W912P524Q0050 PAO Cubicles Supply and Install.pdf

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Public Affairs Office (PAO) Cubicle Removal, Disposal, and Installation
Solicitation number
W912P524Q0050
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About this file

This document is a solicitation for a federal contract opportunity issued by the U.S. Army Corps of Engineers, Nashville District. The contractor shall provide all personnel, supervision, supplies, materials, equipment, tools, and transportation necessary to remove and dispose of the existing cubicles and provide new furniture including assembly and installation, in accordance with the performance work statement.

This is a 100% Total Small Business Set-Aside under NAICS code 337211, with a size standard of 1,000 employees. Award will be made to the lowest priced offeror who is determined to be responsive and responsible. Removal of existing cubicles, delivery and installation of new cubicles and associated furniture shall be completed no later than 90 days after contract award. Quotes must be submitted electronically by September 23, 2024. The government requires offerors to be registered in the System for Award Management (SAM) database and provide representations and certifications. Site visits can be scheduled by request prior to September 17, 2024.

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SEE ADDENDUM

(No Collect Calls)

W912P524Q0050 05-Sep-2024

b. TELEPHONE NUMBER

615-736-7917

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 23 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 X ARE

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

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W912P59. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

KERRI D BROGLIN

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

(TYPE OR PRINT)

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

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

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

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

W38XDD42070504

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:

1,100

NAICS:

337214

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 OF57

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.

W912P524Q0050

Section SF 1449 - CONTINUATION SHEET

QUOTE INSTRUCTIONS

QUOTE INSTRUCTIONS

1. DESCRIPTION OF SERVICES: This is a brand name or equal to requirement for The U.S. Army Corps of

Engineers, Nashville District located in Nashville, Tennessee. The contractor shall provide all personnel, supervision, supplies, materials, equipment, tools, and transportation necessary to remove and dispose of the existing cubicles and provide new furniture including assembly and installation, in accordance with the performance work statement (PWS).

2. TYPE OF CONTRACT: The Government intends to award a Firm-Fixed Price Supply Contract with incidental services.

3. TYPE OF SET ASIDE: This is a 100% Total Small Business Set-Aside under NAICS code 337211, (size standard: 1,000 Employees).

4. BASIS FOR SELECTION OF AWARD: Award shall be made to the lowest priced offeror who is determined to be responsive and responsible.

5. DELIVERY: Removal of existing cubicles, delivery and installation of new cubicles and associated furniture shall be completed no later than 90 days after contract award.

Delivery and installation shall be coordinated/scheduled at least fourteen (14) calendar days in advance.

Delivery Address:

USACE Nashville District, Public Affairs Office

Estes Kefauver Federal Building

110 9th Ave South

Nashville, TN 37203

Delivery shall not occur on Federal holidays. Federal Holidays include New Year's Day, Martin Luther King Jr.'s

Birthday, Washington's Birthday, Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day and Christmas Day.

6. QUESTIONS: Questions regarding the solicitation must be submitted to Kerri Broglin via email at

Kerri.D.Broglin@usace.army.mil. The deadline to submit questions is 17 September 2024 at 5:00 PM Central Time.

Any questions submitted will be addressed via solicitation amendment.

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.

7. QUOTE SUBMISSION: All quotes shall be submitted electronically via email to Kerri Broglin

Kerri.D.Broglin@usace.army.mil by the date and time listed in the solicitaion 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 SF30s, Amendment of Solicitation (if applicable).

(3) Price: Complete and sign the “Price Schedule”

(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)). Contractors must be registered in the System for Award Management (SAM) database (www.sam.gov) to receive an award.

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.

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).

(5) Contractors shall have representations and certifications completed in www.sam.gov OR provide completed paragraphs in FAR 52.212-3 Alternate 1 (Annual Representations and Certifications) found in the “Clauses Section” of this solicitation. If completing the aforementioned clause, provide with submitted quote.

(6) Provide business Unique Entity Identifier Number: _______________________________

(7) Provide business CAGE code: __________________________________

(8) Tax Identification Number: ____________________________________

8. NIST SP 800-171 DoD ASSESSMENT: In accordance with DFARS 204.7302, Contractors and subcontractors are required to provide adequate security on all covered contractor information systems. Contractors are required to implement National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171 by inclusion of clause at 252.204-7012, Safeguarding Covered Defense Information and Cyber incident Reporting, are required at time of award to have at least a Basic NIST SP 800-171 DoD Assessment that is current (i.e., not more than 3 years old unless a lesser time is specified in the solicitation).

SPRS provides storage and access to the NIST SP 800-171 assessment scoring information. To access the

NIST SP 800-171 Assessments module, users must be registered in the Procurement Integrated Enterprise

Environment (PIEE) https://piee.eb.mil/ and be approved for access to Supplier Performance Risk System (SPRS).

The NIST SP 800-171 DoD Assessment Methodology is located at:

https://www.acq.osd.mil/asda/dpc/cp/cyber/safeguarding.html#nistSP800171

9. Site Visit: In order to schedule a Site Visit, please submit EITHER a US Citizen Pre-bid Site Visit (Security)

Form OR a FN Pre-Bid Site Visit (Security) Form to Kerri Broglin at Kerri.D.Broglin@usace.army.mil.

Site Visits will only be scheduled by request and are only available from Monday - Friday, 8:00 AM - 2:00 PM. No site visits will be scheduled later than 17 September 2024 due to personnel and time restrictions.

10. APPARENT SUCCESSFUL OFFEROR: The following may be requested from the apparent 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, 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, and email address.

QUOTE SCHEDULE

CLIN / Description Qty. Unit Unit Price Total

0001 Removal and Disposal of Existing three (3) Cubicles 1 JOB $ ____________ $____________

0002 8’x8’ – 65” High Cubicle 4 EA (Each) $ ____________ $____________

0003 Sit-Stand Electric Desk 4 EA (Each) $ ____________ $____________

0004 Overhead Storage Cabinet 4 EA (Each) $ ____________ $____________

0005 65” Frosted Sliding Door 4 EA (Each) $ ____________ $____________

0006 Clampable Dual Monitor Arms 4 EA (Each) $ ____________ $____________

0007 Mobile File Cabinet with Cushion Top Seating 4 EA (Each) $ ____________ $____________

0008 Dry Erase Whiteboard 4 EA (Each) $ ____________ $____________

0009 Adjustable Height Chair 4 EA (Each) $ ____________ $____________

0010 Delivery and Installation 1 JOB $ ____________ $____________

Total Contract Amount $_____________

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 90 dys. ADC 1 N/A

FOB: Destination

0002 90 dys. ADC 4 N/A

0003 90 dys. ADC 4 N/A

0004 90 dys. ADC 4 N/A

0005 90 dys. ADC 4 N/A

0006 90 dys. ADC 4 N/A

0007 90 dys. ADC 4 N/A

0008 90 dys. ADC 4 N/A

0009 90 dys. ADC 4 N/A

0010 90 dys. ADC 1 N/A

PERFORMANCE WORK STATEMENT

Statement of Work

PAO Cubicle Removal, Supply & Installment

The U.S Army Corps of Engineers

110 9th Ave S Nashville, TN 37203

Background:

The U.S. Army Corps of Engineers, Nashville District has a requirement for new cubicles in the Public Affairs

Office (see attached floor plan). The existing three (3) cubicles must be disassembled and removed, with the new cubicles being required to be assembled and installed in the same configuration plus one (1) additional work space.

Requirement:

The contractor shall provide all personnel, supervision, supplies, materials, equipment, tools, and transportation necessary to remove and dispose of the existing cubicles and provide new furniture including assembly and installation, in accordance with the performance work statement (PWS).

Location:

Estes Kefauver Federal Building, Annex

U.S. Army Corps of Engineers, Nashville District

Public Affairs Office, 4th Floor

110 9th Avenue South

Nashville, Tennessee 37203

Below is information pertaining to the cubicle requirement to include furniture within each cubicle and dimensions as well as other misc. furniture required under this requirement.

Specifications

Item Description Sunline

Manufacturer Item

Number

Quantity

Sunline Select 8’x8’ – 65”

High Cubicle, or approved equal

U- Shaped Work Surface in white laminate, bottom panels in Greige fabric, clear glass top panel

SKU: 1230 or approved equal

Sunline Sit-Stand Electric

Desk, or approved equal

Sit-stand base in warm white to fit left hand wall configuration of 8’x8’ cubicle

SKU: 590 or approved equal

Overhead Storage Cabinet Locking overhead storage cabinet SKU: 555 or approved equal

65” Frosted Sliding Door Frosted glass sliding privacy door for cubicle

SKU: 500 or approved equal

Clampable Dual Monitor

Arms

Dual monitor arms able to clamp to worksurface (max weight 22 lbs. / screen size 13”-32”)

SKU: 580 or approved equal

Mobile File Cabinet with cushion top seating

Mobile File Cabinet with cushion top seating in matching fabric to cubicle panel fabric

SKU: 530 or approved equal

Double Dry Erase

Whiteboard

Double dry erase whiteboard SKU: 595 or approved equal

Ergo Classic Chair Adjustable high work chair with max weight capacity of 330 lbs.

SKU: 300 or approved equal

1. All cubicles must be outfitted with electrical components and connected during install,

2. Each cubicle must include a frosted glass sliding door

3. Each cubicle wall height (except for the reception wall sides) shall be approximately 65” high

4. The cubicle frame shall be of quality of anodized aluminum, HPL particle board, class A fabric

5. The color for work surface options must include a white or similar color (in stock not custom)

6. Each cubicle shall include dual monitor arms that can clamp to surface up to 22 lbs. for screen size 13”-32”

7. Cubicles must include an overhead storage cabinet that includes a lockable feature

8. Each cubicle shall include a mobile file cabinet that includes cushion top, wheels, and a lock

9. Cubicle fabric panels if given option & chair fabric should be in stock not custom

10. Each cubicle will need a sit-stand electrical desk for height adjustment

11. Each cubicle will need an adjustable work chair that can hold max weight of 330 lbs.

Job Site:

The contractor shall be responsible for cleaning the installation area and disposing of all trash and materials to the satisfaction of the Government’s representative or designated inspectors before completion of each workday and upon completion of the project. At the end of the project, the contractor shall restore any disturbed or damaged areas at the direction of the Contracting Officer.

Office Furniture Removal and Disposal Services:

Contractor is responsible for removal of existing three (3) cubicles and office furniture and all packing materials and debris from delivery and installation to include drill dust and foot traffic (e.g., dirt, sand, mud, grass, water). The contractor will be required to clean- up/remove from items all plastics, tape, cardboard packaging, zip ties, Styrofoam, etc. and properly dispose of materials and debris.

Contractor is responsible for disposal of office furniture removed.

Facility Damage:

Contractor shall be responsible for all damages to building and/or surrounding areas when moving or installing furniture. Damages shall be repaired by contractor at contractor’s expense before final invoicing.

Office Furniture Installation Services.

Installation services shall include inside furniture delivery; with coordination prior to delivery and during installation with the Government’s Technical Point of Contact; uncrating, unpacking, inspection of product for shipping damage, placement, set-up, assembly and leveling of product. All materials and accessories shall be installed in accordance with industry standards and manufacturer’s recommendations.

Delivery and Installation Schedule.

The Contractor shall deliver, assemble, install and remove all pre-existing furniture (at the discretion and direction of the Technical Point of Contact) within 90 days of award.

Hours for Delivery and Installation:

The delivery and installation shall be performed during normal office hours of 8:00am to 4:30pm Monday through

Friday, excluding weekends and holidays. Alternate schedules may be established by mutual agreement of the parties.

Workmanship:

The Contractor shall perform all operations in a manner that shall result in a professional and expeditiously completed project. The work shall be in strict accordance with the prevailing industry standards.

Accessories and Incidentals:

The Contractor shall provide all incidentals necessary to properly install the product, to include finishing touches such as end caps, footings, etc. Cost for these items shall be included as part and parcel of the finished installation of all furniture.

Debris Cleanup.

The Contractor shall collect and remove all debris from premises.

Quality Assurance and Warranty.

The Contractor’s installers shall perform a final walk through inspection with the Government point of contact. The contractor shall also provide all documentation in electronic and hard copy format of warranty and service guarantee information of all parts and labor under this project. At a minimum, the contractor shall offer a 10 year parts and labor warranty.

Government Inspection and Acceptance.

The Government’s Technical Point of Contact will inspect all work performed by the Contractor. Work performance will be deemed satisfactory and acceptable to the Government when the Government’s Technical Point of Contact determines

ATTACHMENTS

The following documents are included by attachment and are intended to be a part of this solicitation / contract:

PAO Office Dimensions.pdf

Sunline Product Reference.pf

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Removal of Existing Cubicles

FFP

Removal and disposal of old furniture in accordance with the Statement of Work.

FOB: Destination

MILSTRIP: W38XDD42070504

PURCHASE REQUEST NUMBER: W38XDD42070504

PSC CD: J036

NET AMT

0002 4 Each 8' x 8' - 65" High Cubicle

FFP

In accordance with the Statement of Work.

FOB: Destination

MILSTRIP: W38XDD42070504

0003 4 Each Sit-Stand Electric Desk

FFP

In accordance with the Statement of Work.

FOB: Destination

0004 4 Each Overhead Storage Cabinet

FFP

In accordance with the Statement of Work.

FOB: Destination

0005 4 Each 65” Frosted Sliding Door

FFP

In accordance with the Statement of Work.

FOB: Destination

0006 4 Each Clampable Dual Monitor Arms

FFP

In accordance with the Statement of Work.

FOB: Destination

0007 4 Each Mobile File Cabinet with Cushion Top Sea

FFP

In accordance with the Statement of Work.

FOB: Destination

0008 4 Each Dry Erase Whiteboard

FFP

In accordance with the Statement of Work.

FOB: Destination

0009 4 Each Adjustable Height Chair

FFP

In accordance with the Statement of Work.

FOB: Destination

0010 1 Job Delivery and Installation

FFP

In accordance with the Statement of Work.

FOB: Destination

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

0002 Destination Government Destination Government

0003 Destination Government Destination Government

0004 Destination Government Destination Government

0005 Destination Government Destination Government

0006 Destination Government Destination Government

0007 Destination Government Destination Government

0008 Destination Government Destination Government

0009 Destination Government Destination Government

0010 Destination Government Destination Government

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011

52.204-13 System for Award Management Maintenance OCT 2018

52.204-16 Commercial and Government Entity Code Reporting AUG 2020

52.204-18 Commercial and Government Entity Code Maintenance AUG 2020

52.204-22 Alternative Line Item Proposal JAN 2017

52.204-23 Prohibition on Contracting for Hardware, Software, and

Services Developed or Provided by Kaspersky Lab Covered

Entities

DEC 2023

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

52.223-9 Estimate of Percentage of Recovered Material Content for

EPA-Designated Items

MAY 2008

52.223-10 Waste Reduction Program MAY 2024

52.225-25 Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran-- Representation and Certifications.

JUN 2020

52.226-8 Encouraging Contractor Policies To Ban Text Messaging

While Driving

MAY 2024

52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

MAR 2023

252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022

252.203-7005 Representation Relating to Compensation of Former DoD

Officials

SEP 2022

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7004 Antiterrorism Awareness Training for Contractors JAN 2023

252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7012 (Dev) Safeguarding Covered Defense Information and Cyber

Incident Reporting (DEVIATION 2024-O0013 REVISION

1)

MAY 2024

252.204-7015 Notice of Authorized Disclosure of Information for Litigation

Support

JAN 2023

252.204-7016 Covered Defense Telecommunications Equipment or Services

-- Representation

DEC 2019

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

252.204-7022 Expediting Contract Closeout MAY 2021

252.204-7024 Notice on the Use of the Supplier Performance Risk System MAR 2023

252.223-7008 Prohibition of Hexavalent Chromium JAN 2023

252.225-7012 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

252.225-7972 (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

252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

JAN 2023

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)

52.204-22 ALTERNATIVE LINE ITEM PROPOSAL (JAN 2017)

(a) The Government recognizes that the line items established in this solicitation may not conform to the Offeror's practices. Failure to correct these issues can result in difficulties in acceptance of deliverables and processing payments. Therefore, the Offeror is invited to propose alternative line items for which bids, proposals, or quotes are requested in this solicitation to ensure that the resulting contract is economically and administratively advantageous to the Government and the Offeror.

(b) The Offeror may submit one or more additional proposals with alternative line items, provided that alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation. However, acceptance of an alternative proposal is a unilateral decision made solely at the discretion of the Government. Offers that do not comply with the line items specified in this solicitation may be determined to be nonresponsive or unacceptable.

(End of provision)

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.

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 https://www.sam.gov/

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

"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 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 124.1001", 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 the threshold at 13 CFR

124.104(c)(2) 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.

"Successor" means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

"Veteran-owned small business concern" means a small business concern--

(1) Not less than 51 percent of which is owned and controlled 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 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, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR

127.300.

(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 Products and Commercial Services, 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 for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part

19 in accordance with 19.000(b)(1)(ii). Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that--

(i) It [ ___ ] is, [ ___ ] is not a small business concern; or

(ii) It [ ___ ] is, [ ___ ] is not a small business joint venture that complies with the requirements of 13 CFR

121.103(h) and 13 CFR 125.8(a) and (b). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ ]

(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…

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