A12._Sources_Sought.pdf

W912P919T0007

BPA SOURCES SOUGHT INSTRUCTION

1. Submit Capabilities Statement adequate to show their ability to provide the supplies listed in the Scope of Work to include any portions of the Scope of Work that can be provided, if not all.

2. Submit all applicable Certifications.

3. All interested parties MUST be registered in SAM in order to receive an agreement. If you are not registered with SAM, you may contact the SAM Help Desk at 1-866-606-8220 or register on-line at http://www.sam.gov.

4. The Government will determine the number of agreements issued based on responses in order to have an adequate number of vendors to provide all types of supplies required.

SCOPE OF WORK

Scope of Work

Wire Rope U.S. Army Corps of Engineers, St. Louis District

Period of Performance: Date of Award – Five Years

1. DEFINITIONS:

Government - refers to the U.S. Army Corps of Engineers, St. Louis District

2. SUPPLIES:

Request for Quotes may be issued for a range of Wire Ropes and Wire Seizing Strands. Including different types, sizes, end fittings and attachments, socket fabrication, socketing of wire rope assemblies that will fall into, but not limited to one of the broad categories of supplies listed below*.

1. Type I - General purpose wire ropes

a. Class 1 - 6 by 7

b. Class 2 - 6 by 19

i. Construction 1 - 6 by 19 (2 operations)

ii. Construction 2 - 6 by 19 Warrington

iii. Construction 3 - 6 by 19 Seale

iv. Construction 4 - 6 by 19 Filler wire

v. Construction 5 - 6 by 19 Warrington-Seale

c. Class 3 - 6 by 37 and 6 by 36

i. Construction 1 - 6 by 37 (3 operations)

ii. Construction 2 - 6 by 37 (2 operations)

iii. Construction 3 - 6 by 37 Seale (2 operations)

iv. Construction 4 - 6 by 36 Filler wire

v. Construction 5 - 6 by 36 Seale-Warrington

vi. Construction 6 - 6 by 36 Warrington-Seale

vii. Construction 7 - 6 by 36 Seale-Filler wire

viii. Construction 8 - 6 by 36 Filler wire-Seale

ix. Construction 9 - 6 by 36 Seale-Warrington-Seale

d. Class 4 - 8 by 19

i. Construction 1 - 8 by 19 (2 operations)

ii. Construction 2 - 8 by 19 Warrington

iii. Construction 3 - 8 by 19 Seale

iv. Construction 4 - 8 by 19 Filler wire

v. Construction 5 - 8 by 19 Warrington-Seale

e. Class 5 - 6 by 61

i. Construction 1 - 6 by 61 (3 operations)

ii. Construction 2 - 6 by 61 (2 operations)

iii. Construction 3 - 6 by 61 (2 operations)

iv. Construction 4 - 6 by 61 Filler wire-Seale

v. Construction 5 - 6 by 61 Seale-Warrington-Seale

vi. Construction 6 - 6 by 61 Seale-Filler wire-Seale

f. Class 6 - 6 by 91

i. Construction 1 - 6 by 91 (4 operations)

ii. Construction 2 - 6 by 91 (3 operations)

iii. Construction 3 - 6 by 91 (3 operations)

iv. Construction 4 - 6 by 91 (2 operations)

2. Type II - Elevator

a. Class 1 - 6 by 19

i. Construction 1 - 6 by 19 Warrington

ii. Construction 2 - 6 by 19 Filler wire

iii. Construction 3 - 6 by 19 Warrington-Seale

b. Class 2 - 8 by 19

i. Construction 1 - 8 by 19 (2 operations)

ii. Construction 2 - 8 by 19 Warrington

iii. Construction 3 - 8 by 19 Seale

iv. Construction 4 - 8 by 19 Filler wire

v. Construction 5 - 8 by 19 Warrington-Seale

3. Type III - Marine (cables)

a. Class 1 - 6 by 6 deck lashing ropes

b. Class 2 - 6 by 12 running ropes

c. Class 3 - 6 by 24 mooring lines

i. Construction 1 - 6 by 24 (2 operations)

ii. Construction 2 - 6 by 24 Warrington

iii. Construction 3 - 6 by 24 Seale

d. Class 4 - 6 by 3 by 7 spring lay

e. Class 5 - 6 by 3 by 19 spring lay

i. Construction 1 - 6 by 3 by 19 (2 operations)

ii. Construction 2 - 6 by 3 by 19 Warrington

iii. Construction 3 - 6 by 3 by 19 Seale

f. Class 6 - 6 by 42 tiller or hand control ropes

4. Type IV - Miscellaneous

a. Class 1 - 5 by 19 marline-clad

i. Construction 1 - 5 by 19 (2 operations)

ii. Construction 2 - 5 by 19 Warrington

iii. Construction 3 - 5 by 19 Filler wire

b. Class 2 - 18 by 7 rotation resistant

c. Class 3 - flattened strand

i. Construction 1 - 6 by 25 style B

ii. Construction 2 - 6 by 30 style G

iii. Construction 3 - 6 by 27 style H

iv. Construction 4 - 6 by 31 style V

d. Class 4 - 8 by 19 rotation resistant

i. Construction 1 - 8 by 19 Seale

ii. Construction 2 - 8 by 19 Filler wire

iii. Construction 3 - 8 by 19 Warrington-Seale

5. Type V - Auxiliary wire strands

a. Class 1 - 1 by 7 seizing strand

b. Class 2 - 1 by 19 seizing strand (2 operations)

6. Type VI - Small cords

a. Class 1 - 3 by 7

b. Class 2 - 7 by 7 (6 by 7 wire strand core)

c. Class 3 - 7 by 19 (6 by 19 wire strand core) (2 operations)

*The list does not include all types, classes, constructions, and sizes of wire rope and strand that are commercially available, but it is intended to cover the more common types, classes, constructions, and sizes that are suitable for federal government use. Other types, classes, constructions, and sizes of wire rope and strand may be ordered against this BPA.

Wire Ropes and Wire Seizing Strands shall comply with:

American Society for Testing and Materials (ASTM) Standards, U.S. General Services Administration (GSA) – FS RR-W-410 (Rev H) Wire Rope and Strand, Wire Rope Technical Board (WRTB) – (2005) Wire Rope User’s Manual

3. ORDERING:

The Government will follow the RFQ process described in the terms and conditions of this BPA.

4. DELIVERY TICKETS OR SALES SLIPS: All pricing will be FOB Destination. The original and one (1) copy of the contractor’s sales slip or delivery ticket shall accompany each delivery made under this agreement. Each delivery ticket or sales slip shall contain the following:

a. Contractor Name

b. BPA number and Call order number

c. Date of Purchase

d. Itemized list of supply(s) furnished including location

e. Quantity, Unit Price, Total Cost

f. Date of Delivery

TERMS & CONDITIONS

Blanket Purchase Agreement (BPA)

Terms and Conditions Wire Rope

U.S. Army Corps of Engineers, St. Louis District

In accordance with FAR 13.303, this Blanket Purchase Agreement (BPA) will be utilized for the purpose of ordering any combination of wire rope and wire seizing strands supply(s), as described in the scope of work, for the Corps of Engineers, St. Louis District, which includes the following locations:

Lock and Dam No. 24, 350 North 1st Street, Clarksville, MO 63336 Lock and Dam No. 25, #10 Sandy Slough, Winfield, MO 63389 Melvin Price Locks & Dam, #1 Lock and Dam Way, East Alton, IL 62024 Locks 27, 3219 W. 20th Street, Granite City, IL 62040 Service Base, Foot of Arsenal Street, St. Louis, MO 63118 Rivers Project Office Warehouse, located 1.5 miles south of 301 Riverlands Way, West Alton, MO

63386

5. DEFINITIONS:

Government - refers to the U.S. Army Corps of Engineers, St. Louis District

6. ACCEPTANCE:

Upon review and acceptance of this BPA Master, by a signature of your company and the Government, you will be required to furnish any combination of supplies described in the Scope of Work, when a Call Order is issued, by an authorized purchaser from the Government (see paragraph 4)

7. GOVERNMENT OBLIGATION:

Establishment of this BPA does not obligate the Government to make any purchases. The Government is obligated only to the extent of authorized call orders which are placed against this BPA Master, and by an authorized agent of the Government (see paragraph 4).

8. AUTHORIZED PURCHASERS:

Only the authorized purchasers as described in this paragraph can purchase under this BPA. Only personnel from the US Army Corp of Engineers-St. Louis District, Contracting Office is authorized to make purchases against this Master Agreement.

9. BPA CALL ORDER LIMITATIONS:

The maximum dollar purchase per call order is: $6,500,000.00.

10. EFFECTIVE DATES/TERMINATION:

This BPA is not effective until it is signed by a Government Contracting Officer. After the Contracting Officer signature, this BPA is valid for five (5) years. The Government reserves the right to replace, extend, or terminate the BPA at any point, by providing written notice to the Contractor within 30 days of the action.

11. REVIEW OF AGREEEMENTS:

In accordance with FAR 13.303-6, the BPA is subject to a random annual review. Reviews are performed by the Contracting Office. Should a review reveal adverse findings, the Contracting Office will contact the Contractor in writing.

12. REQUEST FOR QUOTE (RFQ) PROCEDURES:

The Government will send an email to the Contractors’ Point of Contact (POC).

The email RFQ will contain the following at a minimum:

Unique RFQ # Requirement description Applicable maps, links and or notes Response date, & time Government POC

If interested in quoting, the Contractor shall return a completed quote to the Government POC by the date and time specified, by email. The Contractor is not required to quote on every RFQ, and negative responses are not required, unless stated in the RFQ.

The Government will not evaluate/award prior to the response date and time stated in the RFQ.

An award decision will be made based on an evaluation of quote(s) submitted in response to the RFQ. Awards will be issued as “Call Orders” against the BPA Master.

13. INVOICES & PAYMENT INFORMATION:

BPA call orders will be invoiced & billed separately. Each call order will contain instructions concerning who to send invoices and shipping documents. If the total dollar value of the call order is below the Government’s micro-purchase limit this agreement will not be used.

14. CLAUSE AND PROVISION AGREEMENT:

The clauses and provisions included in the Master BPA are incorporated and applicable to all call orders placed against the BPA Master.

15. CONTRACTING OFFICERS REPRESENTATIVE (COR) (OPTIONAL):

A COR may be designated to a call order, should the Contracting Officer find it necessary due to the requirement. The Contractor shall accept instructions only from the Contracting Officer or a duly appointed representative (a COR). Only a warranted Contracting Officer acting within their delegated limits has the authority to issue modifications or otherwise change the terms and conditions of this agreement. If an individual other than the Contracting Officer attempts to make changes to the terms and conditions of this agreement or make changes to any issued call orders, the contractor shall not proceed with the change and shall immediately notify the Contracting Officer.

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-17 Ownership or Control of Offeror JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.211-17 Delivery of Excess Quantities SEP 1989 52.212-1 Instructions to Offerors--Commercial Items OCT 2018 52.212-5 (Dev) Contract Terms and Conditions Required to Implement

Statutes or Executive Orders--Commercial Items (Deviation 2018-O0021)

OCT 2018

52.219-1 Small Business Program Representations OCT 2014 52.219-6 Notice Of Total Small Business Set-Aside NOV 2011 52.222-3 Convict Labor JUN 2003 52.222-19 Child Labor -- Cooperation with Authorities and Remedies JAN 2018 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-22 Previous Contracts And Compliance Reports FEB 1999 52.222-50 Combating Trafficking in Persons MAR 2015 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

DEC 2013

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004

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

APR 1984

252.203-7000 Requirements Relating to Compensation of Former DoD Officials

SEP 2011

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

DEC 2008

252.204-7004

REVISED

CENTRAL CONTRACTOR REGISTRATION ALT A MAR 2012

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

OCT 2016

252.225-7001 Buy American And Balance Of Payments Program-- Basic DEC 2017 252.225-7002 Qualifying Country Sources As Subcontractors DEC 2017 252.243-7001 Pricing Of Contract Modifications DEC 1991

CLAUSES INCORPORATED BY FULL TEXT

52.212-4 CONTRACT TERMS AND CONDITIONS-- COMMERCIAL ITEMS (OCT 2018)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights (1) within a reasonable time after the defect was discovered or should have been discovered; and

(2) before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes'', as amended (41 U.S.C. 601-613).

Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement or any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include--

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer--Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.--

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.

3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall--

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the--

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C.

7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if--

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on--

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b.

destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C.

chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order: (1) the schedule of supplies/services; (2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause; (3) the clause at 52.212-5; (4) addenda to this solicitation or contract, including any license agreements for computer software; (5) solicitation provisions if this is a solicitation; (6) other paragraphs of this clause; (7) the Standard Form 1449; (8) other documents, exhibits, and attachments; and (9) the specification.

(t) Reserved.

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C.

1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an ``I agree'' click box or other comparable mechanism (e.g., ``click-wrap'' or ``browse-wrap'' agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause)