W912P821R0011 Amendment 0002.pdf

W912P821R0011

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

The above numbered solicitation for Surface Preparation and Painiting Aboard w ith Dredge Wheeler is amended as follow s:

1. Remove the combined synopsis/solicitation verbiage in its entirety, and replace w ith the version w ithin this amendment.

2. Due to no responses received by the initial deadline, this amendment re-establishes the proposal response date to 2:00pm local time, Thursday, 01 September 2022.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 16

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 18-Aug-2022

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street , County, State and Zip Code) X W912P821R0011

X 9B. DATED (SEE ITEM 11)

10-May-2021

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer X is extended, is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

18-Aug-2022

CODE

CONTRACTING DIV- CHIEF

7400 LEAKE AVENUE, ROOM 172

NEW ORLEANS LA 70118-3651

W912P8 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE

The following have been added by full text:

AMENDMENT 0002

COMBINED

SYNOPSIS/SOLICITATION

W912P8-21-R-0011

PLEASE READ REQUEST FOR PROPOSAL AND FOLLOW INSTRUCTIONS

This announcement constitutes a Combined Synopsis/Solicitation for commercial services prepared in accordance with the format in FAR Part 12.6 and supplemented with additional information included in this notice. This announcement constitutes the only solicitation. All amendments and any other official communications, if any, from the agency regarding this solicitation will be distributed via beta.sam.gov.

A. Date: 18-Aug-2022

B. Applicable Documents:

US Army Corps of Engineers Safety Manual. EM-385-1-1 dated 30 November 2014

C. Description of Requirement:

The U.S. Army Corps of Engineers, New Orleans District has a requirement for surface preparation and painting aboard the Dredge Wheeler and the 44ft long launch. The contractor shall provide all necessary labor, supervision, tools, equipment, ventilation, paint, materials, and supplies to perform cleaning and surface preparation, priming and painting of interior and exterior aboard the US Dredge WHEELER and the 44 ft long aluminum launch.

The Statement of Work (SOW) specifications are found in Attachment A.

The Quality Assurance Surveillance Plan (QASP) is found in Attachment B.

The wage determination for requirement is found in Attachment C.

D. NAICS: 336611 – Ship Building and Repair

This U.S. industry comprises establishments primarily engaged in operating shipyards. Shipyards are fixed facilities with drydocks and fabrication equipment capable of building a ship, defined as watercraft typically suitable or intended for other than personal or recreational use. Activities of shipyards include the construction of ships, their repair, conversion and alteration, the production of prefabricated ship and barge sections, and specialized services, such as ship scaling. Therefore, NAICS code 336611 is used to classify this acquisition, with a small business size standard of 1,250 employees.

E. Solicitation No.: W912P8-21-R-0011

F. Set-aside Status: N/A

G. Contracting Office Address:

USACE – New Orleans District Contracting

– Projects West Branch 7400 Leake Avenue New Orleans, LA 70118-3651

H. Description of Action:

This is a Combined Synopsis/Solicitation for commercial services prepared in accordance with the format in FAR Part 12.6 in conjunction with the policies and procedures for solicitation, evaluation and award prescribed under FAR 13 Simplified Acquisition Procedures.

I. Pre-Proposal Site Visit:

For proposal purposes, prospective offerors are encouraged to make a site visit prior to solicitation closing date. Arrangements for the site visit must be made by calling Noelle Belhumeur at (504) 862-1953.

J. Invoices:

Invoices will be processed in accordance with the process outlined in the website below:

https://www.mvn.usace.army.mil/Business-With-Us/Contracting/Rapid-Vendor-Payment/ K. Response Date:

Proposals are due by 11:00am local time on Thursday, 1 Sep 2022. Proposals should be emailed to quinton.b.hamm@usace.army.mil

L. Contract Line Item Structure

Please provide a firm fixed price for the base year and four option years below to include all necessary labor, supervision, tools, equipment, ventilation, paint, materials, and supplies to perform cleaning and surface preparation, priming and painting of interior and exterior aboard the US Dredge WHEELER and the 44 ft long aluminum launch.

Period of Performance Firm Fixed Price Base Year (12 months)

Option Year 1 (12 months)

Option Year 2 (12 months)

Option Year 3 (12 months)

Option Year 4 (12 months)

The Contract Line Item Number (CLIN) structure will be as follows:

ITEM NO. SUPPLIES/SERVICES Percentage (%) 0001 Base Year

Surface preparation and painting aboard the Dredge Wheeler and the 44ft long launch. The contractor shall provide all necessary labor, supervision, tools, equipment, ventilation, paint, materials, and supplies to perform cleaning and surface preparation, priming and painting of interior and exterior aboard the US Dredge WHEELER and the 44 ft long aluminum launch, as described in the following paragraphs.

% of Base Year Price

000101 Space/Area to be cleaned and painted. SOW Para. 2.3, 3.1.8 25% 000102 Surface Preparation – Ultra High Pressure Water Blasting. SOW

Para. 2.4, 3.1.3, 3.1.5, 3.1.6, 3.1.7, 3.1.8 25%

000103 Painting. SOW Para. 2.7, 3.1.8 25% 000104 … 25% 0002 Option Year 1

Surface preparation and painting aboard the Dredge Wheeler and the 44ft long launch. The contractor shall provide all necessary labor, supervision, tools, equipment, ventilation, paint, materials, and supplies to perform cleaning and surface preparation, priming and painting of interior and exterior aboard the US Dredge WHEELER and the 44 ft long aluminum launch, as described in the following paragraphs.

% of Option Year 1 Price

000201 Space/Area to be cleaned and painted. SOW Para. 2.3, 3.1.8 25% 000202 Surface Preparation – Ultra High Pressure Water Blasting. SOW

Para. 2.4, 3.1.3, 3.1.5, 3.1.6, 3.1.7, 3.1.8 25%

000203 Painting. SOW Para. 2.7, 3.1.8 25% 000204 … 25% 0003 Option Year 2

Surface preparation and painting aboard the Dredge Wheeler and the 44ft long launch. The contractor shall provide all necessary labor, supervision, tools, equipment, ventilation, % of Option Year 2 Price paint, materials, and supplies to perform cleaning and surface preparation, priming and painting of interior and exterior aboard the US Dredge WHEELER and the 44 ft long aluminum launch, as described in the following paragraphs.

000301 Space/Area to be cleaned and painted. SOW Para. 2.3, 3.1.8 25% 000302 Surface Preparation – Ultra High Pressure Water Blasting. SOW

Para. 2.4, 3.1.3, 3.1.5, 3.1.6, 3.1.7, 3.1.8 25%

000303 Painting. SOW Para. 2.7, 3.1.8 25% 000304 … 25% 0004 Option Year 3

Surface preparation and painting aboard the Dredge Wheeler and the 44ft long launch. The contractor shall provide all necessary labor, supervision, tools, equipment, ventilation, paint, materials, and supplies to perform cleaning and surface preparation, priming and painting of interior and exterior aboard the US Dredge WHEELER and the 44 ft long aluminum launch, as described in the following paragraphs.

% of Option Year 3 Price

000401 Space/Area to be cleaned and painted. SOW Para. 2.3, 3.1.8 25% 000402 Surface Preparation – Ultra High Pressure Water Blasting. SOW

Para. 2.4, 3.1.3, 3.1.5, 3.1.6, 3.1.7, 3.1.8 25%

000403 Painting. SOW Para. 2.7, 3.1.8 25% 000404 … 25% 0005 Option Year 4

Surface preparation and painting aboard the Dredge Wheeler and the 44ft long launch. The contractor shall provide all necessary labor, supervision, tools, equipment, ventilation, paint, materials, and supplies to perform cleaning and surface preparation, priming and painting of interior and exterior aboard the US Dredge WHEELER and the 44 ft long aluminum launch, as described in the following paragraphs.

% of Option Year4 Price

000501 Space/Area to be cleaned and painted. SOW Para. 2.3, 3.1.8 25% 000502 Surface Preparation – Ultra High Pressure Water Blasting. SOW

Para. 2.4, 3.1.3, 3.1.5, 3.1.6, 3.1.7, 3.1.8 25%

000503 Painting. SOW Para. 2.7, 3.1.8 25% 000504 … 25%

M. Government Contacts:

All questions regarding the RFP should be directed to Quinton Hamm, Contract Specialist at Quinton.B.Hamm@usace.army.mil or (504) 862-2340.

N. Terms and Conditions:

Provision 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. The full text of a solicitation provision may be accessed electronically at this address: http://acquisition.gov/far. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its proposal. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its proposal.

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal

Confidentiality Agreements or Statements-Representation (Jan 2017)

52.204-7 System for Award Management (Oct 2018)

52.204-16 Commercial and Government Entity Code Reporting (Jul 2016)

52.204-22 Alternative Line Item Proposal (Jan 2017)

52.214-34 Submission of Offers in the English Language (Apr 1991)

52.214-35 Submission of Offers in U.S. Currency (Apr 1991)

Provision at 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JUN 2020) https://www.acquisition.gov/far/part-52#FAR_52_212_1 applies to this RFP and is incorporated by reference.

Provision 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS-- COMMERCIAL ITEMS (JAN 2021) applies to this RFP and is incorporated by reference:

https://www.acquisition.gov/content/52212-3alternate-i. Vendors shall complete the on-line representations and certifications at http://www.sam.gov prior to the closing date and before submitting a proposal in response to this RFP.

Clause 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2021) is hereby incorporated as follows:

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or

Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUNE 2020), with

Alternate I (OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

(2) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509)).

(3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

(4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN

2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

(5) [Reserved].

(6) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111- 117, section 743 of Div. C).

(7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT

2016) (Pub. L. 111-117, section 743 of Div. C).

(8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (31 U.S.C. 6101 note).

(9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).

(10) [Reserved].

(11)

(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (MAR 2020) (15 U.S.C. 657a).

(ii) Alternate I (MAR 2020) of 52.219-3.

(12)

(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

(ii) Alternate I (MAR 2020) of 52.219-4.

(13) [Reserved]

(14)

(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

(ii) Alternate I (MAR 2020) of 52.219-6.

(15)

(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

(ii) Alternate I (MAR 2020) of 52.219-7.

(16) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)).

(17)

(i) 52.219-9, Small Business Subcontracting Plan (JUN 2020) (15 U.S.C. 637(d)(4)).

(ii) Alternate I (NOV 2016) of 52.219-9.

(iii) Alternate II (NOV 2016) of 52.219-9.

(iv) Alternate III (JUN 2020) of 52.219-9.

(v) Alternate IV (JUN 2020) of 52.219-9

(18)

(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

(ii) Alternate I (MAR 2020) of 52.219-13.

(19) 52.219-14, Limitations on Subcontracting (MAR 2020) (15 U.S.C. 637(a)(14)).

(20) 52.219-16, Liquidated Damages-Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)).

(21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set- Aside (MAR 2020) (15 U.S.C. 657f).

(22)

(i) 52.219-28, Post Award Small Business Program Rerepresentation (NOV 2020) (15 U.S.C. 632(a)(2)).

(ii) Alternate I (MAR 2020) of 52.219-28.

(23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (MAR 2020) (15 U.S.C. 637(m)).

(24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Mar2020) (15 U.S.C.

637(m)).

(25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

(26) 52.219-33, Nonmanufacturer Rule (MAR 2020) (15U.S.C. 637(a)(17)).

(27) 52.222-3, Convict Labor (JUN 2003) (E.O.11755).

(28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies

(JAN2020) (E.O.13126).

(29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(30)

(i) 52.222-26, Equal Opportunity (SEP 2016) (E.O.11246).

(ii) Alternate I (FEB 1999) of 52.222-26.

(31)

(i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

(ii) Alternate I (JUL 2014) of 52.222-35.

(32)

(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

(ii) Alternate I (JUL 2014) of 52.222-36.

(33) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

(34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

(DEC 2010) (E.O. 13496).

(35)

(i) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O.

13627).

(ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(36) 52.222-54, Employment Eligibility Verification (OCT 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

(37)

(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

(ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

(38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

(39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and

Air Conditioners (JUN 2016) (E.O. 13693).

(40)

(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

(ii) Alternate I (OCT 2015) of 52.223-13.

(41)

(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

(ii) Alternate I (Jun2014) of 52.223-14.

(42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).

(43)

(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

(ii) Alternate I (JUN 2014) of 52.223-16.

(44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN

2020) (E.O. 13513).

(45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

(46) 52.223-21, Foams (Jun2016) (E.O. 13693).

(47)

(i) 52.224-3 Privacy Training (JAN 2017) (5 U.S.C. 552 a).

(ii) Alternate I (JAN 2017) of 52.224-3.

(48) 52.225-1, Buy American-Supplies (JAN2021) (41 U.S.C. chapter 83).

(49)

(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (JAN 2021)(41 U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-

169, 109-283, 110-138, 112-41, 112-42, and 112-43.

(ii) Alternate I (JAN 2021) of 52.225-3.

(iii) Alternate II (JAN 2021) of 52.225-3.

(iv) Alternate III (JAN 2021) of 52.225-3.

(50) 52.225-5, Trade Agreements (OCT 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

(51) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(52) 52.225-26, Contractors Performing Private Security Functions Outside the United

States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302Note).

(53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42 U.S.C. 5150).

(54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150).

(55) 52.229-12, Tax on Certain Foreign Procurements (JUN 2020).

(56) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

(57) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

(58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management

(OCT2018) (31 U.S.C. 3332).

(59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

(60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

(61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

(62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017) (15 U.S.C. 637(d)(13)).

(63)

(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

(ii) Alternate I (APR 2003) of 52.247-64.

(iii) Alternate II (FEB 2006) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.222-41, Service Contract Labor Standards (AUG 018) (41 U.S.C. chapter67).

(2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

(3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards- Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

(4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards- Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).

(5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment- Requirements (May 2014) (41 U.S.C. chapter 67).

(6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY 2014) (41 U.S.C. chapter 67).

(7) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020).

(8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O.

13706).

(9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020)

(41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services

Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub.

L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115- 232).

(v) 52.219-8, Utilization of Small Business Concerns (OCT

2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(vii) 52.222-26, Equal Opportunity (SEP 2015) (E.O.11246).

(viii) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

(x) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222- 40.

(xii) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

(xiii)

(A) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O 13627).

(B) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment- Requirements (May2014) (41 U.S.C. chapter 67).

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xvi) 52.222-54, Employment Eligibility Verification (OCT 2015) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O.

13706).

(xix)

(A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels

(FEB 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

52.202-1 Definitions

52.203-5 Covenant Against Contingent Fee

52.203-6 Restrictions on Subcontractor Sales to the Government Alternate I (Jun 2020)

52.203-6 Anti-Kickback Procedures

52.203-12 Limitations on Payment to Influence Certain Federal Transactions (Oct 2010)

52.204-13 System for Award Management Maintenance (Oct 2016)

52.204-18 Commercial and Government Entity Code Maintenance (Jul 2016)

52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014)

52.212-4 Contract Terms and Conditions – Commercial Items (Jan 2017)

52.217-5 Evaluation of Options

52.217-8 Option to Extend Services

52.217-9 Option to Extend the Term of the Contract

52.232-1 Payments (Apr 1984)

52.232-23 Assignment of Claims (May 2014)

52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013)

52.232-40 Providing Accelerated Payments for Small Business Subcontractors (Dec 2013)

52.233-1 Disputes (May 2014)

52.243-1 Changes – Fixed Price (Aug 1987)

52.246-2 Inspection of Supplies – Fixed Price (Aug 1996)

52.247-34 F.O.B. Destination (Nov 1991)

52.247-48 F.O.B. Destination – Evidence of Shipment (Feb 1999)

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

P. DELIVERY HOURS:

Material Delivery shall be performed between the hours of 8:00 a.m. and 4:30 p.m., Monday through Friday, holidays excluded.

R. INTERPRETATION OF CONTRACT REQUIREMENTS:

No interpretation of any provision of this contract, including applicable specifications, shall be binding on the Government unless furnished or agreed to in writing by the Contracting Officer.

S. Evaluation and Basis of Award:

The Government will evaluate all responses received using the instructions provided. The Government may reject any or all proposals if such action is in the Government’s best interest; accept other than the lowest proposal; award without discussions; accept proposal without all specified requirements or waive informalities and minor irregularities in the submitted proposals.

The Government anticipates making a single award for a firm-fixed-price contract under this acquisition.

T. Instructions to Offerors:

Offerors shall explicitly and completely identify any and all exceptions taken to the requirements of this specification. Drawings, literature, and any other information submitted with offer shall not constitute a stated or implied exception unless specifically identified in writing as an exception and accepted and implemented by an amendment to the solicitation or modification to the contract. Any exception deemed acceptable by the Government shall only apply to the specific item, requirement, etc. cited, and shall not extend to any other requirement.

THE INTENT IS TO ISSUE A TECHNICAL INSTRUCTION TO INITIATE WORK PER STATEMENT

OF WORK PARAGRAPHS.

U. Questions:

Please direct questions to:

Quinton Hamm, Contract Specialist. Quinton.B.Hamm@usace.army.mil. Email inquiries are required for questions.

The cutoff date for questions will be 25 Aug 2022 at 11:00AM local time.

All general contract requirements are accomplished without deficiencies or safety violations.

SECTION A - SOLICITATION/CONTRACT FORM

The required response date/time has changed from 08-Jun-2021 11:00 AM to 01-Sep-2022 02:00 PM.

(End of Summary of Changes)