A21 - W912PM24Q0002 - CFLD Debris Removal - Final.pdf

SEE ADDENDUM

(No Collect Calls)

W912PM24Q0002 25-Mar-2024

b. TELEPHONE NUMBER

(910) 251-4804

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 25 Apr 2024

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA X ARE

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

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W912PM9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

DIANA D CURL

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

(TYPE OR PRINT)

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

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

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

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

W81LJ822163222

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

U S ARMY CORPS OF ENGINEERS, WILMINGTON

WILMINGTON DISTRICT

ATTN: CONTRACTING DIVISION

69 DARLINGTON AVE

WILMINGTON NC 28403-1343

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE W912PM 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

CAPE FEAR LOCK & DAM

DANA MATICS

2080 JORDAN DAM ROAD

MONCURE NC 27559

TEL: (919) 542-4501 X2423 FAX:

910-251-4454FAX:

TEL: 910-251-4711 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$47,000,000

NAICS:

562119

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Locks and Dams -FFP

BASE YEAR - 27 MAY 2024 - 26 MAY 2025 --

The Contractor shall provide all labor, equipment, vehicles, vessels, materials and supplies necessary to perform the tasks for the project detailed in the Statement of Work at Cape Fear River Lock and Dam #1 in Riegelwood, NC, Cape Fear River Lock and Dam #2 in Elizabethtown, NC, and William O’Huske Lock and Dam in Fayetteville, NC. The total amount for this contract shall not exceed $750,000.00 (Total for Base + 4 Option years). The minimum guaranteed amount for this contract will be $5,000.00 total for all three locations combined for the Base Year only. There is no minimum guarantee for the option years. The period of performance in the Base Year is for 12 months or for $150,000.00 capacity in issued task orders combined for all three locations; whichever comes first.

FOB: Destination

PURCHASE REQUEST NUMBER: W81LJ822163222

PSC CD: S205

NET AMT

1001 1 Job Locks and Dams -FFP

OPTION YEAR 1 - 27 MAY 2025 - 26 MAY 2026 --

The Contractor shall provide all labor, equipment, vehicles, vessels, materials and supplies necessary to perform the tasks for the project detailed in the Statement of Work at Cape Fear River Lock and Dam #1 in Riegelwood, NC, Cape Fear River Lock and Dam #2 in Elizabethtown, NC, and William O’Huske Lock and Dam in Fayetteville, NC. The total amount for this contract shall not exceed $750,000.00 (Total for Base + 4 Option years). The minimum guaranteed amount for this contract will be $5,000.00 total for all three locations combined for the Base Year only. There is no minimum guarantee for the option years. The period of performance for Option Year 1 is for 12 months or for $150,000.00 capacity in issued task orders combined for all three locations; whichever comes first.

FOB: Destination

2001 1 Job Locks and Dams -FFP

OPTION YEAR 2 - 27 MAY 2026 - 26 MAY 2027 --

The Contractor shall provide all labor, equipment, vehicles, vessels, materials and supplies necessary to perform the tasks for the project detailed in the Statement of Work at Cape Fear River Lock and Dam #1 in Riegelwood, NC, Cape Fear River Lock and Dam #2 in Elizabethtown, NC, and William O’Huske Lock and Dam in Fayetteville, NC. The total amount for this contract shall not exceed $750,000.00 (Total for Base + 4 Option years). The minimum guaranteed amount for this contract will be $5,000.00 total for all three locations combined for the Base Year only. There is no minimum guarantee for the option years. The period of performance for Option Year 2 is for 12 months or for $150,000.00 capacity in issued task orders combined for all three locations; whichever comes first.

3001 1 Job Locks and Dams -FFP

OPTION YEAR 3 - 27 MAY 2027 - 26 MAY 2028 --

The Contractor shall provide all labor, equipment, vehicles, vessels, materials and supplies necessary to perform the tasks for the project detailed in the Statement of Work at Cape Fear River Lock and Dam #1 in Riegelwood, NC, Cape Fear River Lock and Dam #2 in Elizabethtown, NC, and William O’Huske Lock and Dam in Fayetteville, NC. The total amount for this contract shall not exceed $750,000.00 (Total for Base + 4 Option years). The minimum guaranteed amount for this contract will be $5,000.00 total for all three locations combined for the Base Year only. There is no minimum guarantee for the option years. The period of performance for Option Year 3 is for 12 months or for $150,000.00 capacity in issued task orders combined for all three locations; whichever comes first.

4001 1 Job Locks and Dams -FFP

OPTION YEAR 4 - 27 MAY 2028 - 26 MAY 2029 --

The Contractor shall provide all labor, equipment, vehicles, vessels, materials and supplies necessary to perform the tasks for the project detailed in the Statement of Work at Cape Fear River Lock and Dam #1 in Riegelwood, NC, Cape Fear River Lock and Dam #2 in Elizabethtown, NC, and William O’Huske Lock and Dam in Fayetteville, NC. The total amount for this contract shall not exceed $750,000.00 (Total for Base + 4 Option years). The minimum guaranteed amount for this contract will be $5,000.00 total for all three locations combined for the Base Year only. There is no minimum guarantee for the option years. The period of performance for Option Year 4 is for 12 months or for $150,000.00 capacity in issued task orders combined for all three locations; whichever comes first.

CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE

The minimum quantity and contract value for all orders issued against this contract shall not be less than the minimum quantity and contract value stated in the following table. The maximum quantity and contract value for all orders issued against this contract shall not exceed the maximum quantity and contract value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

$1,500.00 $1,500.00 $750,000.00 $750,000.00

DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND ORDER VALUE

This will be an indefinite quantity-indefinite delivery type of contract for a period of one (1) year from date of award, with options to extend for four (4) additional years; not to exceed a total of five (5) years. Funding will be allocated per task order. The total amount of this contract shall not exceed $750,000.00. The minimum guaranteed amount for this contract will be $5,000.00 total for the Base Year only. There is no minimum guarantee for the option years.

The minimum quantity and order value for each Delivery/Task Order issued shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for each Delivery/Task Order issued shall not exceed the maximum quantity and order value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

1.00 $1,500.00 $150,000.00 $150,000.00

NOTE: NO FUNDING IS PROVIDED UNDER THIS CONTRACT. ALL FUNDING WILL BE PLACED ON

INDIVIDUAL TASK ORDERS ISSUED UNDER THE CONTRACT.

SPECIAL CONTRACT REQUIREMENTS:

1. ORDERS:

Requirements will be ordered by the Contracting Officer through Task Orders.

2. EMERGENCY ORDERS:

In the case of an emergency situation, when a completed Task Order is not expected to reach the Contractor before the period of performance is needed to begin the Contracting Officer may give a verbal Notice to Proceed with a Not to Exceed amount for the forthcoming task order. In this case the Contracting Officer will follow up with a written Notice to Proceed via email as soon as reasonably possible. This Notice to Proceed will be the start date of the forthcoming task order.

3. CANCELLATION OF ORDERS:

Orders may only be canceled by the Contracting Officer. The Government shall provide written confirmation of verbal cancellations via email to the Contractor and to the COR.

TASK ORDER ISSUANCE PROCEDURES:

1. A Task Order will be issued for work requirements under this contract. The Task Order will be issued by the

Contracting Officer.

2. Before a Task Order is issued:

a. The contractor will be issued a Request for Quotation (RFQ), including a detailed Performance Work Statement, outlining the specific services required.

b. Upon reviewing the PWS, the contractor is required to provide a quotation with justifications documented by relevant contract line items.

c. Following submission of the contractors quotation, the proposal will be subject to a comprehensive evaluation by the Government. Based on this review, the quote may be accepted, or negotiations may be undertaken to achieve a mutually satisfactory agreement regarding the proposed costs.

e. After successful negotiations, if required, the Contracting Officer will issue a written Task Order. The Task Order will contain the following information:

1. Date of Task Order

2. Contract number and Task Order number

3. Contract Line Item Number (CLIN) and description, quantity, and unit price.

4. Scope of Work

5. Performance schedule

3. After the Task Order is issued:

a. Unless otherwise specified in the individual task order, the Contractor shall initiate work within 14 calendar days of order issuance.

b. All changes to the Task Order require a written modification signed by the Contracting Officer.

c. The Contracting Officer, upon the award of each Task Order, may appoint a Contracting Officer’s Representative (COR) or technical representative. It shall be the duty of the COR or technical representative to administer the Task Order to assure the work is performed in accordance with the Statement of Work. The COR shall also review and approve all Contractor invoices. All written correspondence with the Contractor shall come from the Contracting Officer or the COR.

d. Orders may be canceled by verbal direction of the Contracting Officer. In the event an order is canceled at least 24 hours prior to the required delivery, the U.S. Government shall not be liable for any charges. The Contractor shall provide written confirmation of verbal cancellations via email to the Contracting Officer and COR. For any orders canceled less than 24 hours prior to the required delivery, the ordering activity shall be responsible for cancellation costs, as negotiated under the ODC provisions. Any disagreements shall be subject to the Disputes clause (FAR 52.233-1).

e. Only the Contracting Officer can approve adjustments to Task Orders. The COR has no approval authority. Report any change requests to the Contracting Officer immediately. All contract/Task Order changes require a written, signed modification by the Contracting Officer.

2. Unauthorized Instructions from Government or Other Personnel. The Contractor shall not accept any instructions issued by any person, employed by the Government or otherwise, other than the Contracting Officer or the Contracting Officer’s Representative (COR) acting within the limits of the COR’s authority.

See the Contracting Officer’s Representative appointment letter to see where their authority limits are.

Service Contract Act Wage Determinations:

2015-4377, Revision -23, Dated 12/26/2023 – Cumberland County.

2015-4401, Revision -23, Dated 12/26/2023 – Bladen and Columbus Counties.

NC20240019 01-05-2024 - Heavy Dredging – NC Statewide Upon contract award, the Government will provide the latest relevant wage decisions. The Contractor is solely responsible for ensuring all employees working on this project are compensated according to these determinations.

The determinations can be found at https://sam.gov/content/home This will be a firm-fixed-price contract action.

FAILURE TO ADEQUATELY FULFILL THE SUBMISSION REQUIREMENTS ABOVE, AS FURTHER

DESCRIBED IN THE ATTACHED PWS, WILL RESULT IN YOUR OFFER BEING REMOVED FROM

CONTENTION.

CLIN MINIMUM/MAXIMUM QUANTITY

The minimum quantity(s) and CLIN value(s) for all orders issued against the CLIN(s) on this contract shall not be less than the minimum quantity(s) and CLIN value(s) stated in the following table. The maximum quantity(s) and CLIN value(s) for all orders issued against the CLIN(s) on this contract shall not exceed the maximum quantity(s) and CLIN value(s) stated in the following table.

MINIMUM MINIMUM MAXIMUM MAXIMUM

CLIN QUANTITY AMOUNT QUANTITY AMOUNT

0001 $1,500.00 $150,000.00 1001 $1,500.00 $150,000.00 2001 $1,500.00 $150,000.00 3001 $1,500.00 $150,000.00 4001 $1,500.00 $150,000.00

RATES

NOTE 1: SEE ATTACHED FILE NAMED “A21 – CONTRACTOR RATE TABLE” TO SUBMIT PRICES

NOTE 2: The entire contract minimum guarantee will be $5,000.00 total for all three locations combined for the Base Year only. There is no minimum guarantee for the option years. The total amount for this contract shall not exceed $750,000.00 (Total for Base + 4 Option years). The constraints are listed further in section B of this solicitation.

CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER VALUE

The minimum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not exceed the maximum quantity and order value stated in the following table.

CLIN

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

0001 $5,000.00 $150,000.00

1001 $1500.00 $ $150,000.00 $

2001 $1500.00 $ $150,000.00 $ https://sam.gov/content/home

3001 $1500.00 $ $150,000.00 $

4001 $1500.00 $ $150,000.00 $

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions JUN 2020 52.203-3 Gratuities APR 1984 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity

MAY 2014

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

52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-22 Alternative Line Item Proposal JAN 2017 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

52.204-27 Prohibition on a ByteDance Covered Application JUN 2023 52.209-2 Prohibition on Contracting with Inverted Domestic

Corporations--Representation

NOV 2015

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.212-1 Instructions to Offerors--Commercial Products and Commercial Services

SEP 2023

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

NOV 2023

52.217-5 Evaluation Of Options JUL 1990 52.219-6 (Dev) Notice of Total Small Business Set-Aside (DEVIATION

2020-O0008).

OCT 2020

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

SEP 2013

52.223-3 Hazardous Material Identification And Material Safety Data FEB 2021 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

AUG 2018

52.228-5 Insurance - Work On A Government Installation JAN 1997 52.229-3 Federal, State And Local Taxes FEB 2013 52.229-12 Tax on Certain Foreign Procurements FEB 2021 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 52.232-37 Multiple Payment Arrangements MAY 1999 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

MAR 2023

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 52.237-1 Site Visit APR 1984 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.242-5 Payments to Small Business Subcontractors JAN 2017 52.242-13 Bankruptcy JUL 1995 52.242-15 Stop-Work Order AUG 1989 52.243-1 Alt I Changes--Fixed Price (Aug 1987) - Alternate I APR 1984 52.246-2 Inspection Of Supplies--Fixed Price AUG 1996 52.246-4 Inspection Of Services--Fixed Price AUG 1996 52.246-25 Limitation Of Liability--Services FEB 1997 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

SEP 2022

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors JAN 2023 252.204-7006 Billing Instructions--Cost Vouchers MAY 2023 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

JAN 2023

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

JAN 2023

252.204-7016 Covered Defense Telecommunications Equipment or Services -- Representation

DEC 2019

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation

MAY 2021

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

JAN 2023

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements NOV 2023 252.204-7020 NIST SP 800-171 DoD Assessment Requirements NOV 2023 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

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

MAY 2019

252.223-7001 Hazard Warning Labels DEC 1991 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.223-7008 Prohibition of Hexavalent Chromium JAN 2023 252.225-7001 Buy American And Balance Of Payments Program--Basic JAN 2023 252.225-7002 Qualifying Country Sources As Subcontractors MAR 2022 252.225-7048 Export-Controlled Items JUN 2013 252.225-7972 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned

Aircraft Systems (DEVIATION 2020-O0015)

MAY 2020

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2022 252.244-7000 Subcontracts for Commercial Products or Commercial

Services

NOV 2023

252.246-7003 Notification of Potential Safety Issues JAN 2023 252.247-7023 Transportation of Supplies by Sea JAN 2023

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-- Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that--

(1) It [ ___ ] will, [ ___ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--

It [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT

2020)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(c) Representations.

(1) The Offeror represents that it [ ___ ] does, [ ___ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

(End of provision)

“ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS Provisions that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following provisions are incorporated into 52.212-1 as an addendum to this solicitation:

1. Quote/Bid Schedule: Offerors are to provide prices in the Contractor Rate Table for all five (5) years.

Please provide unit prices for each line item and multiply by quantity and unit to provide a total amount.

The rates provided in the Contractor Rate Table will become the pricing list for any subsequent contract award.

2. Questions: Questions to this RFQ shall be submitted via electronic mail to BOTH the Contract Specialist

(diana.d.curl@usace.army.mil) and the Contracting Officer (troy.d.small@usace.army.mil). Questions shall be accepted until 16:00 ET on April 12, 2024. The Government is not obligated to respond to any questions received after that date and time. All questions received within the designated timeframe that the Government considers relevant, will be answered. Responses to questions will be provided as amendment to the RFQ. Telephonic inquires will not be responded to.

3. SAM Registration: Each prospective awardee shall be registered and be active in the System for Award Management (SAM) database prior to award. If the Offeror does not become registered to receive contracts with an active Cage Code and show as active to receive contract awards in the SAM database in the time https://www.sam.gov/ mailto:diana.d.curl@usace.army.mil mailto:troy.d.small@usace.army.mil prescribed by the Contracting Officer (NLT due date/time of solicitation), the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the Internet at https://www.sam.gov/portal/public/SAM/ or by calling 866-606-8220, Monday – Friday from 8am – 8pm EST. On-line Representations and Certifications may also be filled out at this website.

4. Quote Preparation Instructions:

a. Specific Instructions: Offerors are to provide prices in the Contractor Rate Table, excel spreadsheets for all five (5) years. Fill in prices on every spreadsheet. There are a total of 10 spreadsheets. Please provide unit prices for each line item and multiply by quantity and unit to provide a total amount. The rates provided in the quote schedule will become the pricing list for any subsequent contract award.

b. The Contractor shall complete Blocks 12, 17a [include name and address of company, cage code, Unique Entity ID, and Tax Identification Number], and sign and date in blocks 30a, 30b and 30c) of Standard Form 1449. Submit signed and dated Offers to Contract Specialist Diana Curl via email to diana.d.curl@usace.army.mil and to the Contracting Officer, Troy Small via email to troy.d.small@usace.army.mil. Quote shall be legible and prepared as described in FAR Clause 52.212-2, Evaluation – Commercial Items. Submit offer via email no later than 14:00 (ET) on April 25, 2024. Offer shall be complete, self-sufficient, and respond directly to the requirements of this solicitation. Recommend follow-up phone call or email to ensure quote has been received.

5. Site Visit: A site visit has been scheduled for:

Monday, April 8, 2024 at 11:00 AM E.T.

Location: William O’Huske Lock and Dam Address: 1248 Bill Hall Road, Fayetteville, NC 28306

Point of Contact for the site visit, Dana Matics Email: Dana.L.Matics@usace.army.mil, Cell Phone: (919) 930-4897, Work Phone: (919) 542-4501 x2423.

RSVP for the site visit to diana.d.curl@usace.army.mil, troy.d.small@usace.army.mil and Dana.L.Matics@usace.army.mil NLT Thursday, April 4, 2024 4:00 P.M. ET.

https://www.sam.gov/portal/public/SAM/ mailto:diana.d.curl@usace.army.mil mailto:troy.d.small@usace.army.mil mailto:diana.d.curl@usace.army.mil mailto:troy.d.small@usace.army.mil

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

TECHNICAL FACTORS:

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

Award shall be made to the Lowest Priced offer that is technically acceptable.

The Government intends to evaluate offers and award a contract without discussions with Offerors. Therefore, the Offeror’s initial offer should contain the Offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary.

The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

This solicitation shall be evaluated by awarding to the quote that is technically acceptable and the lowest price.

Quotes will be evaluated using informal source selection procedures.

The following factors shall be used to evaluate offers:

(i) Price. Contractor shall provide pricing on Contractor Rate Table and the Equipment Breakout Table B for all five (5) years.

(ii) Technical Capability. The Offeror shall meet the technical requirements to meet the minimum requirement of the technical capability.

Evaluation –Each item in the Technical Requirements Table will receive one of the adjectival ratings defined below.

Any criterion that receives “U” rating will result in an overall unacceptable rating for the factor and are not eligible for award.

ADJECTIVAL RATING

DEFINITION

Acceptable (A) Quote clearly meets the minimum requirements of the solicitation.

Unacceptable (U) Quote does not clearly meet the minimum requirements of the solicitation.

TECHNICAL CRITERIA A or U The offeror is registered and has no active or inactive exclusions listed in their Entity Record on the System for Award Management (SAM).

In accordance with FAR 42.15, the offeror does not have any relevant Past Performance Evaluations in which their performance was rated at “Unsatisfactory” or “Marginal” in the last five (5) years. Relevant evaluations may be obtained from the Contractor Performance Assessment Reporting System (CPARS), Past Performance Information Retrieval System (PPIRS), or Past Performance Questionnaires. Subfactor ratings to Past Performance that will be considered include, quality of product/service, cost, schedule, small business, and management.

Offerors are required to submit prior experience of recent and relevant contracts/projects at the time of quote. Contracts/Projects can be performed with Federal, State, local or private companies. Government contracts are preferred but not required.

Contracts/Projects that are relevant are defined as those that are similar to the requirements of the Statement of (SOW) for debris removal services. Contracts that are recent are defined as those that have been completed within the last five (5) years.

A minimum of two (2) contracts/projects shall be provided to include: contract number, title of project, detailed description of work performed, and Point of Contact.

Please do not submit more than five (5) contracts/projects. In order for an offeror to be determined technically acceptable, the offeror must show previous experience with the type of work described in the SOW. Offerors must show previous experience on a minimum of two (2) contracts/projects.

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

For the purposes of the award of this Contract, the Government intends to evaluate the option to extend services under FAR 52.217-8 as follows: The evaluation will consider the possibility that the option can be exercised at any time and can be exercised in increments of one to six months, but for no more than a total of six months during the life of the contract. The evaluation will assume that the prices for any option exercised under FAR 52.217-8 will be at the same rates as those in effect under the contract at the time the option is exercised. The evaluation will therefore assume that the addition of the price or prices of any possible extension or extensions under FAR 52.217-8 to the total price for the basic requirement and the total price for the priced options has the same effect on the total price of all quotes relative to each other. This evaluation will not obligate the Government to exercise any option under FAR 52.217-8.

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

ADDENDUM TO 52.212-2

BASIS FOR CONTRACT AWARD: In accordance with FAR 13.500, the award will be evaluated using simplified procedures that maximize efficiency and economy and minimize the burden and administrative costs for both the government and industry. A single Offeror will be selected who is deemed responsible in accordance with the Federal Acquisition Regulation (FAR) 9.104-1, and whose offer conforms to the solicitation requirements including all stated terms, conditions, representations, certifications, and all other information required, and is judged, based on the evaluation criteria, to represent the best value to the government. Best value is expected to result from selection of the technically acceptable quote with the lowest evaluated price.

Evaluation Methodology: An award will be made to a single offeror. Any award to be made will be based on Lowest Price, Technically Acceptable (LPTA) procedures. No offer will be accepted that does not contain the total amount of work specified in this solicitation.

(End of provision)

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

COMMERCIAL SERVICES (MAY 2022) ALTERNATE I (OCT 2014)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

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

"Covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

"Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

"Forced or indentured child labor" means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

https://www.sam.gov/

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

(10) PSC 9630, Additive Metal Materials.

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

"Reasonable inquiry" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

"Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

"Sensitive technology"—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

"Service-disabled veteran-owned small business 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"—

(1) 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 size standards in this solicitation.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

"Small disadvantaged business concern, consistent with 13 CFR 124.1002," 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.

"Subsidiary" means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

"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 business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

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

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

"Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127)," means a small…