W912P6-20-R-0009.pdf

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84 - 92 X H 93 - 99 patricia.l.woodhouse@usace.army.mil

RATING PAGE OF PAGES

7. ISSUED BY

(Date)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

Previous Edition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97)

Prescribed by GSA FAR (48 CFR) 53.214(c)

1 99

(If other than Item 7)

15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TO

AND

ADDRESS

SIGN OFFER (Type or print)

OF

OFFEROR

AMENDMENT NO. DATE

15B. TELEPHONE NO (Include area code) 17. SIGNATURE15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

18. OFFER DATE

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

2. CONTRACT NO.

W912P6 8. ADDRESS OFFER TO

See Item 7

9. Sealed offers in original and 0 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and see Section L conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

PATRICIA L WOODHOUSE 312.846.5376

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

1 - 3 4 - 10

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

11 J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 14 X M

L INSTRS., CONDS., AND NOTICES TO OFFERORS

EVALUATION FACTORS FOR AWARD

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments

AMENDMENT NO. DATE

to the SOLICITATION for offerors and related documents numbered and dated):

FACILITY

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period

SOLICITATION, OFFER AND AWARD

X

(X) SEC. DESCRIPTION (X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

EMAIL:TEL: (Signature of Contracting Officer)

CODE CODE

B. TELEPHONE (Include area code) C. E-MAIL ADDRESS

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

PART IV - REPRESENTATIONS AND INSTRUCTIONS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

15 - 45

PART II - CONTRACT CLAUSES

U.S. ARMY ENGINEER DISTRICT, CHICAGO

231 SOUTH LASALLE STREET SUITE 1500

CHICAGO IL 60604-1437

312.846.5371

FAX:

TEL:

FAX:

TEL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

46 - 70

6. REQUISITION/PURCHASE NO.

W81G6601981646

5. DATE ISSUED

21 Aug 2020

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

W912P620R0009

Section A - Solicitation/Contract Form

PROCUREMENT PARTICULARS

PROJECT TITLE: CHICAGO SANITARY AND SHIP CANAL (CSSC) BARRIER IIA (OPTIONAL

BARRIER IIB) PULSE-GENERATING CONTROL SYSTEM REPLACEMENT, SUPPLY &

INSTALLATION

RESULTING CONTRACT TYPE: Firm-fixed price SUPPLY with RELATED SERVICE WORK; therefore, the Service Contract Act will apply where applicable.

COMPETITION

Competition for this acquisition is full and open, unrestricted to business size. In consideration of this acquisition method, the Federal Acquisition Regulation (FAR) Clause, “Notice of Price Evaluation preference for HUBZone Small Business Concerns,” will be applied pursuant to Clause No. 52.219-4 (DEV) (See Section I of this document).

The applicable North American Industry Classification System (NAICS) code for this procurement is 334513, wherein the Small Business Size standard is 750 employees.

Through use of the best value method of contracting, using the source selection trade off process, the USACE- Chicago District, seeks to acquire the SUPPLIES AND SERVICES described in this solicitation and its accompanying documents. This particular acquisition method considers award to other than the lowest-priced offeror or other than the highest technically rated offeror. In addition, this process permits tradeoffs among cost or price and non-cost factors and allows the Government to accept other than the lowest-priced proposal. Detailed information regarding the acquisition method may be found in Sections L and M of this solicitation.

The Service Contract Labor Standards Statute shall apply to any contract that results from this acquisition. The line items applicable to the Service Contract Labor Standards are designated under the Section B (Bid Schedule). The Applicable Wage Rates are enclosed at Section J of this document.

Contract line items (CLINs)—The offeror shall submit a price on ALL items contained in SECTION B (with the exception of the not-to-exceed amounts given for 0005AA through 0005AD). The offeror shall enter both unit and extended prices for each line item, as well as sub-line items (i.e., CLINs and sub-CLINs).

PERFORMANCE WORK STATEMENT (PWS) APPENDIX B

To receive a copy of PWS Appendix B, the offeror shall complete and submit the nondisclosure agreement posted with this solicitation at betaSAM.gov and send it to Patricia Woodhouse at Patricia.L.Woodhouse@usace.army.mil with a request for a copy of the appendix.

OVER AND ABOVE WORK (CLIN 0005)

Over and above (O&A) work is work discovered during overhaul, maintenance and repair efforts considered by the parties as within the general scope of contract requirements. The contractor will complete and submit a work request. In accordance with the DFARS PGI 217.77, the O&A work requires that the contractor identify needed repairs and provide corrective action during contract performance. The contractor then submits a work request to identify the O&A work, and the Government authorizes the contractor to proceed. Because the work is identified as a CLIN in Section B (CLIN 0005) of the contract, it is within scope of the contract. Refer to the PWS section 13 and DFARS 252.217-7028 for more information.

PLACE OF PERFORMANCE

Pursuant to FAR 22.1009-4, the place of contractor performance may be unknown, in addition to the contractor’s performance at the Fish Barrier site in Romeoville, Illinois. The contracting officer will obtain wage determinations for additional places of performance if requested to do so in writing. Offerors should request this information no later than 4 September 2020 so that the offeror may review the solicitation and wage rates to determine its interest in competing. The offeror shall identify additional places of performance in its proposal, which is due by the time and date given in block 9 of page 1.

QUESTION-AND-ANSWER PERIOD

Please submit questions regarding this solicitation in writing via e-mail to Patricia Woodhouse at Patricia.L.Woodhouse@usace.army.mil by 14 September 2020 to avoid jeopardizing the award of this critical acquisition. Include the solicitation number (W912P6-20-R-0009) in the subject line of the e-mail. Answers will be provided via amendment to the solicitation. No questions will be acknowledged or answered via any other means of communication, i.e., all questions shall be submitted in writing via e-mail.

DUE DATE AND SUBMITTAL OF PROPOSAL

Proposals shall be submitted by the time and date given in block 9 of page 1. Proposals shall be e-mailed to Patricia Woodhouse at Patricia.L.Woodhouse@usace.army.mil. Include the solicitation number (W912P6-20-R-0009) in the subject line of the e-mail.

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Base Work PULSE GENERATING UNIT CONTROLS

FFP

The requirements associated with this Parent Contract Line Item 0001 is described at its Sub-Line Items 0001AA through 0001AD, which constitute the Base requirements of the Contract. In the performance of the work required by the Sub- Items, the Contractor shall comply with all terms and conditions delineated in the contract documents. The Contractor shall complete the Base Work within 24 months from date of award.

PURCHASE REQUEST NUMBER: W81G6601981646

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001AA 1 Job

PRE-INSTALLATION TECHNICAL DATA PACKAGES

FFP

(SERVICE CONTRACT ACT APPLIES) Pre-Installation Technical Data Packages. The Contractor shall not purchase or install components for the Control System or the Power Monitoring System prior to providing and receiving Government approval on the pre-installation submittals as required by the PWS.

The price for this line item shall include all costs incurred for this work as required by PWS to complete any work associated with creating the pre-installation Technical Data Packages, including the Contractor’s costs for coordination with others, furnishing all plant, labor, materials, and equipment, and performing any associated Contractor quality control, environmental protection, meeting safety requirements, tests and reports, and for performing all work required for which separate payment is not otherwise provided.

NET AMT

0001AB 1 Job

SUPPLY PULSE GENERATING UNIT CONTROLS

FFP

BARRIER 2A--The contractor shall supply, install, test, and commission complete, functional, and working Pulse Generating Unit Controls as required by the PWS, and further defined by the government approved submittals in Technical Data Package 3. The price for this line item shall include all costs incurred for procuring, delivering, storing, inventorying, and maintaining the equipment, including the Contractor’s costs for coordination with others, furnishing all plant, labor, materials, and equipment, and performing any associated Contractor quality control, environmental protection, meeting safety requirements, tests and reports, and for performing all work required for which separate payment is not otherwise provided. Pursuant to FAR 46.805(a)(3), this is a high-value item and FAR 52.246-24 Alt I applies to this SLIN.

0001AC 1 Job

POST-INSTALLATION TECHNICAL DATA PACKAGE

FFP

(SERVICE CONTRACT ACT APPLIES) The Contractor shall provide all Post- Installation Technical Data Package components as required by the PWS. The price for this line item shall include all costs incurred for this work as required by PWS to complete any work associated with creating the Post-Installation Technical Data Package, including the Contractor’s costs for coordination with others, furnishing all plant, labor, materials, and equipment, and performing any associated Contractor quality control, environmental protection, meeting safety requirements, tests and reports, and for performing all work required for which separate payment is not otherwise provided.

0001AD 1 Lot

Data Deliverables

FFP

Data CLIN in support of CLIN 0001 in accordance with DD Form 1423, Contract Data Requirement List (CDRL) (Exhibit A)

(NOT SEPARATELY PRICED from CLIN 0001 and its subline items (SLINs))

- SERVICE CONTRACT ACT APPLIES

NET AMT

See Exhibit A

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 1 Job

GENERATOR CONTROLS

FFP

(SERVICE CONTRACT ACT APPLIES) The Contractor shall provide remote control for the generators supplying backup power to both Barriers IIA and IIB.

The remote control shall be provided in the PB1 facility and can be part of the PGCS. The control will give users the ability to operate the generators and provide feedback of operation from the PB1 facility. The Contractor shall provide all cabling, conduit and wiring methods to provide this control. The Contractor shall coordinate with the Government for location of conduit and cabling and potential use of existing utilities if available. The period of performance is for 24 months from the date of contract award. Pursuant to FAR 46.805(a)(3), this is a high-value item and FAR 52.246-24 Alt I applies to this CLIN.

PURCHASE REQUEST NUMBER: W81G6601981646

NSP

0003 1 Job

CENTRALIZED CONTROL GUI

FFP

(SERVICE CONTRACT ACT APPLIES) Centralized Control Graphical User Interface (GUI) at Barrier 1--Integration of Graphical User Interface (GUI) for 2A and 2B controls in Permanent Barrier I. All controls for Barrier 2A and 2B shall be operable from Permanent Barrier I. The period of performance is for 24 months from the date of contract award.

PURCHASE REQUEST NUMBER: W81G6601981646

0004 1 Job

OPTION SUPPLY PULSE GENERATING UNIT CONTROLS

FFP

(Barrier 2B) (OPTION work) The contractor shall supply, install, test, and commission complete, functional, and working Pulse Generating Unit as required by the PWS, and further defined by the government approved submittals in Technical Data Package 3. The price for this line item shall include all costs incurred for procuring, delivering, storing, inventorying, and maintaining the equipment, including the Contractor’s costs for coordination with others, furnishing all plant, labor, materials, and equipment, and performing any associated Contractor quality control, environmental protection, meeting safety requirements, tests and reports, and for performing all work required for which separate payment is not otherwise provided. Pursuant to FAR 46.805(a)(3), this is a high-value item and FAR 52.246-24 Alt I applies to this CLIN. At the discretion of the Government, this item may be awarded within 365 CALENDAR DAYS prior to the ending date of the Base Work. If or when exercised, this option will add 12 additional months to the Base Work period of performance.

PURCHASE REQUEST NUMBER: W81G6601981646

OPTION OVER AND ABOVE WORK

FFP

(SERVICE CONTRACT ACT APPLIES to the line item) The work associated with this Parent Contract Line Item 0005 is described at Sub-Line Items 0005AA through 0005AD. At the discretion of the government, any, all, or none of the Sub- Items may be awarded within 30 CALENDAR DAYS prior to the ending date of teh base or CLIN 0004 work. The Sub-Items will be awarded via a formal Modification to the Contract if exercised.

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0005AA 1 Lot OPTION Over and Above Work #1

FFP

SERVICE CONTRACT ACT APPLIES TO THE WORK OF THIS LINE ITEM

NOT TO EXCEED AMOUNT OF $150,000.00 for work associated with PWS Section 13. The Government will pay the Contractor for the invoiced labor, services, materials, supplies, and equipment as authorized by the Government in the approved Work Request. See FAR Clause 52.217-7 for the specific option terms, and see DFARS 252.217-7028 for specific Over and Above terms.

FOB: Destination

NET AMT

$150,000.00 $150,000.00

$150,000.00

0005AB 1 Lot OPTION Over and Above Work #2

FFP

SERVICE CONTRACT ACT APPLIES TO THE WORK OF THIS LINE ITEM

NOT TO EXCEED AMOUNT OF $150,000.00 for work associated with PWS Section 13. The Government will pay the Contractor for the invoiced labor, services, materials, supplies, and equipment as authorized by the Government in the approved Work Request. See FAR Clause 52.217-7 for the specific option terms, and see DFARS 252.217-7028 for specific Over and Above terms.

FOB: Destination

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0005AC 1 Lot OPTION Over and Above Work #3

FFP

SERVICE CONTRACT ACT APPLIES TO THE WORK OF THIS LINE ITEM

NOT TO EXCEED AMOUNT OF $150,000.00 for work associated with PWS Section 13. The Government will pay the Contractor for the invoiced labor, services, materials, supplies, and equipment as authorized by the Government in the approved Work Request. See FAR Clause 52.217-7 for the specific option terms, and see DFARS 252.217-7028 for specific Over and Above terms.

FOB: Destination

NET AMT

$150,000.00 $150,000.00

$150,000.00

$150,000.00 $150,000.00

$150,000.00

0005AD 1 Lot OPTION Over and Above Work #4

FFP

SERVICE CONTRACT ACT APPLIES TO THE WORK OF THIS LINE ITEM

NOT TO EXCEED AMOUNT OF $150,000.00 for work associated with PWS Section 13. The Government will pay the Contractor for the invoiced labor, services, materials, supplies, and equipment as authorized by the Government in the approved Work Request. See FAR Clause 52.217-7 for the specific option terms, and see DFARS 252.217-7028 for specific Over and Above terms.

FOB: Destination

SUMMATION OF PRICES

BASE ITEMS (ITEMS 0001AA THROUGH 0001AD; 0002, AND 0003): $________________________

OPTION ITEM 0004: $________________________

OPTION ITEMS 0005AA THROUGH 0005AD (GOVERNMENT’S PRICE ALLOWANCES): $600,000.00

(THIS VALUE SHALL BE INCLUDED IN THE OFFEROR’S TOTAL PROPOSED PRICE)

TOTAL PROPOSED PRICE (Base plus all option items to include the respective Sub-Items and the Over and Above CLIN):

Section C - Descriptions and Specifications

PERFORMANCE WORK STATEMENT

The Performance Work Statement is attached to this solicitation. Please see Section J.

Section E - Inspection and Acceptance

CLAUSES INCORPORATED BY REFERENCE

52.246-2 Inspection Of Supplies--Fixed Price AUG 1996 52.246-4 Inspection Of Services--Fixed Price AUG 1996 52.246-15 Certificate of Conformance APR 1984 52.246-16 Responsibility For Supplies APR 1984

Section F - Deliveries or Performance

PERIOD OF PERFORMANCE

The Contractor shall complete the Base Work (Base Items) within 24 months from the date of contract award. With respect to the CLIN 0004, the government may exercise this item within 365 calendar days prior to the ending date of the Base Work and if exercised, will add one year to the contract. With respect to Option 0005 sub-items, the government may exercise any of the respective sub-items within 30 calendar days prior to the ending date of the Base work or CLIN 0004 work and may add six months to the period of the contract. Note, if any item under Option 0005 is awarded, only one six-month period may be added to the contract period (multiple 6 month periods will not be awarded).

52.211-17 Delivery of Excess Quantities SEP 1989 52.242-15 Stop-Work Order AUG 1989 52.242-17 Government Delay Of Work APR 1984 52.247-34 F.O.B. Destination NOV 1991

Section H - Special Contract Requirements

52.228-5 Insurance - Work On A Government Installation JAN 1997

MINIMUM INSURANCE REQUIREMENTS

In accordance with the aforementioned FAR CLAUSE 52.228-5, entitled INSURANCE - WORK IN A GOVERNMENT INSTALLATION, the following minimum insurance coverages and limits are required. The term "Installation" referred to in this clause means Corps of Engineers project site and/or Federal property.

Evidence of the following minimum insurance coverages and limits, with concurrent policy expiration dates, must be received by the Department of the Army, Corps of Engineers, before the Contractor begins work. This evidence must be on a fully completed, signed, and dated ACORD Certificate of Insurance. In addition, policy endorsements must be issued by or in behalf of the insuring company or companies naming the Department of the Army, Corps of Engineers, Metropolitan Water Reclamation District of Greater Chicago, its commissioners, officers, agents, and employees; and the Burlington Northern & Santa Fe Railroad Company of Romeoville, IL, as Additional Interest Insured regarding the work. The endorsements must also provide that the Department of the Army, Corps of Engineers, receive direct written notice at least thirty (30) calendar days before the effective date of any material changes to, any cancellation of, or any non-renewal of these coverages during the time period of the Contractor's work. These endorsements must also be received by the Department of the Army, Corps of Engineers, before the Contractor begins work.

Should the coverages expire or be terminated during the time period of the Contractor's work, the Department of the Army, Corps of Engineers, must receive an ACORD Certificate of Insurance as evidence of renewal or replacement insurance coverage and the supporting policy endorsements as specified above. The required evidence of renewal replacement insurance must be received by either the Contracting Officer or Contracting Officer's Representative at least thirty (30) calendar days before the coverage expires or is being terminated.

All insuring companies must be rated A- or Excellent or better, by A.M. Best Company, an independent insurance rating service. The ACORD Certificate must list the A.M. Best Company insurance company code of listed insurance companies being offered.

A certificate of insurance will be provided that will name the US Army Corps of Engineers (USACE); Metropolitan Water Reclamation District of Greater Chicago, its commissioners, officers, agents, and employees; and the Burlington Northern & Santa Fe Railroad Company of Romeoville, IL, as additional holders of the certificate. The Descriptions of Operations should refer to the Fish Barriers and their surroundings. This Certificate is not exclusive of insurance already provided for in other contracts with USACE-Chicago but will remain effective for the term of this contract. The insurance coverage shall include the following:

– Workers Compensation - $5,000,000

– Employers Liability – each accident $5,000,000; each employee – disease $5,000,000; policy aggregate $5,000,000

– Commercial General Liability – Per occurrence $10,000,000; General Aggregate/Per Project $10,000,000;

Products/Completed Operations – General Aggregate $10,000,000

– Business Auto Liability - $5,000,000

Section I - Contract Clauses

52.202-1 Definitions JUN 2020 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-7 Anti-Kickback Procedures JUN 2020 52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

JUN 2020

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

JAN 2017

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

MAY 2011

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUN 2020

52.204-13 System for Award Management Maintenance OCT 2018 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

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

JUL 2018

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

AUG 2020

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

JUN 2020

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

OCT 2018

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.211-5 Material Requirements AUG 2000 52.215-2 Audit and Records--Negotiation JUN 2020 52.215-8 Order of Precedence--Uniform Contract Format OCT 1997 52.215-11 Price Reduction for Defective Certified Cost or Pricing Data--

Modifications

JUN 2020

52.215-13 Subcontractor Certified Cost or Pricing Data--Modifications JUN 2020 52.215-14 Integrity of Unit Prices JUN 2020 52.215-17 Waiver of Facilities Capital Cost of Money OCT 1997 52.215-21 Requirements for Certified Cost or Pricing Data and Data

Other Than Certified Cost or Pricing Data -- Modifications

JUN 2020

52.219-4 (Dev) Notice of Price Evaluation Preference for HUBZone Small Business Concerns (DEVIATION 2020-O0008)

MAR 2020

52.219-9 Alt I (Dev) Small Business Subcontracting Plan (Deviation 2018-O0018)

- Alternate I

AUG 2018

52.219-16 Liquidated Damages-Subcontracting Plan JAN 1999 52.222-3 Convict Labor JUN 2003 52.222-4 Contract Work Hours and Safety Standards - Overtime

Compensation

MAY 2018

52.222-19 Child Labor -- Cooperation with Authorities and Remedies JAN 2020 52.222-20 Contracts for Materials, Supplies, Articles, and Equipment JUN 2020 52.222-21 Prohibition Of Segregated Facilities APR 2015

52.222-26 Equal Opportunity SEP 2016 52.222-35 Equal Opportunity for Veterans JUN 2020 52.222-37 Employment Reports on Veterans JUN 2020 52.222-40 Notification of Employee Rights Under the National Labor

Relations Act

DEC 2010

52.222-41 Service Contract Labor Standards AUG 2018 52.222-43 Fair Labor Standards Act And Service Contract Labor

Standards - Price Adjustment (Multiple Year And Option Contracts)

AUG 2018

52.222-50 Combating Trafficking in Persons JAN 2019 52.222-54 Employment Eligibility Verification OCT 2015 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.223-11 Ozone-Depleting Substances and High Global Warming

Potential Hydrofluorocarbons.

JUN 2016

52.223-16 Alt I Acquisition of EPEAT - Registered Personal Computer Products - Alternate I

JUN 2014

52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

AUG 2018

52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving

JUN 2020

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.227-1 Authorization and Consent JUN 2020 52.227-2 Notice And Assistance Regarding Patent And Copyright

Infringement

JUN 2020

52.227-3 Patent Indemnity APR 1984 52.227-9 Refund Of Royalties APR 1984 52.229-3 Federal, State And Local Taxes FEB 2013 52.232-1 Payments APR 1984 52.232-8 Discounts For Prompt Payment FEB 2002 52.232-11 Extras APR 1984 52.232-17 Interest MAY 2014 52.232-23 Assignment Of Claims MAY 2014 52.232-25 Prompt Payment JAN 2017 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.237-3 Continuity Of Services JAN 1991 52.242-13 Bankruptcy JUL 1995 52.244-5 Competition In Subcontracting DEC 1996 52.244-6 Subcontracts for Commercial Items AUG 2020 52.246-23 Limitation Of Liability FEB 1997 52.246-24 Alt I Limitation Of Liability--High Value Items (Feb 1997) -

Alternate I

APR 1984

52.246-25 Limitation Of Liability--Services FEB 1997 52.248-1 Alt I Value Engineering (JUN 2020) - Alternate I APR 1984 52.249-2 Termination For Convenience Of The Government (Fixed-

Price)

APR 2012

52.249-8 Default (Fixed-Price Supply & Service) APR 1984

52.253-1 Computer Generated Forms JAN 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense- Contract-Related Felonies

DEC 2008

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

DEC 2019

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

MAY 2016

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

DEC 2019

252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Country that is a State Sponsor of Terrorism

MAY 2019

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

JAN 2018

252.219-7003 Small Business Subcontracting Plan (DOD Contracts) DEC 2019 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7001 Buy American And Balance Of Payments Program-- Basic DEC 2017 252.225-7002 Qualifying Country Sources As Subcontractors DEC 2017 252.225-7012 Preference For Certain Domestic Commodities DEC 2017 252.225-7048 Export-Controlled Items JUN 2013 252.225-7052 Restriction on the Acquisition of Certain Magnets and

Tungsten.

DEC 2019

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

APR 2019

252.227-7013 Rights in Technical Data--Noncommercial Items FEB 2014 252.227-7014 Rights in Noncommercial Computer Software and

Noncommercial Computer Software Documentation

FEB 2014

252.227-7015 Technical Data--Commercial Items FEB 2014 252.227-7016 Rights in Bid or Proposal Information JAN 2011 252.227-7019 Validation of Asserted Restrictions--Computer Software SEP 2016 252.227-7025 Limitations on the Use or Disclosure of Government-

Furnished Information Marked with Restrictive Legends

MAY 2013

252.227-7027 Deferred Ordering Of Technical Data Or Computer Software APR 1988 252.227-7030 Technical Data--Withholding Of Payment MAR 2000 252.227-7037 Validation of Restrictive Markings on Technical Data SEP 2016 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.232-7017 Accelerating Payments to Small Business Subcontractors--

Prohibition on Fees and Consideration

APR 2020

252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel

JUN 2013

252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.246-7001 Alt II Warranty Of Data (Mar 2014) - Alternate II MAR 2014 252.247-7023 Transportation of Supplies by Sea FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (JUN 2020)

(a) Except as provided in (b) of this clause, the Contractor shall not enter into any agreement with an actual or prospective subcontractor, nor otherwise act in any manner, which has or may have the effect of restricting sales by such subcontractors directly to the Government of any item or process (including computer software) made or furnished by the subcontractor under this contract or under any follow-on production contract.

(b) The prohibition in (a) of this clause does not preclude the Contractor from asserting rights that are otherwise authorized by law or regulation.

(c) The Contractor agrees to incorporate the substance of this clause, including this paragraph (c), in all subcontracts under this contract which exceed the simplified acquisition threshold, as defined in Federal Acquisition Regulation

2.101 on the date of subcontract award.

(End of Clause)

52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER

ACTIVITY (MAY 2014)

(a) If the Government receives information that a contractor or a person has violated 41 U.S.C. 2102-2104, Restrictions on Obtaining and Disclosing Certain Information, the Government may--

(1) Cancel the solicitation, if the contract has not yet been awarded or issued; or

(2) Rescind the contract with respect to which--

(i) The Contractor or someone acting for the Contractor has been convicted for an offense where the conduct violates 41 U.S.C. 2102 for the purpose of either--

(A) Exchanging the information covered by such subsections for anything of value; or

(B) Obtaining or giving anyone a competitive advantage in the award of a Federal agency procurement contract; or

(ii) The head of the contracting activity has determined, based upon a preponderance of the evidence, that the Contractor or someone acting for the Contractor has engaged in conduct punishable under 41 U.S.C. 2105(a).

(b) If the Government rescinds the contract under paragraph (a) of this clause, the Government is entitled to recover, in addition to any penalty prescribed by law, the amount expended under the contract.

(c) The rights and remedies of the Government specified herein are not exclusive, and are in addition to any other rights and remedies provided by law, regulation, or under this contract.

(End of clause)

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

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

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

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

Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

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

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

(b) Safeguarding requirements and procedures.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

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

52.211-11 LIQUIDATED DAMAGES--SUPPLIES, SERVICES, OR RESEARCH AND DEVELOPMENT (SEP 2000)

(a) If the Contractor fails to deliver the supplies or perform the services within the time specified in this contract, the Contractor shall, in place of actual damages, pay to the Government liquidated damages of $2,641.34 per calendar day of delay.

(b) If the Government terminates this contract in whole or in part under the Default--Fixed-Price Supply and Service clause, the Contractor is liable for liquidated damages accruing until the Government reasonably obtains delivery or performance of similar supplies or services. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(c) The Contractor will not be charged with liquidated damages when the delay in delivery or performance is beyond the control and without the fault or negligence of the Contractor as defined in the Default--Fixed-Price Supply and Service clause in this contract.

52.217-7 OPTION FOR INCREASED QUANTITY--SEPARATELY PRICED LINE ITEM (MAR 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within as follows:

The Contractor shall complete the Base Work (Base Items) within 24 months from the date of contract award. With respect to the CLIN 0004, the government may exercise this item within 365 calendar days prior to the ending date of the Base Work and if exercised, will add one year to the contract. With respect to Option 0005 sub-items, the government may exercise any of the respective sub-items within 30 calendar days prior to the ending date of the Base work or CLIN 0004 work and may add six months to the period of the contract. Note, if any item under Option 0005 is awarded, only one six-month period may be added to the contract period (multiple 6 month periods will not be awarded).

Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor 30 or more calendar days prior to the end of the period of performance.

52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (OCT 2018)

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

HUBZone small business concern means a small business concern, certified by the Small Business Administration, that appears on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration.

Service-disabled veteran-owned small business concern--

(1) Means a small business concern--

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

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

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

Small business concern means a small business as defined pursuant to Section 3 of the Small Business Act and relevant regulations promulgated pursuant thereto.

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

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

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

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

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

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

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

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

Women-owned 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.

(b) It is the policy of the United States that small business concerns, veteran-owned small business concerns, service-disabled veteran-owned small business concerns, HUBZone small business concerns, small disadvantaged business concerns, and women-owned small business concerns shall have the maximum practicable opportunity to participate in performing contracts let by any Federal agency, including contracts and subcontracts for subsystems, assemblies, components, and related services for major systems. It is further the policy of the United States that its prime contractors establish procedures to ensure the timely payment of amounts due pursuant to the terms of their subcontracts with small business concerns, veteran-owned small business concerns, service-disabled veteran-owned small business concerns, HUBZone small business concerns, small disadvantaged business concerns, and women-owned small business concerns.

(c) The Contractor hereby agrees to carry out this policy in the awarding of subcontracts to the fullest extent consistent with efficient contract performance. The Contractor further agrees to cooperate in any studies or surveys as may be conducted by the United States Small Business Administration or the awarding agency of the United States as may be necessary to determine the extent of the Contractor's compliance with this clause.

(d)(1) The Contractor may accept a subcontractor's written representations of its size and socioeconomic status as a small business, small disadvantaged business, veteran-owned small business, service-disabled veteran-owned small business, or a women-owned small business if the subcontractor represents that the size and socioeconomic status representations with its offer are current, accurate, and complete as of the date of the offer for the subcontract.

(2) The Contractor may accept a subcontractor's representations of its size and socioeconomic status as a small business, small disadvantaged business, veteran-owned small business, service-disabled veteran-owned small business, or a women-owned small business in the System for Award Management (SAM) if--

(i) The subcontractor is registered in SAM; and

(ii) The subcontractor represents that the size and socioeconomic status representations made in SAM are current, accurate and complete as of the date of the offer for the subcontract.

(3) The Contractor may not require the use of SAM for the purposes of representing size or socioeconomic status in connection with a subcontract.

(4) In accordance with 13 CFR 121.411, 124.1015, 125.29, 126.900, and 127.700, a contractor acting in good faith is not liable for misrepresentations made by its subcontractors regarding the subcontractor's size or socioeconomic status.

(5) The Contractor shall confirm that a subcontractor representing itself as a HUBZone small business concern is certified by SBA as a HUBZone small business concern by accessing the System for Award Management or by contacting the SBA. Options for contacting the SBA include--

(i) HUBZone small business database search application Web page at http://dsbs.sba.gov/dsbs/search/dsp_searchhubzone.cfm; or http://www.sba.gov/hubzone;

(ii) In writing to the Director/HUB, U.S. Small Business Administration, 409 3rd Street, SW., Washington DC 20416; or

(iii) The SBA HUBZone Help Desk at hubzone@sba.gov.

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (MAY 2020)

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

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (d) of this clause. Such a concern is ``not dominant in its field of operation'' when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

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

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

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

(3) For long-term contracts--

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

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

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

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

(e) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

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

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

(h) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM…