W912P521Q0008 Solicitation Final.pdf

SEE ADDENDUM

(No Collect Calls)

W912P521Q0008 06-Jan-2021

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

12:00 PM 25 Jan 2021

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 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

KATHRYN H PASCUAL

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

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

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

US ARMY CORPS OF ENGINEERS-CELRN-RC-N

DIRECTORATE OF CONTRACTING

110 9TH AVENUE SOUTH, RM A680

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 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

615-736-7124FAX:

TEL: 615-736-7932 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$8,000,000

NAICS:

531320

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 OF47

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.

W912P521Q0008

Section SF 30 - BLOCK 14 CONTINUATION PAGE

QUOTE INSTRUCTIONS

QUOTE INSTRUCTIONS

1. DESCRIPTION: The U.S. Army Corps of Engineers – Nashville District (USACE – LRN) has a need to establish Blanket Purchase Agreements (BPA) with qualified real estate appraisal firms for obtaining appraisals for residential and/or non-residential properties on an as needed basis. The general geographical location of the properties are various locations in Tennessee, Bell and Harlan Counties in Kentucky, and Buchanan, Dickinson and Lee Counties in Virginia. The contract associated with this BPA is dependent on annual appropriation of funds by the U.S. Congress and State and Local Governments as applicable.

2. TYPE OF CONTRACT: The Government intends to award multiple commercial service Firm-Fixed Price Blanket Purchase Agreements (BPAs).

3. EXTENT OF OBLIGATION: The Government is obligated only to the extent of authorized calls actually places against the BPA.

4. ORDERS AND LIMITATIONS: Each BPA Call has a maximum limit of $2,500.00 by an Ordering Officer (Government Purchase Card Holder) and $250,000.00 maximum limit by a Contracting Officer.

5. PERIOD OF PERFORMANCE: The BPAs period of performance will be 5 years from the date of award.

Call order period of performance will be established on an individual call order basis.

6. BASIS FOR AWARD: Award shall be made to all contractors who are determined to be responsible and meet at least one (1) of the equipment requirements listed in the performance work statement.

7. PLACE OF DELIVERY: Services will be provided various properties. The general geographical location of the properties are various locations in Tennessee, Bell and Harlan Counties in Kentucky, and Buchanan, Dickinson and Lee Counties in Virginia. Delivery location will be specified per call order.

8. INSURANCE. Contractor shall carry Liability Insurance. See FAR clause 52.228-5, Insurance – Work on A Government Installation.

9. QUESTIONS: Questions regarding the solicitation must be submitted to Kathryn Pascual via email at Kathryn.H.Pascual@usace.army.mil no later than 11:00 AM, Central Time on Wednesday, January 13, 2021.

10. QUOTE SUBMISSION: Quotes shall be submitted no later than 12:00 PM, Central Time on Monday, January 25, 2021 and can be emailed to Kathryn Pascual at Kathryn.H.Pascual@usace.army.mil

a. The quote shall include the following elements to be considered for the BPA:

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

(2) Complete Bid Schedule and BPA questionnaire (attached).

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

(4) Acknowledge and complete FAR 52.204-24.

FAR 52.212-3 Alt I: If your System for Award Management (SAM) registration is current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of your offer- only paragraphs (b) and (k)(2) need filled in; otherwise complete the entire provision.

(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, 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

(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 may be 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.

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

STATEMENT OF WORK

USACE Blanket Purchase Agreement for Appraisal Services General Scope of Work

Synopsis The U.S. Army Corps of Engineers – Nashville District (USACE – LRN) has a need to establish a BPA with qualified real estate appraisal firms for obtaining appraisals for residential and/or non-residential properties on an as needed basis. The general geographical location of the properties are various locations throughout Davidson, Franklin, Wilson, Sumner, Montgomery, Robertson, Cheatham, Stewart, Smith, Dekalb, White, Putnam, Clay and Jackson Counties in Tennessee, Bell, Whitley, and Harlan Counties in Kentucky, and Buchanan, Dickinson and Lee Counties in Virginia. The contract associated with this BPA is dependent on annual appropriation of funds by the U.S. Congress and State and Local Governments as applicable.

Appraisals of residential properties is hereby defined as ownerships with four or fewer habitable residential structures either attached or detached. Appraisals of non-residential properties is hereby defined as ownerships with five or more habitable structures either attached or detached, ownerships containing structures capable of use as a commercial enterprise even if vacant and/or requiring renovations, and may include religious facilities.

For the purposes of this BPA, appraisals of unimproved land shall be considered residential if the portion of the property acquired contains 5 acres or less regardless of the highest and best use, except for what is stated below.

Appraisals of unimproved land shall be considered non-residential if the portion of the property acquired contains more than 5 acres. If the portion of the property acquired contains 5 acres or less but the ownership contains a commercial enterprise such as a used car dealership, a parking lot, a mobile home park or similar type of commercial use, the land shall be considered non-residential.

Non-residential properties with structures may include storefronts and general retail, commercial service oriented use, banks, office, quick service restaurants, and other similar uses. Acquisitions may include unimproved land as previously described, partial acquisitions of the fee simple estate and interests that are less than the fee simple estate.

In accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as amended (Public Law 91-646), the principal appraiser must contact each landowner and afford the landowner or their designated representative the opportunity to accompany the appraiser on the site inspection of the subject property. The contact of the landowner and whether or not the landowner or their designated representative did or did not accompany the appraiser on the site inspection of the subject property must be documented in the appraisal report. The principal appraiser must physically perform the site inspection of the subject property and sign the appraisal report and appraiser certification. The principal appraiser should be familiar with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as amended (Public Law 91-646).

Some of the properties may be under threat of condemnation, and as such the appraisal firms should include in their proposals fees to update each type of appraisal report to the filing of the Declaration of Taking called the “Date of Taking Appraisal”. A fee should also be quoted for each type of appraisal report for revisions to an already reviewed and approved appraisal report. Revisions may become necessary subsequent to a reviewed and approved appraisal report due to a physical change to the subject property that occurs prior to the acquisition of the property by the Government.

General Appraisal Requirements Under the BPA, the principal appraiser will be provided a Statement of Work for each appraisal assignment that provides specific details of the subject property and the minimum appraisal requirements that will guide the technical review by the District Review Appraiser. The principal appraiser shall determine the highest and best use of all properties that are assigned to be appraised. The final value conclusion shall be allocated among the land and improvements, if applicable, as required by UASFLA.

The principal appraiser who is contracted to perform appraisal services must hold an active and valid Certified General Real Estate Appraiser License in the State where the subject property is located. The principal appraiser must be geographically competent in the market area where the subject property is located. The principal appraiser must have a thorough understanding of the current edition of the Uniform Appraisal Standards for Federal Land Acquisitions (UASFLA) also known as Yellow Book. The principal appraiser must have documented experience in appraising similar properties in the same geographical area as described in this Scope of Work that complied with UASFLA. Every appraisal report shall briefly describe the principal appraiser’s geographical competence and their experience that enables them to comply with the competency rule of USPAP.

The appraisal report will be a narrative appraisal report that contains all the necessary data and information for a technical review to be performed by the District Review Appraiser. The body of the appraisal report and/or the addenda shall contain all the data analyzed by the appraiser to form the reported opinions and conclusions. The appraisal report must be credible, reasonable and appropriately supported by the data included in the report in order to be approved by the District Review Appraiser.

Upon completion of the draft appraisal report, it must be submitted in pdf format to the District Review Appraiser for a technical review. Each appraisal report will be reviewed for compliance with the USACE provided statement of work, UASFLA, USPAP, USACE regulations and other applicable appraisal standards. Findings of inadequacy, if any, will require clarification and/or revisions prior to approval of the report. If any revisions are required, a revised draft appraisal report in pdf format must be submitted to the District Review Appraiser. Once the draft appraisal report is approved by the District Review Appraiser, a final signed copy of the report must be submitted in pdf format to the District Review Appraiser prior to payment of the invoice for services rendered.

Appraisal Standards The appraisal process and the appraisal reports submitted for review must comply with the applicable provisions of the current edition of UASFLA (Yellow Book), the applicable provisions of the current edition of USPAP, the applicable requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as amended (Public Law 91-646) as amended, Federal Regulations 49 CFR, Part 24, and USACE ER 401-1-04. No other supplemental standards will be applicable.

Bid Schedule

Submit costs for individual items below Non-Residential Appraisals (Improved): $___________________ Estimated Completion Time From Order (Days): ___________________ Residential Appraisals (Improved): $ ___________________ Estimated Completion Time From Order (Days): ____________________ Non-Residential Appraisals (Unimproved Land): $___________________ Estimated Completion Time From Order (Days): ____________________ Residential Appraisals (Unimproved Land): $ ____________________ Estimated Completion Time From Order (Days):

Costs for Updates Update Non-Residential Appraisals (Improved): $____________________ Estimated Completion Time From Order (Days): _____________________ Update Residential Appraisals (Improved): $_____________________ Estimated Completion Time From Order (Days): ______________________ Update Non-Residential Appraisals (Unimproved Land): $__________________ Estimated Completion Time From Order (Days): ______________________ Update Residential Appraisals (Unimproved Land): $_____________________ Estimated Completion Time From Order (Days): ______________________

Costs for Revisions (Already Reviewed and Approved Appraisal Report) Update Non-Residential Appraisals (Improved): $ ____________________ Estimated Completion Time From Order (Days): ______________________ Update Residential Appraisals (Improved): $_____________________ Estimated Completion Time From Order (Days): ______________________ Update Non-Residential Appraisals (Unimproved Land): $___________________ Estimated Completion Time From Order (Days): ______________________ Update Residential Appraisals (Unimproved Land): $ ____________________ Estimated Completion Time From Order (Days): _________________________

TERMS AND AGREEMENTS

1. Description of Agreement: This Blanket Purchase Agreement (BPA) is established to The U.S. Army

Corps of Engineers – Nashville District (USACE – LRN) has a need to establish a BPA with qualified real estate appraisal firms for obtaining appraisals for residential and/or non-residential properties on an as needed basis. The general geographical location of the properties are Bell and Harlan Counties in Kentucky, and Buchanan, Dickinson and Lee Counties in Virginia. The contract associated with this BPA is dependent on annual appropriation of funds by the U.S. Congress and State and Local Governments as applicable.

2. Extent of Obligation: The Government is obligated only to the extent of authorized calls actually placed against this Blanket Purchase Agreement.

3. Maximum Discounts: The prices to the Government will be as low as or lower than those charged your most favored customer, in addition to any discounts for prompt payment.

4. Purchase Limitations: Each BPA Call has a maximum limit of $2,500 by an Ordering Officer (Government Purchase Card Holder) and $250,000 maximum limit by a Contracting Officer.

5. Individuals Authorized to Purchase under the BPA: All Contracting Officers of the Nashville District’s Contracting Division are authorized to purchase under the BPA.

6. Delivery Tickets: All deliveries made under this agreement will be accompanied by delivery tickets or sales slips, in duplicate, and will show the following: Name of Supplier, Number of this Agreement, Date of Call, Itemized List of Supplies or Services Furnished, Quantity, Unit Price, and Extension of each less applicable discounts, and Date of Delivery or Shipment. The delivery ticket must be signed by the Government employee to whom delivery is made.

7. Invoices: An itemized invoice shall be submitted for all deliveries made. Invoices need not be supported by copies of delivery tickets. Contractor will be paid for actual usage only.

8. Payment: Method of payment for services will be VISA or USACE Finance Center.

9. Request for Quote: Requests will be made via email.

10. Cancellations/terminations: This Agreement may be cancelled/terminated in its entirety at no cost to either party. The party desiring to cancel/terminate this Agreement shall serve to the other party a written notice of such intent at least thirty (30) calendar days prior to the effective date of the cancellation/termination. The parties agree that the cancellation shall have no effect on any Call not completed by the effective date of the cancellation/termination. The Contractor shall complete such Calls under the terms and conditions of this Agreement.

11. Applicability: The terms and conditions of this Agreement shall be applicable to all BPA Calls issued citing this document.

12. Binding contract: Upon issuance of a BPA Call by an authorized individual, a binding contract shall be established between the Contractor and the Contracting Activity/Government. All vendors are cautioned that they are not to accept BPA Calls against the BPA from any individual that is not a Contracting or Ordering Officer with the US Army Corps of Engineers, Nashville District.

13. Non Payment for Quotes: The Government shall not be liable for reimbursement of any Contractor quote preparation costs for this RFQ or any Call request issued for a BPA Call proposal under this Agreement, whether the request is funded or is issued under advance call request authority given to the Contracting Office.

14. BPA call order process: Upon identification of a requirement within the scope of this BPA, the Contracting Activity shall send a Request for Quote (RFQ) to the BPA holder. The RFQ will include Technical Specifications/Performance Work Statement (PWS) which will detail what is required, and when and where it is to be delivered. The BPA Holder (s) will respond to that RFQ. The basis for award will be included in each RFQ. Calls may be evaluated on price only or price and other factors in order to obtain the best value for the Government.

15. Contracting Points of Contacts:

Kathryn Pascual, Contract Specialist, Kathryn.H.Pascual@usace.army.mil Ray Kendrick, Contracting Officer, (615) 736-7932, Ray.Kendrick@usace.army.mil

BPA QUESTIONAIRE

A. Name of your firm:

B. CAGE:

C. Are you a Small Business classified under the above NAICS code? If so, do you fall into a sub-category (e.g.

HubZone, 8(a), SDVOSB, WOSB, etc.)?

D. Point of Contact, Phone number, and e-mail address:

E. A Statement of Capability (SOC) stating your skills, experience, and knowledge required to perform the specified type of work. This SOC should be a brief description of your company's capabilities. Include a statement detailing any special qualifications and certifications, applicable to the scope of this project, held by your firm and/or in-house personnel.

F. Please list a Federal contract successfully completed, similar to the above referenced type of work:

a) Year completed:

b) Dollar amount:

c) General Description of project:

G. How many full time appraisers do you employ that hold a valid State License as an Attorney for the following states:

a) Tennessee:

b) Kentucky:

c) Virginia:

H. Please list previous experience in appraisal services for similar properties in the same geographical areas as described in this Statement of Work.

I. Have your appraisers written reports that conform to Standards established under the requirements of the UASFLA, USPAP, USACE regulations and other applicable appraisal standards?

J. If this requirement is advertised, do you anticipate submitting a bid?

K. Please provide any additional information you feel is necessary:

WAGE DETERMINATIONS

Kentucky Wage Determinations

Wage Determination No.: 2015-4708 Revision No.: 14 Date Of Last Revision: 05/06/2020 Area: Kentucky Counties of Bell Breathitt Clay Harlan Jackson Knott Lee Leslie Letcher Morgan Owsley Perry Wolfe

Virginia Wage Determinations

Wage Determination No.: 2015-4318 Revision No.: 14 Date Of Last Revision: 04/24/2020 Area: Virginia Counties of Buchanan Dickenson Galax Grayson Lee Norton Russell Smyth Tazewell Wise

Tennessee Wage Determinations Wage Determination No.: 2015-4648 Revision No.: 16 Date Of Last Revision: 06/18/2020 Area: Tennessee Counties of Cannon Cheatham Davidson Dickson Hickman Macon Maury Robertson Rutherford Smith Sumner Trousdale Williamson Wilson

Wage Determination No.: 2015-4656 Revision No.: 14 Date Of Last Revision: 05/03/2020

Area: Tennessee Counties of Coffee Franklin Grundy

Wage Determination No.: 2015-4676 Revision No.: 12 Date Of Last Revision: 06/18/2020 Area: Kentucky Counties of Christian Trigg Tennessee County of Montgomery

Wage Determination No.: 2015-5748 Revision No.: 14 Date Of Last Revision: 05/03/2020 Area: Tennessee County of Stewart

Wage Determination No.: 2015-4662 Revision No.: 14 Date Of Last Revision: 05/03/2020 Area: Tennessee Counties of Clay De Kalb Jackson Overton Putnam Warren White

Section SF 1449 - CONTINUATION SHEET

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 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 52.211-17 Delivery of Excess Quantities SEP 1989 52.212-1 (Dev) Instructions to Offerors - Commercial Items. (DEVIATION

2018-O0018)

JUN 2020

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.237-2 Protection Of Government Buildings, Equipment, And Vegetation

APR 1984

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

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

DEC 2019

252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors.

JAN 2018

252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or Hazardous Materials

SEP 2014

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7048 Export-Controlled Items JUN 2013 252.225-7974 (Dev) Representation Regarding Business Operations with the

Maduro Regime (DEVIATION 2020-O0005)

FEB 2020

252.225-7975 (Dev) Additional Access to Contractor and Subcontractor Records

(DEVIATION 2020-O0022)

AUG 2020

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Items OCT 2020

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 (OCT 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 paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-- Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(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 (NOV 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

(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.

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

“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"—

(1) 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.

(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.

“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.

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)…