/AQLs Task 3.1: Initial Phase Meetings and Outreach

Standard: The Contractor shall conduct one kickoff meeting at each of the Marine Corps installations. In addition, Stakeholder engagement shall occur frequently with at least 2 additional stakeholder meetings/workshop occurring per installation either virtually or on-site at an installation. Meeting minutes and summary report for each meeting/workshop provided to ERDC EWN POC within 2 weeks of completing meetings/ workshops.

Acceptable Quality Level: Kickoff meetings with each installation occur within 2 months of contract award. The 2 stakeholder meetings/workshops for each of the 3 installations are completed within 10 months following contract award.

Performance and products meet the standard with few exceptions, resulting in minimal delays.

Delays should be reported as soon as possible. Customer satisfaction 95% of the time.

Task 3.2: Study Development and Regulatory Compliance for Initial Phase Field Efforts

Standard: The Contractor shall complete a field study plan for each of the 3 installations to include the identification and application of needed permits and/or satisfying regulatory compliance for initial field study efforts. Field study plan for each installation provided to ERDC EWN POC within the timeframe specified below.

Acceptable Quality Level: Field study plans for each of the 3 installations are completed and submitted to the EWN Program POC within 4 months of contract award. Necessary permit applications for initial field study efforts are submitted to appropriate regulatory agencies within 4 months of contract award.

Performance and products meet the standard with few exceptions, resulting in minimal delays.

Delays should be reported as soon as possible. Customer satisfaction 95% of the time.

Task 3.3: Initial Phase Field Study Deployment and Conceptual Design Development

Standard: The Contractor shall prepare a study report, which will include project conceptual designs, for each of the individual project sites at each installation. Study report for each installation provided to ERDC EWN POC within the timeframe specified below.

Acceptable Quality Level: Study report shall be completed within 12 months of contract award.

Delays should be reported as soon as possible. Customer satisfaction 95% of the time.

Task 3.4: Health and Safety and Mission Coordination for Initial Phase

Standard: The Contractor shall prepare detailed program-level, health and safety procedures for all activities conducted on each installation to include coordination with mission and training POCs at respective installations. Report documenting detailed program-level, health and safety procedures for each installation provided to ERDC EWN POC and installation POCs within the timeframe specified below.

Acceptable Quality Level: Health and safety procedures for all activities at each installation are reviewed and approved by appropriate installation POCs within 3 months of contract award.

Performance and products meet the standard with few exceptions, resulting in minimal delays.

Delays should be reported as soon as possible. Customer satisfaction 95% of the time.

Section E - Inspection and Acceptance

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

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 28-SEP-2023 TO

27-SEP-2024

N/A PR W2R2 USA ENGR R AND D CTR

JULIE NACHTRIEB

3909 HALLS FERRY RD

VICKSBURG MS 39180-6133

972-436-2215

W81EWF

0002 POP 28-SEP-2023 TO

27-SEP-2024

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 28-SEP-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 28-SEP-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity

MAY 2014

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014 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 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

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

NOV 2021

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

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

MAR 2023

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

DEC 2022

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 52.229-11 Tax on Certain Foreign Procurements--Notice and

Representation

JUN 2020

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.246-4 Inspection Of Services--Fixed Price AUG 1996 52.246-7 Inspection Of Research And Development Fixed Price AUG 1996 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 DEC 2022 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

SEP 2022

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

JAN 2023

252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7006 Wide Area WorkFlow Payment Instructions JAN 2023 252.232-7010 Levies on Contract Payments DEC 2006

CLAUSES INCORPORATED BY FULL TEXT

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

2020)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

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

(c) Representations.

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

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

(End of provision)

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

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

(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 PRODUCTS AND COMMERCIAL SERVICES (JUN 2023)

(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 products and commercial services:

(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 (NOV 2021) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(7) 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 products and commercial services: [Contracting Officer check as appropriate.]

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (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) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328).

___ (9) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).

___ (10) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).

____ (11) [Reserved]

____ (12) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C. 657a).

____ (13) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

____ (14) [Reserved]

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

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

____ (16)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

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

____ (17) 52.219-8, Utilization of Small Business Concerns (OCT 2022) (15 U.S.C. 637(d)(2) and (3)).

____ (18)(i) 52.219-9, Small Business Subcontracting Plan (OCT 2022) (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 (SEP 2021) of 52.219-9.

____ (19) (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.

____ (20) 52.219-14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).

____ (21) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

____ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (OCT 2022) (15 U.S.C.

657f).

X (23) (i) 52.219-28, Post-Award Small Business Program Rerepresentation (MAR 2023) (15 U.S.C. 632(a)(2)).

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

____ (24) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women- Owned Small Business Concerns (OCT 2022) (15 U.S.C. 637(m)).

____ (25) 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 (OCT 2022) (15 U.S.C. 637(m)).

____ (26) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

____ (27) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).

X (28) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

X (29) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (DEC 2022) (E.O. 13126).

X (30) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

X (31)(i) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

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

X (32)(i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

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

____ (33)(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 (34) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

____ (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O.

13496).

X (36)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (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).

____ (37) 52.222-54, Employment Eligibility Verification (MAY 2022). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

____ (38)(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.)

____ (39) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

____ (40) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners

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

____ (41)(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.

____ (42)(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.

____ (43) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).

____ (44)(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 (45) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O.

13513).

____ (46) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

____ (47) 52.223-21, Foams (JUN 2016) (E.O. 13693).

____ (48)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

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

____ (49) (i) 52.225-1, Buy American--Supplies (OCT 2022) (41 U.S.C. chapter 83).

____ (ii) Alternate I (OCT 2022) of 52.225-1.

____ (50)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (DEC 2022) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 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 [Reserved].

____ (iii) Alternate II (DEC 2022) of 52.225-3.

____ (iv) Alternate III (JAN 2021) of 52.225-3.

____ (v) Alternate IV (OCT 2022) of 52.225-3.

____ (51) 52.225-5, Trade Agreements (DEC 2022) 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

____ (52) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

____ (53) 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. Subtitle A, Part V, Subpart G Note).

____ (54) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150

____ (55) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C.

5150).

____ (56) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

____ (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

____ (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

X (59) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (OCT 2018) (31 U.S.C.

3332).

____ (60) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).

____ (61) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

____ (62) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

____ (63) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

____ (64)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C.

55305 and 10 U.S.C. 2631).

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

____ (iii) Alternate II (NOV 2021) 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 products and commercial services: [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 for Contractor Workers Under Executive Order 14026 (JAN 2022) (E.O.

13658).

_____ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (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 products or commercial services. 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 (NOV 2021) (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 (NOV 2021) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L.

117-328).

(vi) 52.219-8, Utilization of Small Business Concerns (OCT 2022) (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.

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

(viii) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

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

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

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

(xii) 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.

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

(xiv) _____ (A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

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

(xv) 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.)

(xvi) 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)

(xvii) 52.222-54, Employment Eligibility Verification (MAY 2022) (E. O. 12989).

(xviii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022) (E.O.

13658).

(xix) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

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

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

(xxi) 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. Subtitle A, Part V, Subpart G Note).

(xxii) 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.

(xxiii) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.

(xxiv) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 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 products and commercial services 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):

www.acquisition.gov

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):

www.acquisition.gov

(End of clause)

Section L - Instructions, Conditions and Notices to Bidders

PROPOSAL PREP INSTRUCTIONS

Proposals should be emailed to Amanda.Andrews@usace.army.mil and sonia.j.boyd@usace.army.mil by 12:00 PM Central on 25 August 2023.

Questions shall be submitted no later than 19 August 2023. Response to questions will be issued in an amendment.

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

Page Limitation and Parts:

Part Number Page Limitation Part I – Technical Proposal

a. Experience 20

b. Key Personnel 10

c. Technical Approach 40

Part II – Past Performance As Required Part III – Price As Required

Part I – Technical Proposal

NO PRICE INFORMATION SHALL BE PROVIDED IN PART I.

Subfactor 1: Experience

The Offeror shall demonstrate relevant corporate experience related to the evaluation criteria. Relevant corporate experience is experience (within the last 5 years) that is of the same or similar scope and complexity to the work described in the Performance Work Statement, and is of the same or similar magnitude (i.e., performing services that, on an annual basis, are at least half the dollar value proposed by the Offeror to perform the Performance Work Statement’s requirements). To demonstrate its corporate experience, the Offeror shall identify up to five (5) of its most relevant contracts or efforts within the past five (5) years, and provide any other information the Offeror considers relevant to the requirements of the solicitation. Offerors shall provide a detailed explanation demonstrating the relevance of the contracts or efforts to the requirements of the solicitation.

To the extent that the Offeror intends to subcontract significant portions of the effort, for each subcontractor the Offeror shall identify up to five (5) of the most relevant contracts or efforts within the past five (5) years and provide any other information the Offeror considers relevant to the requirements of the solicitation. “Significant”, in this case, means work efforts involving more than 4,000 man hours per annum.