B01.01 Combined Synopsis Solicitation_REV1.pdf

SOLICITATION #

W912HZ24Q10Q2

COMBINED SYNOPSIS/SOLICITATION TITLE:

Concrete Beam and Piling Repair

COMBINED SYNOPSIS/SOLICITATION: This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, “Streamlined Procedures for Evaluation and Solicitation of Commercial Items”, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

The intent of this solicitation is to award a single purchase order for concrete beam and piling repair at the Coastal and Hydraulics Laboratory (CHL) Field Research Facility (FRF) in Duck, North Carolina. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2022-06. The requirements will be fulfilled using FAR Part 12, Acquisition of Commercial Items, and FAR Part 13, Simplified Acquisition procedures, to the maximum extent possible. This acquisition is 100% set aside for small business. The associated NAICS code for this procurement is 238110 – Concrete Repair, with a corresponding small business size standard of $19M.

NOTE: All offerors must be registered in the System for Award Management (SAM) prior to the response date listed in this combined synopsis/solicitation. Information concerning SAM requirements may be viewed via the internet at SAM.gov.

The Engineer Research and Development Center (ERDC), Coastal and Hydraulics Laboratory (CHL) Field Research Facility (FRF) is in need of concrete beam and piling repairs. The description of requirements is described below.

This solicitation is being issued as a request for proposal (RFP). The Government intends to award a single purchase order resulting from this solicitation to the responsible offerors whose offer conforming to the solicitation and is found to be the lowest priced technically acceptable offeror.

An award, if any, will be made to the responsible offeror(s) who submits a quote that conforms to the requirements of the synopsis, whose quote is found to be technically acceptable, and is the lowest aggregate price. The Government reserves the right to award without discussions or make no award at all depending upon (1) the quality of quotes received and (2) the price fair and reasonableness of quotes received.

The lowest priced proposal will be evaluated to determine technically acceptable contractor(s). If the lowest proposed offer is determined to be technically acceptable, the Government reserves the right to not evaluate the technical proposal(s) submitted by the other offeror(s). A proposal that fails to comply with any minimum technical requirements will not be eligible for award regardless that it may offer the lowest price.

The Government bears no legal liability for the costs associated with preparing a quote. Vendors should not submit a quote unless they are willing to absorb all costs associated with submitting a quote.

I. DESCRIPTION OF REQUIREMENTS

The original main office building (Building 0001) sits on the now 45-year-old elevated concrete slab supported by concrete beams and piles. This platform consists of a 132’ X 80’X 8” reinforced monolithic slab roughly 9’ above grade supported by stout cast in place beams and 77 pre-cast and prestressed 12” square piles. A reinforced concrete ramp which abuts the building platform provides access to an 1860’ research pier. This approach ramp consists of four 40’ X 16’ spans, each constructed of two side by side 40’ precast T-shaped girders that are 6’ 6” wide and joined in the middle by a 3’ wide cast in place reinforced slab. Each 40’ span is supported on the ends by stout cast in place bents which sit atop 12” square piles. While most of the structure appears to be in good condition with minor shrinkage cracks, several 12” platform piles and the approach ramp beams exhibit moderate and major spalling and delamination.

In Oct-Nov 2023 a comprehensive concrete evaluation of the approach ramp and building platform was conducted to include: a visual and tactile survey of all concrete members, use of surface penetrating RADAR, Impact-Echo testing, concrete chloride content testing, carbonation testing, compressive strength analysis, petrographic analysis, and half-cell corrosion potential tests. The final report included field observations, material testing reports, a structural analysis, findings, and recommendations. A summary of this report is included in this announcement (Enc 1). The full report is available upon request made to the Contracting Officer’s Representative (COR). The cracking and spalling of concrete were found to be caused by rusting rebar effected by chloride penetration. The structural analysis concluded that the existing condition supported the intended use of load. A recommendation was made; however, to repair the ramp beams and platform piles to maintain its safety. In April 2024, the USACE - Philadelphia District provided a Design Load Rating of the pier structure including the approach ramp. A recommendation was made to post a maximum axle weight of 2 tons (2 kips per wheel), which matches the original design criteria.

This concrete repair project requires the contractor to provide stamped engineering drawings. Any alteration, substitution, or increase to the materials listed below or task procedure listed below must be approved by the on-site COR. As-built drawings, shop drawings, and original specifications shall be provided by the site’s facility manager and made available for review. The contractor and contractor engineer are responsible for the determination of shoring requirements and, if applicable, a structural support plan. The site is located inside the security fence compound at the FRF.

Domestic water and electricity for project activities shall be provided by the FRF. The contractor shall coordinate all work with the site COR to gain access and confirm scheduling. All onsite work shall be performed during the work week from 0700 to 1700, unless prior approval is granted by the COR. A site visit is available to the contractor, if desired, prior to providing a quote.

Requirements and Deliverables:

Task 1. Repair Ramp Beams. Quantity 8 (2’x 2’x40’) The precast beams contain two rows of 6 #10 rebar located near the bottom of the beams.

1.1 Remove loose and delaminated concrete preparing surface to ACI 546R standards. This may be achieved utilizing industry typical tools, such as, chipping hammers, pneumatic hammers, abrasive blasting, and high-pressure hydro blasting machines. Care should be taken to not leave microcracking on the prepared substate and not to damage rebar. Where rebar is encountered, undercut bar by ¾” to allow repair material to encapsulate the bar. Prepare boundaries at least ¾” deep to prevent feather edges. Keep geometry layout of repair area simple. Prepared surfaces should have a roughened profile to achieve a mechanical bond. Surface preparation of the substrate should create a Concrete Surface Profile (CSP) between 5 – 10 or appropriate to meet the manufacturers specified requirements. Total removal of beam area up to 25% or 320 cu/ft.

1.2 After initial removals, surfaces should be resounded for any missed delamination and voids. Chip away any unsound areas to Task 1. 1.1 specifications.

1.3 Power-wash beams, bents, and piles. Repair surface should have an open pore structure and be free of dust. Clean exposed rebar to “white metal”.

1.4 Install Type 1A cathodic protection anodes, Vector Corrosion Galvashield XPX (or approved equivalent) spaced no more than 10” apart on exposed rebar within the patch area. Install up to 140 anodes following manufacturer’s specifications.

1.5 Inject epoxy into all cracks larger than .3mm before applying corrosion inhibitor.

Crack repair up to 300 linear feet.

1.6 Apply Sika Ferro Guard 908 (or approved equivalent) penetrating corrosion inhibitor to all exposed surfaces of concrete and rebar following manufacturer’s specifications. Let dry.

1.7 Wet all surfaces to be patched to allow for a SSD (Saturated Surface Dry) condition.

Brush coat patch material onto all surfaces to be patched. Patch cracks, spalled areas, and voids with a low shrinkage (less than 0.05%) thermal equivalent cementitious material with a compatible stress-strain relationship with the existing material (submittal to be approved by COR prior to use). Placement technique must deliver the selected material with enough force to achieve a satisfactory bond and completely fill all voids. Cover patches with burlap or plastic to allow for at least 3 days of curing.

1.8 Apply two coats of an Acrylic protective coating, such as Sika Guard 670W (or approved equivalent) following manufacturer’s specifications.

Deliverable: 8 concrete beams repaired: all loose material removed not to exceed 25%, power washed, anodes installed, corrosion inhibitor applied, cementitious concrete patches applied, cracks filled with epoxy, and two coats of protective coating applied. Contractor provides as built drawings.

Task 2. Repair Pilings. Quantity 28 piles (1’x1’x 6’) The pre-stressed piles contain six 7/16” strands with 5-gauge spiral ties.

2.1 Remove loose and delaminated concrete preparing surface to ACI 546R standards.

This may be achieved utilizing industry typical tools, such as, chipping hammers, pneumatic hammers, abrasive blasting, and high-pressure hydro blasting machines.

Care should be taken to not leave microcracking on the prepared substate and not to damage reinforcing strands. Where strands are encountered, undercut strand by ¾” to allow repair material to encapsulate the strand. Prepare boundaries at least ¾” deep to prevent feather edges. Keep geometry layout of repair area simple. Prepared surfaces should have a roughened profile to achieve a mechanical bond. Surface preparation of the substrate should create a Concrete Surface Profile (CSP) between 5 – 10 or appropriate or meet the manufacturers specified requirements. Total removal of pile area up to 25% or 42 cu/ft.

2.2 After initial removals, surfaces should be resounded for any missed delamination and voids. Chip away any unsound areas to Task 1. 1.1 specifications.

2.3 Power-wash piles. Repair surface should have an open pore structure and be free of dust. Clean exposed Strands to “white metal”.

2.4 Install cathodic protection anodes, Vector Corrosion Galvashield CCX (or approved equivalent) 6 per pile spaced 12” apart drilled through the center of the pile and alternately inserted on the perpendicular. Wire ends of anodes must be connected to wire reenforcing strand following manufacturer’s specifications.

2.5 Apply Sika Ferro Guard 908 (or approved equivalent) penetrating corrosion inhibitor to all exposed surfaces of concrete and rebar following manufacturer’s specifications.

Let dry.

2.6 Wet all surfaces to be patched to allow for a SSD (Saturated Surface Dry) condition.

Brush coat patch material onto all surfaces to be patched. Patch cracks, spalled areas, and voids with a low shrinkage (less than 0.05%) thermal equivalent cementitious material with a compatible stress-strain relationship with the existing material (submittal to be approved by COR prior to use). Placement technique must deliver the selected material with enough force to achieve a satisfactory bond and completely fill all voids. Cover patches with burlap or plastic to allow for at least 3 days of curing.

2.7 Apply two layers of carbon fiber fabric to the piles from the top of the piles down 6’ to the specifications provided by the contractor engineer. (Note: If it is determined by the contractor engineer that one pile only requires 4’ and another pile requires 8’ of wrap, the adjustment may be made).

2.8 Apply two coats of an Acrylic protective coating, such as Sika Guard 670W (or approved equivalent) following manufacturer’s specifications.

Deliverable: 28 pilings repaired: all loose material removed not to exceed 25%, power washed, anodes installed, corrosion inhibitor applied, cementitious concrete patches applied, cracks filled with epoxy, two layers of carbon fiber applied with epoxy, and two coats of protective coating.

Contractor provides as built drawings.

Material Requirements:

Cementitious Material, (Estimate based on 25% volumetric loss)

Up to 362 cu/ft.

Type 1A zinc anodes, Vector Corrosion Galvashield XPX (or approved equivalent)

Up to 140

Type 2A zinc anodes Vector Corrosion Galvashield CCX (or approved equivalent)

Up to 168

Carbon Fiber Fabric (20oz.) estimate 100 gal Carbon Fiber Fabric (20oz.) 1,344 sq/ft Penetrating Corrosion Inhibitor, Sika Ferro Guard 908 (or approved equivalent) estimate 25 gal

Topcoat estimate 12 gal

*BRAND NAME OR EQUAL

If quoting equal product, please provide below information:

Manufacturer’s Name: ______________________, Brand: __________________________

Model or Part Number: _______________________

To be considered for award in accordance with FAR 52.211-6, Brand Name or Equal, offers of “equal” products, including “equal” products of the brand name manufacturer, must—

(1) Meet the salient physical, functional, or performance characteristic specified in this solicitation;

(2) Clearly identify the item by—

(i) Brand name, if any; and

(ii) Make or model number;

(3) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and

(4) Clearly describe any modification the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modification.

(a) The Contracting Officer will evaluate “equal” products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer.

(b) Unless the offeror clearly indicates in its offer that the product being offered is an “equal” product, the offeror shall provide the brand name product referenced in the solicitation

Period of Performance Work shall be coordinated with the COR and TPOC to begin within 30 working days of award and to be completed within 120 days (unless explicitly stated otherwise in the proposal concerning delays on parts) to ensure proper access and mitigate any conflicts with the scheduled access.

Place of Performance Work will be performed at the CHL FRF located at:

U.S Army Corps of Engineers Engineer Research and Development Center 1261 Duck Road Kitty Hawk, NC 27949

Warranty The vendor shall provide a standard commercial warranty.

III. SOLICITATION INSTRUCTIONS

1. The provision at FAR 52.212-1, Instructions to Offerors – Commercial (NOV 2021), and the addenda listed below applies to this acquisition.

ADDENDA TO FAR 52.212-1:

a. Submission of offers. FAR 52.212-1(b) is amended to include the following:

(1) Submit signed electronic quotes by 12:00pm (CST) on 28 August 2024 to chl-ct-quotes@usace.army.mil. All submittals from responsible firms will be considered by the agency.

b. Late submissions. FAR 52.212-1(f) is amended as follows:

(1) Offerors are responsible for submitting quotes so as to reach the Government designated office in the solicitation by the time specified in the solicitation. If no time is specified, the time for receipt is 4:30 pm, local time, for the designated Government office on the date that quotes are due.

(2) Any quotation received at the Government office designated in the solicitation after the exact time specified for receipt of quotations is late will not be considered unless it is received before award is made and the contracting officer determines that accepting the late quotation would not unduly delay the acquisition.

(3) If an emergency or unanticipated event interrupts normal Government processes so that quotations cannot be received at the Government office designated for receipt of quotations by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of quotations will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

c. Formal communications. Requests for clarification and information concerning the solicitation must be provided in writing no later than 5 days prior to closing. Answers will be compiled and posted electronically to the System for Award Management Contract Opportunities website: https://www.sam.gov. All correspondence should reference the solicitation number.

d. Quotation preparation instructions:

(1) General Instructions. The offeror shall submit their quote on company letterhead to include the following: solicitation number; contact name, address, e-mail, and telephone number of the offeror; unit price; and CAGE code, UEI number, size of mailto:chl-ct-quotes@usace.army.mil mailto:chl-ct-quotes@usace.army.mil business. The Contracting Officer is not responsible for locating or obtaining any information not identified in the quotes. If applicable, provide a written statement that the quote incorporates all amendments to the solicitation.

2. The clause at FAR 52.212-4, Contract Terms and Conditions-Commercial Items (Nov 2021), and the addenda listed below applies to this acquisition.

ADDENDA TO FAR 52.212-4:

Text in paragraph (c) is deleted and replaced with the following:

Changes. Changes in terms and conditions of this contract may be made only by written agreement of the parties with the exception of certain changes such as administrative changes including changes in paying office, appropriation data, etc. authorized by the Federal Acquisition Regulation and its supplements that may be made unilaterally by the Contracting Officer (for a complete list of changes that may be made unilaterally, see FAR 43.103(b).

IV. ADDITIONAL TERMS AND CONDITIONS

The following provisions and clauses apply to this acquisition. The purchase order will incorporate one or more provisions and/or clauses by reference, with the same force and effect as if they were given in full text. The full text of a provision and/or clause may be accessed electronically at:

https://www.acquisition.gov/far/part-52

Provisions/Clauses Date 52.202-1 Definitions JUN 2020 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-6 Alt I Restrictions on Subcontractor Sales to the Government – Alternate I NOV 2021 52.203-7 Anti-Kickback Procedures JUN 2020

52.203-11 Certain Disclosure Regarding Payments to Influence Certain Federal Transactions SEP 2007

52.203-12 Limitation on Payments to Influence Certain Transactions JUN 2020 52.204-4 Printed or copied double-sided on post-consumer fiber content paper MAY 2011 52.204-7 System for Award Management OCT 2018 52.204-8 Annual representations and Certifications MAY 2022 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards JUN 2020 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-17 Ownership or Control of Offeror AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and Certifications DEC 2014 52.204-20 Predecessor of Offeror AUG 2020 52.204-21 Basic Safeguarding of Covered Contractor Information Systems NOV 2021 52.204-22 Alternative Line Item Proposal JAN 2017

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities. NOV 2021

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment NOV 2021 https://www.acquisition.gov/far/part-52

52.204-25 Prohibition of Contracting for Certain Telecommunications and Video Surveillance Services or Equipment NOV 2021

52.204-26 Covered Telecommunications Equipment or Services--Representation OCT 2020

52.207-1 Notice of Standard Competition MAY 2006 52.209-5 Certification Regarding Responsibility Matters AUG 2020

52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, Proposed for Debarment NOV 2021

52.209-7 Information Regarding Responsibility Matters OCT 2018

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters OCT 2018 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations NOV 2015

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction Under any Federal Law FEB 2016

52.211-5 Material Requirements AUG 2000

52.212-1 Instructions to Offerors—Commercial Products and Commercial Services NOV 2021

52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services MAY 2022

52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services NOV 2021

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders –Commercial Items (full text below) MAY 2022

52.213-1 Fast Payment Procedure MAY 2006

52.215-2 Audit and Records – Negotiations JUN 2020 52.215-8 Order of Precedence – Uniform Contract Format OCT 1997 52.219-1 Alt I Small Business Program Representations – Alternate I MAR 2020 52.219-6 Notice of Total Small Business Set-Aside (Deviation 2019-O0003) NOV 2020 52.219-8 Utilization of Small Business Concerns OCT 2018 52.219-14 Limitations on Subcontracting (Deviation 2019-O0003) SEP 2021

52.219-28 Post-Award Small Business Program Representation (full text below; to be filled in by Contractor) MAR 2020

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 (Deviation 2019-O0003)

SEP 2021

52.223-6 Drug-Free Workplace MAY 2001 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving JUN 2020 52.225-13 Restrictions on Certain Foreign Purchases FEB 2021

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representations and Certifications JUN 2020

52.229-3 Federal, State and Local Taxes FEB 2013 52.232-1 Payments APR 1984 52.232-8 Discounts for Prompt Payment FEB 2002 52.232-17 Interest MAY 2014 52.232-23 Assignment of Claims MAY 2014

52.232-33 Payment by Electronic Funds Transfer—System for Award Management OCT 2018 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business Subcontractors NOV 2021 52.233-1 Disputes MAY 2014 52.233-2 Service of Protest SEP 2006 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004

52.242-13 Bankruptcy JUL 1995

52.243-1 Alt I Changes – Fixed Price Alternate I APR 1984 52.244-6 Subcontracts for Commercial Items JAN 2022 52.249-2 Termination for Convenience of the Government (Fixed-Price) APR 2012 52.249-8 Default (Fixed-Price Supply and Service) APR 1984 52.252-1 Solicitations Provisions Incorporated by Reference (full text below) FEB 1998 52.252-2 Clauses Incorporated by Reference (full text below) FEB 1998

52.252-5 Authorized Deviations in Provisions NOV 2020

52.252-6 Authorized Deviations in Clauses NOV 2020 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 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls OCT 2016 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting DEC 2019

252.204-7015 Notice of Authorized Disclosure of Information to Litigation Support Contractors MAY 2016

252.204-7016 Covered Defense Telecommunications Equipment or Services-- Representation DEC 2019

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services--Representation MAY 2021

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services JAN 2021

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements. MAR 2022 252.204-7020 NIST SP 800-171 DoD Assessment Requirements. MAR 2022 252.205-7000 Provision of Information to Cooperative Agreement Holders DEC 1991

252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism MAY 2019

252.215-7008 Only One Offer JUL 2019 252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors MAR 2022 252.225-7012 Preference for Certain Domestic Commodities APR 2022 252.225-7048 Export-Controlled Items JUNE 2013

252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns APR 2019

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports DEC 2018 252.232-7010 Levies on Contract Payments DEC 2006 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JAN 2021

252.247-7023 Transportation of Supplies by Sea FEB 2019

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services.

(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 Covered Entities (Dec 2023) (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.)

__(4) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

__(5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__(6) [Reserved].

__(7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__(8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__(9) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).

__(10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply

Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (Dec 2023) ( Pub.

L. 115–390, title II).

__(11) (i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023) ( Pub. L. 115–390, title II).

__(ii) Alternate I (Dec 2023) of 52.204–30.

__(12) 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).

__(13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) ( 41 U.S.C. 2313).

__(14) [Reserved].

__(15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) ( 15 U.S.C.

657a).

__(16) 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).

__(17) [Reserved] XX18) (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.

__(19) (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.

XX(20) 52.219-8, Utilization of Small Business Concerns (Feb 2024) ( 15 U.S.C. 637(d)(2) and (3)).

__(21) (i) 52.219-9, Small Business Subcontracting Plan (Sep 2023) ( 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 2023) of 52.219-9.

__(22) (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.

__(23) 52.219-14, Limitations on Subcontracting (Oct 2022) ( 15 U.S.C. 637s).

__(24) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) ( 15 U.S.C.

637(d)(4)(F)(i)).

__(25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran- Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (Feb 2024) ( 15 U.S.C. 657f).

XX(26) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Feb 2024) ( 15 U.S.C. 632(a)(2)).

__(ii) Alternate I (Mar 2020) of 52.219-28.

__(27) 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)).

__(28) 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)).

__(29) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) ( 15 U.S.C.

644(r)).

__(30) 52.219-33, Nonmanufacturer Rule (Sep 2021) ( 15U.S.C. 637(a)(17)).

XX(31) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

XX(32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Feb 2024).

XX(33) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

XX(34) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

__(ii) Alternate I (Feb 1999) of 52.222-26.

__(35) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212).

__(ii) Alternate I (Jul 2014) of 52.222-35.

__(36) (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.

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

__(38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec

2010) (E.O. 13496).

XX(39) (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).

__(40) 52.222-54, Employment Eligibility Verification (May 2022) (Executive Order 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.)

__(41) (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.)

__(42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__(43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

__(44) (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.

__(45) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

__(ii) Alternate I (Jun2014) of 52.223-14.

__(46) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) ( 42 U.S.C.

8259b).

__(47) (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.

XX(48) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

__(49) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

__(50) 52.223-21, Foams (Jun2016) (E.O. 13693).

__(51) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

__(ii) Alternate I (Jan 2017) of 52.224-3.

__(52) (i) 52.225-1, Buy American-Supplies (Oct 2022) ( 41 U.S.C. chapter 83).

__(ii) Alternate I (Oct 2022) of 52.225-1.

__(53) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) ( 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 (Feb 2024) of 52.225-3.

__(v) Alternate IV (Oct 2022) of 52.225-3.

__(54) 52.225-5, Trade Agreements (NOV 2023) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

XX(55) 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).

__(56) 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).

__(57) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) ( 42 U.S.C. 5150).

__(58) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) ( 42 U.S.C. 5150).

__(59) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

__(60) 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).

__(61) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).

XX(62) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) ( 31 U.S.C. 3332).

__(63) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) ( 31 U.S.C. 3332).

__(64) 52.232-36, Payment by Third Party (May 2014) ( 31 U.S.C. 3332).

__(65) 52.239-1, Privacy or Security Safeguards (Aug 1996) ( 5 U.S.C. 552a).

__(66) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) ( 15 U.S.C. 637(d)(13)).

__(67) (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. chapter67).

__(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) ( 29U.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).

__(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) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C. 4712).

(iii) 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)).

(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).

(v) 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).

(vi) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).

(vii) (A) 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023) ( Pub. L. 115–390, title II).

(B) Alternate I (Dec 2023) of 52.204–30.

(viii) 52.219-8, Utilization of Small Business Concerns (Feb 2024) ( 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.

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

(x) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).

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

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

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

(xiv) 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.

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

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

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

(xvii) 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).

(xviii) 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).

(xix) 52.222-54, Employment Eligibility Verification (May 2022) (E.O. 12989).

(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

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

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

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

(xxiii) 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).

(xxiv) 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.

(xxv) 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.

(xxvi) 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)

52.219-28 Post-Award Small Business Program Rerepresentation.

(a) Definitions. As used in this clause—

Long-term contract means a contract of more than five years in duration, including options.

However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern—

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (d) of this clause.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

(b) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, upon occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts-

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, when the Contracting Officer explicitly requires it for an order issued under a multiple-award contract.

(d) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code(s) assigned to this contract. The small business size standard corresponding to this NAICS code(s) can be found at https://www.sba.gov/document/support--table-size-standards.

(e) The small business size standard for a Contractor providing an end item that it does not manufacture, process, or produce itself, for a contract other than a construction or service contract, is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition—

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

(2) Used the HUBZone price evaluation preference regardless of dollar value, unless the Contractor waived the price evaluation preference; or

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

(f) Except as provided in paragraph (h) of this clause, the Contractor shall make the representation(s) required by paragraph (b) and (c) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause, or with its offer for an order (see paragraph (c) of this clause), that the data have been validated or updated, and provide the date of the validation or update.

(g) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (f) or (h) of this clause.

(h) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

(1) The Contractor represents that it □ is, □ is not a small business concern under NAICS Code _____ assigned to contract number _____.

(2) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it □ is, □ is not, a small disadvantaged business concern as defined in 13 CFR 124.1001.

(3) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it □ is, □ is not a women-owned small business concern.

(4) Women-owned small business (WOSB) joint venture eligible under the WOSB Program. The Contractor represents that it □ is, □ is not a joint venture that complies with the…