W912P524Q0049 - BAR Playground Purchase (4 Sep 24).pdf

SEE ADDENDUM

(No Collect Calls)

W912P524Q0049 04-Sep-2024

b. TELEPHONE NUMBER

615-736-7917

8. OFFER DUE DATE/LOCAL TIME

01:00 PM 18 Sep 2024

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

ROBERT S ELLIS

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

W38XDD42271399

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-CT CONTRACTING BRANCH

110 9TH AVE S STE 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 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: 615-736-7917 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

NAICS:

339920

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

x X

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF48

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.

W912P524Q0049

Section SF 1449 - CONTINUATION SHEET

Statement of Work

Project Description: The Nashville District Contracting Division has a requirement from the Nashville District Operations Division to supply, deliver, and install an ADA compliant playground at Cadiz Recreation Area in Cadiz, Kentucky on Lake Barkley.

**NOTE – Quote should not include the installation of borders or surface material. Poured in place rubber surfacing will be installed under a separate contract after this equipment is installed.

Basis of Award: The award will be made to the responsible Offeror whose quote conforms to the minimum requirements of the solicitation and offers the best overall value to the Government with appropriate consideration given to the following evaluation factors:

1) Compliance with Minimum Requirements

2) Playground Design, and

3) Quality of Equipment

4) Price

*Playground designs that allow more children to play simultaneously and have as many ADA compliant/handicapped accessible features will be evaluated more favorably.

Offerors are reminded to include their best technical and price terms in their initial offer and not to assume they will have an opportunity to participate in discussions or be asked to submit a revised offer.

Quotes are intended to be evaluated and an award made without discussions with Offerors unless discussions are determined to be necessary.

Offerors are cautioned that the award may not necessarily be made to the lowest price.

Evaluation Process: Since playground equipment and design varies substantially, this solicitation is seeking the best value quote that can be procured within the available budget of $169,000.00. Quotes will be evaluated and ranked using a three (3) factor process: 1) Compliance with Minimum Requirements, 2) Playground Design, and 3) Quality of Equipment.

1) Minimum Requirements: The Offeror shall provide between one and three playground quotes that meet the following minimum criteria. Quotes that do not meet all the following requirements will not be given consideration for award.

• Proposed Price including all equipment, delivery, and professional installation shall be no more than $169,000.00.

• Quotes must include the following documents:

o Completed quote sheet (attached) o Design plan view and 3-D view of the playground with labels for each individual play feature o 3-D color rendering using an earth tone color theme (various shades of green, tan, brown, and gray) o Material/component specification sheet o Listing of similar sized recent projects with references o Commercial warranty information

• Playground design must be ADA compliant and include the following:

o A wheelchair accessible first level with an inclusive rocker/glider feature o Three (3) stand-alone inclusive musical play elements o A wheelchair accessible spinner/orbit feature

• Playground design shall include a minimum of four (4) swings with at least one (1) inclusive swing seat and one (1) bucket toddler seat.

• Playground equipment shall be commercial grade suitable for ages 5-12 and meet ASTM F148707 standards.

• Playground shall have a maximum fall height of 8 feet.

• All equipment shall fit within a 101’ x 51’ use zone.

• The installation of all equipment shall be completed according to manufacturer’s specifications. Installers shall be professionally certified, and all equipment will be installed in accordance with current rules and regulations set forth by the Consumer Product Safety Commission and the American Society for Testing and Materials Standards F-1487-93. **NOTE – poured in place rubber surfacing will be installed under a separate contract after this equipment is installed.

• Delivery and installation shall be completed within 90 days of contract award.

2) Playground Design: Quotes meeting or exceeding the following design criteria will be evaluated more favorably.

• Design shall be unique and include at least 20 different play events with a variety of play types including swings, slides, overhead/climbing features, panels, and musical features.

• Design shall include an integrated roof(s) or shade(s) that provide coverage for at least 30% of the play events/activities.

• Color palate shall be customizable upon contract award.

3) Quality of Equipment: Quotes meeting or exceeding the following material specifications will be evaluated more favorably. Specification sheet shall be included with all quotes.

• 12-guage steel decks with UV stabilized PVC coating.

• Tamper resistant stainless-steel hardware.

• Clamping assembly system.

• Anti-wrap swing hangers for swings.

• 5” OD, 11-gauge, galvanized steel, powder-coated support posts with caps.

• Plastic components shall be a minimum of ¼” thick high-density polyethylene (HDPE).

• Minimum 15-year limited warranty on all non-moving parts including posts, hardware, decks, pipes, rungs, rails, and molded plastics.

Delivery and installation address:

Cadiz Recreation Area 31 Hamilton Street Cadiz, KY 42211

** Note – this area is open to the public and does not require special access credentials to enter.

Pre-bid Site Visit: Offerors are encouraged to visit the site to identify any possible issues associated with site access and installation..

Additional Information: The vendor will be required to inspect the installation of the equipment on site with the installer and a government representative. Upon the completion of the inspection, if the play structure installation complies with current installation requirements, the vendor shall provide a letter within 2 weeks of the final inspection. This letter should be verified by the company's certified installer and should state that the play structure has been correctly installed in accordance with current safety regulations and that the installation conforms to current Consumer Product Safety Commission rules and regulations. The letter will be sent to: Kayl Kite, Resource Manager, U.S Army Corps of Engineers, Lake Barkley, P.O. Box 218, Grand Rivers, KY 42045. Phone: 270-362- 4236.

Work Period: The work listed shall start within the time frame specified. Work shall be completed and approved by the dates stated on the purchase order. Working days shall be limited to Monday through Friday during daylight hours. No work will be performed on weekends or on Federal Holidays. Federal Holidays are listed below:

• 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).

•Juneteenth National Independence Day (June 19).

• 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)

Contractor Furnished Items: The contractor shall supply all equipment, labor, and tools of the trade to complete the installation of the playground within the specified time frame listed.

Government Furnished Items: The Government will furnish a delineated impact area.

Cleanup: All equipment, materials and supplies used by the contractor will be kept neat and orderly during installation. All tools, equipment, materials and supplies left un- attended on site shall be the responsibility of the installers and the Government shall not be responsible for these items. All tools, equipment, materials, supplies and other debris from the installation shall be removed from the site before final payment is made to the vendor.

Weather Conditions: The government will delay work when conditions are determined to be unfavorable for accomplishing work. The completion date will be extended if such circumstances arise during the contract period.

Vehicle Use: The contractor will have limited access to grass area and will not park or drive on sod areas at any time without approval from a Government Representative.

Vegetation: No vegetation will be removed from any area during this contract work. Any vegetative damage or rutting of the existing sod caused by the vendor or the vendor’s subcontractors to the surrounding work area shall be repaired. The repair will include re-grading, seeding with KY 31 fescue, and mulching with straw.

Pre-work meeting: A pre-work meeting on the work site will be held to review the proposed work specifications and view the impact area. It shall be the responsibility of the vendor to schedule a pre-work meeting.

Safety: If the contractor fails or refuses to promptly comply with safety and security requirements as specified herein the Resource Manager may issue an order stopping all or part of the work until satisfactory corrective action has been taken. No part of the time lost due to any such stoppage shall be made subject to claim for extension of time or for excess costs or damages to the contractor. The contractor will not be paid for work not performed as a result of the stop order. Work shall not resume until the contractor provides evidence to the Resource Manager that he/she has complied or will comply with appropriate safety and security regulations. The contractor shall comply with current provisions of the Environmental Review Guide for Operations (ERGO), Occupational Safety and Health Act (OSHA) in addition to the standards of the Corps of Engineers Manual, EM 385-1-1, "Safety and Health Requirements Manual".

Accident Reports: The contractor shall maintain an accurate record of accidents and shall report to the Resource Manager in the manner and on the forms prescribed by the Corps, accidents within 24 hours of the occurrence.

Serious accidents (those resulting in death or injury requiring medical attention) shall be reported immediately.

Activity Hazard Analysis: An Activity Hazard Analysis shall be prepared for all work and submitted to the government prior to the beginning of work. The contractor's AHA (Activity Hazard Analysis) shall be reviewed with an onsite safety meeting prior to the start of work. At the safety meeting the onsite contract superintendent will review in the presence of all employees that are performing the work and in the presence of a government representative, a prepared A.H.A. (Activity Hazard Analysis) that list any potential job hazards. After the review of the AHA the contract superintendent and all employees shall sign and date the AHA. Any additional employees that are added to the work project must review, sign and date the AHA and the final AHA shall be submitted to the government.

Safety Precautions: The contractor shall provide all necessary safety equipment, tools and signs as may be required. Any equipment found not to conform to the "Safety and Health Requirements Manual" shall be removed from Government property. Precautions shall be taken to eliminate safety hazards; the work area shall be clearly marked to warn approaching vehicles, pedestrians or visitors. The contractor shall provide and maintain barricades, signs, and other warning devices as necessary for the protection of public safety. The contractor shall assure that the work area is checked to eliminate any hazards, keeping equipment, materials and supplies clear from main roadways and access roads. Additional care shall be taken to secure equipment and materials during weekends or during non-workdays. All work debris and other trash shall be collected, secured, or removed at the completion of each workday.

Personal Protective Equipment: Personal protective equipment shall be worn while performing all work including hardhats, safety glasses, gloves, work boots, safety vest, hearing protection. All contract employees shall wear appropriate clothing with a company logo or identification. No sleeveless shirts, shorts or tennis shoes will be permitted while performing the work. Failure to comply with safety regulations will be grounds for an immediate work stoppage.

Inspections of Work: Inspections of the job progress will be performed periodically throughout the work by a government representative. Final payment will not be processed until a written certification is received that the playground conforms to all local, state and federal requirements as stated in the Scope of Work.

Invoices: May be mailed to Resource Manager, Lake Barkley, P.O. Box 218, Grand Rivers, KY 42045, Attn: Kayl Kite or the invoices may be e-mailed to (kayl.kite@usace.army.mil ).

Contract Employees: All contract employees and subcontractors shall always conduct themselves in a proper manner. No alcoholic or intoxicating beverages or substances, illegal drugs, or controlled substances (not prescribed by a physician) shall be possessed or consumed while on Government property. Contracts shall not be under the influence of any of these substances while on Government property.

The Contractor shall remove from the site any individual whose continued employment is deemed by the appointed receiving agent to be contrary to the public interest or inconsistent with the best interests of the U.S. Army Corps of Engineers.

The Contracting Officer or the appointed receiving agent will require the Contractor to immediately remove from the work site anyone who is incompetent or who endangers persons or property or whose physical or mental condition is such that it would impair the employee’s ability to satisfactorily perform the work. Notification to the Contractor will be made in writing if time and circumstances permit. Otherwise, notification will be verbal and will be confirmed in writing as soon as possible. No such removal, however, will reduce the Contractor's obligation to perform all work required under this contract and immediate replacement shall be made as required.

Sustainability: The Contractor shall provide EPA designated recycled materials to the furthest extend possible in accordance with the following website: https://www.epa.gov/smm/comprehensive-procurement-guideline-cpgprogram. Specific equipment and products detailed in this specification shall take precedence over products manufactured from recycled materials.

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 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 and Training Service (VETS):

https://www.dol.gov/vets/

- Federal Veteran Employment Information: https://www.fedshirevets.gov/

- Veterans Opportunity to Work (VOW) Program: https://www.benefits.va.gov/vow/

- U.S. Army Warrior Transition Command Employment Index:

https://wct.army.mil/modules/employers/index.html

- Hiring Our Heroes: https://www.uschamberfoundation.org/hiring-our-heroes

OFFEROR INSTRUCTIONS

1. DESCRIPTION OF WORK: This is a Total Small Business Set-Aside for all materials, labor, supervision, and quality control necessary to construct the required playground equipment as well as oversight on installation.

2. TYPE OF CONTRACT: The Government intends to award a Firm-Fixed Price supply contract under NAICS Code: 339920 - Sporting and Athletic Goods Manufacturing

3. BASIS FOR SELECTION OF AWARD AND EXERCISE OF OPTIONS: The award will be made to the responsible Offeror whose quote conforms to the minimum requirements of the solicitation and offers the best overall value to the Government with appropriate consideration given to the following evaluation factors: 1) Compliance with Minimum Requirements 2) Playground Design, 3) Quality of Equipment, and 4) Price.

4. PLACE OF DELIVERY:

Cadiz Recreation Area 31 Hamilton Street Cadiz, KY 42211

5. PERIOD OF PERFORMANCE: The completion date for this contract is 90 calendar days from the contract award.

6. QUESTIONS: Questions must be submitted to R. Scott Ellis via email at Robert.S.Ellis@usace.army.mil no later than 2:00 p.m. CT on 16 September 2024. After that time no further questions will be answered.

7. POC FOR COMMUNICATIONS: Any communications regarding this procurement before award must be made via email to the Contracting Branch to R. Scott Ellis at email Robert.S.Ellis@usace.army.mil. Inquiries must identify the solicitation number, the requestor’s company name, address, email address, and telephone number to include area code. Phone calls or requests to arrange meetings at the Nashville District during the solicitation period to discuss project requirements or company’s capabilities are highly discouraged and will not be allowed.

8. QUOTE SUBMISSION: Quotes shall be emailed to R. Scott Ellis at Robert.S.Ellis@usace.army.mil no later than the date and time specified in Block 8.

a. 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) Acknowledge all SF 30s, Amendment of Solicitation (if applicable).

(3) Complete the PRICE SCHEDULE which is provided as a separate document titled “Price Schedule – BAR Playground.xlsx”.

(4) In accordance with FAR 52.204-7, System for Award Management, registration is required in the System for Award Management (SAM) database located at www.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.” (See FAR 52.204-7(b)(1)). 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 (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 (www.sam.gov).

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 52.212-1 Instructions to Offerors--Commercial Products and

Commercial Services

SEP 2023

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

NOV 2023

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications.

JUN 2020

252.203-7000 Requirements Relating to Compensation of Former DoD Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7012

(DEV)

Safeguarding Covered Defense Informatino and Cyber Incident Reporting (DEVIATION 2024-O0013 REV 1)

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

JAN 2023

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

JAN 2023

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements NOV 2023 252.204-7020 NIST SP 800-171 DoD Assessment Requirements NOV 2023 252.204-7024 Notice on the Use of the Supplier Performance Risk System MAR 2023 252.223-7008 Prohibition of Hexavalent Chromium JAN 2023 252.225-7001 Buy American and Balance of Payments Program FEB 2024 252.225-7012 Preference For Certain Domestic Commodities APR 2022 252.225-7055 Representation Regarding Business Operations with the

Maduro Regime

MAY 2022

252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime

JAN 2023

252.225-7059 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region - Representation

JUN 2023

252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region

JUN 2023

252.225-7972 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems (DEVIATION 2020-O0015)

MAY 2020

252.225-7973 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems - Representation (DEVIATION 2020- O0015)

MAY 2020

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.244-7000 Subcontracts for Commercial Products or Commercial

Services

NOV 2023

252.247-7023 Transportation of Supplies by Sea JAN 2023

CLAUSES INCORPORATED BY FULL TEXT

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (NOV 2021)

(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 websites) 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 products or commercial services, 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 (NOV 2021)

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 Products and Commercial Services. 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)

52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS--REPRESENTATION

AND DISCLOSURES (DEC 2023)

(a) Definitions. As used in this provision, Covered article, FASCSA order, Intelligence community, National security system, Reasonable inquiry, Sensitive compartmented information, Sensitive compartmented information system, and Source have the meaning provided in the clause 52.204-30, Federal Acquisition Supply Chain Security Act Orders--Prohibition.

(b) Prohibition. Contractors are prohibited from providing or using as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the prohibition is set out in an applicable Federal Acquisition Supply Chain Security Act (FASCSA) order, as described in paragraph (b)(1) of FAR 52.204-30, Federal Acquisition Supply Chain Security Act Orders--Prohibition.

(c) Procedures.

(1) The Offeror shall search for the phrase "FASCSA order" in the System for Award Management (SAM)(https://www.sam.gov) for any covered article, or any products or services produced or provided by a source, if there is an applicable FASCSA order described in paragraph (b)(1) of FAR 52.204-30, Federal Acquisition Supply Chain Security Act Orders--Prohibition.

(2) The Offeror shall review the solicitation for any FASCSA orders that are not in SAM, but are effective and do apply to the solicitation and resultant contract (see FAR 4.2303(c)(2)).

(3) FASCSA orders issued after the date of solicitation do not apply unless added by an amendment to the solicitation.

(d) Representation. By submission of this offer, the offeror represents that it has conducted a reasonable inquiry, and that the offeror does not propose to provide or use in response to this solicitation any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA order in effect on the date the solicitation was issued, except as waived by the solicitation, or as disclosed in paragraph (e).

(e) Disclosures. The purpose for this disclosure is so the Government may decide whether to issue a waiver. For any covered article, or any products or services produced or provided by a source, if the covered article or the source is subject to an applicable FASCSA order, and the Offeror is unable to represent compliance, then the Offeror shall provide the following information as part of the offer:

(1) Name of the product or service provided to the Government;

(2) Name of the covered article or source subject to a FASCSA order;

(3) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied the covered article or the product or service to the Offeror;

(4) Brand;

(5) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);

(6) Item description;

(7) Reason why the applicable covered article or the product or service is being provided or used;

(f) Executive agency review of disclosures. The contracting officer will review disclosures provided in paragraph (e) to determine if any waiver may be sought. A contracting officer may choose not to pursue a waiver for covered articles or sources otherwise subject to a FASCSA order and may instead make an award to an offeror that does not require a waiver.

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

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

X This solicitation is seeking the best value quote that can be procured within the available budget of $169,000.00.

Quotes will be evaluated and ranked using the following factors in order of importance: 1) Compliance with Minimum Requirements, 2) Playground Design, 3) Quality of Equipment, and 4) Price.

Playground designs that allow more children to play simultaneously and have as many ADA compliant/handicapped accessible features will be evaluated more favorably.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

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

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAY 2024) ALTERNATE I (FEB 2024)

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, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. 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.

"Predecessor" means an entity that is replaced by a successor and includes any predecessors of the predecessor.

"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 (SDVOSB) concern" means a small business concern--

(1)(i) Not less than 51 percent of which is owned and controlled 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; or

(2) A small business concern eligible under the SDVOSB Program in accordance with 13 CFR part 128 (see subpart 19.14).

(3) Service-disabled veteran, as used in this definition, 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), and who is registered in the Beneficiary Identification and Records Locator Subsystem, or successor system that is maintained by the Department of Veterans Affairs' Veterans Benefits Administration, as a service-disabled veteran.

"Service-disabled veteran-owned small business (SDVOSB) concern eligible under the SDVOSB Program" means an SDVOSB concern that--

(1) Effective January 1, 2024, is designated in the System for Award Management (SAM) as certified by the Small Business Administration (SBA) in accordance with 13 CFR 128.300; or

(2) Has represented that it is an SDVOSB concern in SAM and submitted a complete application for certification to SBA on or before December 31, 2023.

"Service-disabled veteran-owned small business (SDVOSB) Program" means a program that authorizes contracting officers to limit competition, including award on a sole-source basis, to SDVOSB concerns eligible under the SDVOSB Program.

"Small business concern"--

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

(2) Affiliates, as used in this definition, means…