W912P520Q0047.pdf

SEE ADDENDUM

(No Collect Calls)

W912P520Q0047 11-Sep-2020

b. TELEPHONE NUMBER 8. OFFER DUE DATE/LOCAL TIME

11:00 AM 25 Sep 2020

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA X ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W912P59. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

ALISON T ABERNATHY

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.X

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

CELRN-RC-N CONTRACTING BRANCH

110 9TH AVE SOUTH, A405

NASHVILLE TN 37203

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE W912P5 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

WEST KY AREA OFC,KENTUCKY LOCK

CALEB SKINNER

265 KENTUCKY LOCK ROAD

GRAND RIVERS KY 42045-9706

TEL: 270-362-4226 FAX:

(615) 736-7124FAX:

TEL: (615) 736-5679

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

NAICS:

332312

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

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

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF50

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W912P520Q0047

Section SF 1449 - CONTINUATION SHEET

STATEMENT OF WORK

1. SCOPE: This work involves structural fabrication of assembled fenders comprised of steel, rubber, and ultra-high-molecular-weight polyethylene (UHMW PE). Fenders are bumpers. They are sacrificial elements used on the downstream faces of miter gates to help lessen damage from incidental impact while barges pass thru the lock. The contract requires fabrication of two (2) types of fenders; ten (10) of type NF-11, as referenced on drawing 64W218-

B, weighing approximately 3,000 pounds each, and twenty eight (28) of type NF-13, as referenced on drawings

64W218-B and 64W235-B, weighing approximately 3,700 pounds each. After assembly, in their full length, both types of fenders are approximately 58’ long. The fabricator will deliver the assembled fenders, in their full length, to

Kentucky Lock, located in Grand Rivers, Kentucky. No installation work is required, or allowed, in this contract.

Key requirements to fabrication, including painting, are listed below. Refer to the accompanying specification for a full list of requirements.

2. PERIOD OF PERFORMANCE: Contractor shall successfully complete all requirements, and complete delivery to Kentucky Lock, no later than March 01, 2021.

3. GOVERNMENT INSPECTION AT FABRICATOR'S SHOP The Government will have the option to inspect the end products at the fabricator's shop. The Contractor shall provide ten (10) calendar days’ notice to the Lockmaster, John Caleb Skinner, when the items are ready for inspection and shall make available any facilities needed for such inspection. The Government shall reserve the right to waive the inspection at any time during the contract. No shipments will be made prior to approval by the Government.

4. STRUCTURAL FABRICATION

4.1 General: Material must be straight before being laid off or worked. If straightening is necessary, it shall be done by methods that will not impair the metal. Sharp kinks or bends shall be cause for rejection of the material. Material with welds will not be accepted except where welding is specified, indicated on the drawings, or otherwise approved. Bends, except where minor, shall be made by approved dies, press breaks or bending rolls. Where heating is required, precautions shall be taken to avoid overheating the metal and it shall be allowed to cool in a manner that will not destroy the original properties of the metal. Shearing shall be accurate, and all portions of the work shall be neatly finished. Re-entrant cuts shall be filleted to a minimum radius of 3/4-inch unless otherwise approved.

Finished members shall be free from twists, bends and open joints.

4.2 Dimensional Tolerances for Structural Work Dimensions shall be measured by an approved calibrated steel tape of approximately the same temperature as the material being measured at the time of measurement. The overall dimensions of an assembled structural unit shall not deviate from the dimensions shown on the drawings by more than 1/16-inch.

4.3 Structural Steel Fabrication Structural steel may be cut by mechanically guided or hand guided torches, provided an accurate profile with a smooth surface which is free from cracks and notches is obtained. Surfaces and edges to be welded shall be prepared in accordance with AWS D1.1, Subsection 3.2. Where structural steel is welded, chipping or grinding will not be required except as necessary to remove slag or sharp edges of mechanically guided cuts or hand guided cuts not exposed to view. Hand guided cuts which are to be exposed or visible shall be chipped, ground, or machined to sound metal.

5. WELDING

5.1 Welding Structural Steel: Welding of structural steel shall be by an electric arc welding process, using a method which excludes the atmosphere from the molten metal. Welding shall conform to the applicable provisions of

Section 1 thru 7 and Section 9, 10, and 11 of AWS D 1.1. Welding shall be such as to minimize residual stresses, distortion and shrinkage.

5.2 Welding Equipment: Welding equipment shall conform to the requirements of AWS Dl.1.

5.3 Filler Metal: The electrode, Electrode-flux combination, and grade of weld metal shall conform to the appropriate AWS specification for the base metal and welding process being used. Only low hydrogen electrodes shall be used for manual shielded metal-arc welding regardless of the thickness of the steel. To maintain low moisture of low hydrogen electrodes, a controlled temperature storage oven shall be used at the job site as prescribed in AWS D1.1, subsection 4.5.

5.4 Acceptability of Welds: Welds shall be unacceptable if shown to have defects prohibited by AWS D1.1, Subsection 9.25, or shown to possess any degree of incomplete fusion, inadequate penetration, or undercutting.

5.5 Certification of Welder: Prior to fabrication, the fabricator is required to provide proof of current certification for each welder.

6. PAINTING: The Fenders’ steel surface preparation shall be in strict accordance with the paint manufacturer’s recommendations, including blasting to white metal (SSPC SP 5). Paint all surfaces with two (2) coats Vinyl Zinc-

Rich VZ-108D, then two (2) coats Gray Vinyl V-766E, then (2) coats White Vinyl V-766E, and then two (2) coats

Gray Vinyl V-766E; forming paint system No. 5-E-Z, or approved equal.

6.1 Paint Application

6.1.1 General: The finished coating shall be free from holidays, pinholes, bubbles, runs, drops, ridges, waves, laps, unnecessary brush marks, and variations in color, texture, and gloss. All paint coats shall be applied in such manner as to produce an even, continuous film of uniform thickness on the inside surface only. The outside surface shall not be painted.

6.1.2 Mixing and Thinning: Paints shall be thoroughly mixed, strained where necessary, and kept at a uniform composition and consistency during application.

6.1.3 Protection of Painted Surfaces: Items that have been painted shall not be handled, worked on, or otherwise disturbed until the paint coat is fully dry and hard. All metalwork coated in the shop or field prior to final delivery to the Government shall be stored out of contact with the ground in such manner and location as will minimize the formation of water-holding pockets, soiling, contamination, and deterioration of the paint film, and damaged areas of paint on such metalwork shall be cleaned and touched up without delay.

6.2 Certification of Painter: The steel is required to be coated by a qualified painting contractor possessing the appropriate SSPC Certification (QP3). Qualified paint applicators are also required.

7. QUALITY CONTROL: The Contractor shall establish and maintain quality control for operations under this section to assure compliance with contract requirements.

8. PLACE OF DELIVERY: Upon completion the Contractor shall contact the Lockmaster 10 days prior to the delivery date. Delivery will be made Monday thru Thursday, between the hours of 6:30 am and 4:00 pm. No deliveries will be accepted on federally observed holidays: New Year's Day (January 1), Birthday of Martin Luther

King, Jr. (Third Monday in January), Washington's Birthday (Third Monday in February), Memorial Day (Last

Monday in May), Independence Day (July 4), Labor Day (First Monday in September), Columbus Day (Second

Monday in October), Veterans Day (November 11), Thanksgiving Day (Fourth Thursday in November), Christmas

Day (December 25)

John Caleb Skinner, Lockmaster

Kentucky Lock

265 Kentucky Lock Rd.

Grand Rivers, KY, 42045

QUOTE INSTRUCTIONS

1. DESCRIPTION OF WORK: This is a total small business set-aside to fabricate, assemble, and deliver Gate

Fender components in accordance with the Statement of Work, Specifications, and Drawings.

2. TYPE OF CONTRACT: The Government intends to award a Firm-Fixed Price supply contract.

3. NON-MANUFACTURER RULE: In accordance with FAR 19.502-(2), “For small business set-asides other than for construction or services, any concern proposing to furnish a product that it did not itself manufacture must furnish the product of a small business manufacturer unless the SBA has granted either a waiver or exception to the non-manufacturer (see 19.101(f)).” The NAICS code for this requirement is 332312, in which the SBA has not granted either a waiver or an exception to the non-manufacturer rule; therefore the non-manufacturer rule applies to this procurement.

4. WARRANTY: Offerors shall offer the Government at least the same warranty terms, including offers of extended warranties, offered to the general public in customary commercial practice. The minimum warranty term is one year.

5. DELIVERY DATE: Contractor shall successfully complete all requirements, and complete delivery to

Kentucky Lock, no later than March 01, 2021

6. BASIS FOR AWARD: Award shall be made to the lowest priced contractor who is determined to be responsible and can fabricate and supply the components described in the Specifications. Quotes must meet or exceed the statement of work/drawings to be considered for award.

7. PLACE OF DELIVERY:

Kentucky Lock

John Caleb Skinner, Lockmaster

265 Kentucky Lock Rd.

Grand Rivers, KY, 42045

8. POC FOR COMMUNICATIONS: Any communications regarding this procurement before award must be made in writing to the Contracting Branch, Alison Abernathy at Alison.T.Abernathy@usace.army.mil

Inquiries must identify the solicitation number, the requestor’s company name, address, email address, and telephone number to include area code.

9. QUESTIONS: Questions regarding the solicitation must be submitted to Alison Abernathy via email at

Alison.T.Abernathy@usace.army.mil no later than 11:00 AM, Central Time on Wednesday, September 16, 2020.

10. QUOTE SUBMISSION:

a. Quotes can be emailed to Alison Abernathy at Alison.T.Abernathy@usace.army.mil

b. The quote shall include the following elements to be considered for award:

(1) SF 1449: Filled out by the vendor for: Block 17a, Block 17b (if applicable), Block 30a, Block 30b, and

Block 30c.

(2) All Amendments (SF 30s): Signed if applicable.

(3) Acknowledge and fill out FAR 52.204-24

(4) Complete Quote Schedule: Include the Total Price for all elements included in the Quote Schedule.

(5) In accordance with FAR 52.204-7, System for Award Management, registration is required in the

System for Award Management (SAM) database located at https://beta.sam.gov. More specifically, "An

Offeror is required to be registered in SAM when submitting an offer or quotation, and shall continue to be registered until time of award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(6) Offerors and quoters are required to be registered in the System for Award Management (SAM) database (www.sam.gov) at the time an offer or quotation is submitted in order to comply with the annual representations and certifications requirements.

(7) Contracting officers shall use the legal business name or ``doing business as'' name and physical address from the contractor's SAM registration for the provided unique entity identifier to identify the contractor in section A of the contract schedule, similar sections of non-uniform contract formats and agreements, mailto:Alison.T.Abernathy@usace.army.mil mailto:Alison.T.Abernathy@usace.army.mil mailto:alison.t.abernathy@usace.army.mil http://www.sam.gov/ and all corresponding forms and data exchanges. Contracting officers shall make no changes to the data retrieved from SAM.

For SAM Customer Service, contact:

Federal Service Desk

URL: www.fsd.gov

Hours: 8am - 8pm (Eastern Time)

US Calls: 866-606-8220

International Calls: 334-206-7828

DSN: 866-606-8220

IMPORTANT NOTICE: Effective June 29, 2018 vendors creating or updating their registration can have their registration activated prior to the approval of the required notarized letter. However, the signed copy of the notarized letter must be sent to the GSA Federal Service Desk (FSD) within 30 days of activation or the vendor risks no longer being active in SAM. Vendors can check whether an account is active by performing a query by their CAGE or Unique Entity Identifier (previously known as DUNS). The new registration process may now take several weeks, so vendors are highly encouraged to begin registering as soon as possible to avoid any possible delays in future contract awards. Remember, there is no cost to use

SAM. To find out additional information about the changes of the SAM registration process, contractors should visit the Frequently Asked Questions (FAQ) link located at the top of the SAM homepage

(https://beta.sam.gov).

(8) Provide business Unique Entity Identifier (previously known as DUNS)

_______________________________ (phone 800-333-0505 for DUNS).

(9) Provide business CAGE code: __________________________________

(10) Tax Identification Number: ____________________________________

11. APPARENT SUCCESSFUL OFFEROR: The following is required from the successful offeror prior to actual award of the contract:

a. A minimum of one (1) banking reference for their firm and a minimum of three (3) past performance references for similar contracted work.

(1) The banking reference should include the financial institution’s legal name, complete physical address, a point-of-contact (POC) at the financial institution, the POC’s telephone number, fax number, and email address.

(2) The past performance references should include firm’s name, the contract number, the contract period of performance and/or contract completion date, the contract’s aggregate value, a brief description of the project, a POC, the POC’s telephone number, fax number, and email address.

12. CONTRACTOR FEEDBACK: Help us in BUILDING STRONG. Please provide us with your feedback, comments and recommendations for improvement by visiting our Interactive Customer Evaluation (ICE)

Website at:

http://ice.disa.mil/index.cfm?fa=card&service_provider_id=110826&site_id=856&service_category_ID=14

13. VETERANS EMPLOYMENT EMPHASIS FOR U.S. ARMY CORPS OF ENGINEERS CONTRACTS:

In addition to complying with the requirements outlined in FAR Part 22.13, FAR Provision 52.222-38, FAR Clause 52.222-35, FAR Clause 52.222-37, DFARS 222.13 and Department of Labor regulations, U.S.

Army Corps of Engineers (USACE) contractors and subcontractors at all tiers are encouraged to promote the training and employment of U.S. veterans while performing under a USACE contract. While no set-aside, evaluation preference, or incentive applies to the solicitation or performance under the resultant http://www.fsd.gov/ http://ice.disa.mil/index.cfm?fa=card&service_provider_id=110826&site_id=856&service_category_ID=14 contract, USACE contractors are encouraged to seek out highly qualified veterans to perform services under this contract.

The following resources are available to assist USACE contractors in their outreach efforts:

U.S. Department of Labor Veterans employment: www.vets.gov/

Federal veteran employment information: www.fedshirevets.gov/index.aspx

Veterans’ employment and Training Service (VETS): http://www.dol.gov/vets/

Veterans Opportunity to Work (VOW) Hiring our Heroes initiative:

www.uschamberfoundation.org/hiring-our-heroes

TECHNICAL SPECIFICATIONS

The Technical Specifications (W912P5-20-Q-0047_Specs- RTA.pdf) is attached as a separate document but is intended to be part of this solicitation.

This document has eighty-one (81) pages.

TECHNICAL PLANS

The Technical Plans (W912P5-20-Q-0047_Plans_Certified Final Documents – RTA.pdf) are attached as a separate document but is intended to part of this solicitation.

This document has seven (7) pages.

QUOTE SCHEDULE

CLIN DESCRIPTION QUANTITY UNIT TOTAL COST

0001 KY Lock Miter Gate Fender Fabrication 1 Job (JA) ______________________

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Miter Gate Fenders

FFP

This work consists of furnishing all equipment, labor, and materials required for the fabrication and delivery of ten (10) type NF-11 fenders and twenty eight (28) type NF-13 fenders, comprised of steel, rubber, and UHMW PE (fenders are bumpers) in accordance with the Technical Specifications and drawings. NOTE:

The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide a DoD unique identification or a DoD recognized unique identification equivalent.

FOB: Destination

PSC CD: 9640

NET AMT

http://www.vets.gov/ http://www.fedshirevets.gov/index.aspx http://www.dol.gov/vets/ http://www.uschamberfoundation.org/hiring-our-heroes

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

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 01-MAR-2021 1 WEST KY AREA OFC,KENTUCKY LOCK

CALEB SKINNER

265 KENTUCKY LOCK ROAD

GRAND RIVERS KY 42045-9706

270-362-4226

FOB: Destination

W912P5

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984

52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

JUN 2020

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

Content Paper

MAY 2011

52.204-7 System for Award Management OCT 2018

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011

52.204-13 System for Award Management Maintenance OCT 2018

52.204-16 Commercial and Government Entity Code Reporting AUG 2020

52.204-18 Commercial and Government Entity Code Maintenance AUG 2020

52.204-22 Alternative Line Item Proposal JAN 2017

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

AUG 2020

52.204-26 Covered Telecommunications Equipment or Services--

Representation.

DEC 2019

52.211-17 Delivery of Excess Quantities SEP 1989

52.212-1 (Dev) Instructions to Offerors - Commercial Items. (DEVIATION

2018-O0018)

JUN 2020

52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018

52.219-6 (Dev) Notice of Total Small Business Set-Aside (DEVIATION

2020-O0008).

MAR 2020

52.222-20 Contracts for Materials, Supplies, Articles, and Equipment JUN 2020

52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.242-13 Bankruptcy JUL 1995

52.247-34 F.O.B. Destination NOV 1991

52.253-1 Computer Generated Forms JAN 1991

252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013

252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

DEC 2019

252.204-7015 Notice of Authorized Disclosure of Information for Litigation

Support

MAY 2016

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Country that is a State Sponsor of

Terrorism

MAY 2019

252.211-7008 Use of Government-Assigned Serial Numbers SEP 2010

252.215-7008 Only One Offer JUL 2019

252.215-7013 Supplies and Services Provided by Nontraditional Defense

Contractors.

JAN 2018

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013

252.225-7001 Buy American And Balance Of Payments Program-- Basic DEC 2017

252.225-7002 Qualifying Country Sources As Subcontractors DEC 2017

252.225-7048 Export-Controlled Items JUN 2013

252.225-7052 Restriction on the Acquisition of Certain Magnets and

Tungsten.

DEC 2019

252.225-7974 (Dev) Representation Regarding Business Operations with the

Maduro Regime (DEVIATION 2020-O0005)

FEB 2020

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006

252.232-7017 Accelerating Payments to Small Business Subcontractors--

Prohibition on Fees and Consideration

APR 2020

252.243-7001 Pricing Of Contract Modifications DEC 1991

252.243-7002 Requests for Equitable Adjustment DEC 2012

252.244-7000 Subcontracts for Commercial Items JUN 2013

252.247-7023 Transportation of Supplies by Sea FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2016)

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

Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public Web sites) or simple transactional information, such as necessary to process payments.

Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on

National Security Systems Instruction (CNSSI) 4009).

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

Safeguarding means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices

(including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other

Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order

13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(End of clause)

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in the provision at 52.204-26, Covered Telecommunications Equipment or Services--Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause

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

Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM)

(https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that--

(1) It [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds

"will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--

It [ ] does, [ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as

OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered

(include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as

OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered

(include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JUN 2020)

ALTERNATE I (OCT 2014)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

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

“Covered telecommunications equipment or services” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

“Forced or indentured child labor” means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or https://www.sam.gov/

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

“Inverted domestic corporation,” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

“Sensitive technology”—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act

(50 U.S.C. 1702(b)(3)).

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

“Small disadvantaged business concern, consistent with 13 CFR 124.1002,” means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

“Subsidiary” means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Veteran-owned small business concern” means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

“Women-owned small business concern” means a small business concern --

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least

51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127),” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the

United States.

(b)

(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and

Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs __.

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

http://www.sam.gov/

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract is to be performed in the

United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a small business concern.

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.]The offeror represents that it [ ___ ] is, [ ___ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.]The offeror represents that it [ ___ ] is, [ ___ ] is not a women-owned small business concern.

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that—

(i) It [ ___ ] is, [ ___ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB

Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ___ .] Each

WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that—

(i) It [ ___ ] is, [ ___ ] is not an EDWOSB concern, has provided all the required documents to the WOSB

Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ___ .] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ___ ] is, a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:

(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that--

(i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, on the

List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have…