W912QR20Q0121.pdf

SEE ADDENDUM

(No Collect Calls)

W912QR20Q0121 31-Aug-2020

b. TELEPHONE NUMBER

502.315.6172

8. OFFER DUE DATE/LOCAL TIME

10:00 AM 21 Sep 2020

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.

W912QR9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

ADYSON MEDLEY

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

W22W9K02180669

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 ENGINEER DISTRICT, LOUISVILLE

600 DR. MARTIN LUTHER KING, JR. PLACE

ROOM 821

LOUISVILLE KY 40202-2239

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

502.315.6195 OR 6193FAX:

TEL: 502.315.6172 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

1,250

NAICS:

336611

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

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

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF54

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.

W912QR20Q0121

Section SF 1449 - CONTINUATION SHEET

SPECIAL INSTRUCTIONS

This Request for Quote (RFQ) is for a Contract to supply and repair drydock at Newburgh Locks and Dam, Indiana.

U.S. Army Corps of Engineers Newburgh Locks and Dam 6877 State Rd 66 Newburgh, IN 47630

This procurement is 100% set-aside for Small Business, NAICS 336611

Method of Payment under this contract will be Electronic Funds Transfer (EFT) to a commercial bank account specified by the Contractor.

Note: The contract award will be based on Lowest Price. One firm fixed-price award will be made from this RFQ. In lieu of both Performance and Payment Bonds, per FAR 52.228-13 Alternate Payment Protections (2000) and FAR 28.102-1(b), only a Payment Bond or an Irrevocable Letter of Credit is required. A Performance Bond is not required.

Quotes are due on 21 September 2020 at 10:00 am Eastern Time. Only Email submissions will be accepted. Please submit quotes to adyson.medley@usace.army.mil. Fax submittals will not be accepted.

SITE VISITS HIGHLY RECOMMENDED.

Contact: William Edwards (812) 853-8470

All contractors must be registered in the System for Award Management (www.SAM.gov) prior to award of a contract. All proposed contractors are highly encouraged to review FAR Clause 52.232-33 Payments by Electronic Funds Transfer – System for Award Management, which indicates “All payments by the Government under this contract shall be made by electronic funds transfer (EFT).” Those not currently registered can obtain registration by going to the website http://www.SAM.gov. The process can usually be completed from 24 to 48 hours after submission. Contractors will need to obtain a Unique Entity Identifier (formerly DUNS number) for processing their registration. If you do not already have a Unique Entity Identifier, one can be obtained from http://www.SAM.gov.

Refer to www.SAM.gov for information formerly found in CCR, EPLS, ORCA and FedReg.

Please begin the registration process immediately in order to avoid delay of the contract award should your firm be selected.

ALERT: You must submit a notarized letter appointing the authorized Entity Administrator before your registration will be activated. This requirement now applies to both new and existing entities. Effective 29 April 2018, the notarized letter process is now mandatory on all CURRENT registrants at SAM who have a requirement to update data on their SAM record. The notarized letter is mandatory and is required before the GSA Federal Service Desk (FSD) will activate the entity's registration.

Effective 29 June 2018, vendors creating or updating their registration can have their registration activated prior to the approval of the required notarized letter. However, the signed copy of the notarized letter must be sent to the GSA Federal Service Desk (FSD) within 30 days of activation or the vendor risks no longer being active in SAM.

Vendors can check whether an account is active by performing a query by their CAGE or Unique Entity Identifier (known as DUNS). The new registration process may now take several weeks, so vendors are highly encouraged to begin registering as soon as possible to avoid any possible delays in future contract awards. Remember, there is no cost to use SAM.

To find out additional information about the changes of the SAM registration process, contractors should visit the Frequently Asked Questions (FAQ) link located at the top of the SAM homepage (www.sam.gov).

PRICE BREAKOUT SCHEDULE

LINE

ITEM:

DESCRIPTION: QTY: UNIT: UNIT

PRICE:

TOTAL COST:

0001 Drydock of MV Hodges (See Scope of Work, paragraph 4 Specifications, subparagraph A)

1 EA $

0002 The contractor will investigate/troubleshoot the cause of vibrations noticed at RPMS under 1500. (See Scope of Work, paragraph 4 Specifications, subparagraph

EA

0003 The contractor will inspect vessel in accordance with Title 46 Chapter I Subchapter M Part 137 (See Scope of Work, paragraph 4 Specifications, subparagraph A)

0004 The contractor will remove and replace the cutlass bearing, packing glands, tail shafts replace the wheels with Corps provided wheels on both the starboard and port sides. Rehab wheels removed from vessel. (See Scope of Work, paragraph 4

0005 The contractor will repair oil leak on port main engine. (See Scope of Work, paragraph 4

0006 Transportation of vessel to and from dry-dock facility if over 50 river miles from Ohio River Mile 776. (See Scope of Work, paragraph 4

TOTAL

BASE

OPTIONS: The following are optional and if deemed necessary, options will be exercised within 7 days after the inspection of the component listed in the option and up to the contract end date.

0007 Option 1 - The Contractor will prime and paint the entire hull up to deck level. (See Scope of Work, paragraph 4

0008 Option 2 - The contractor will repair/replace the skin cooler guards and brackets on the port and starboard side as needed. (See Scope of Work, paragraph 4 Specifications, subparagraph A)

0009 Option 3 - Welding up of pitting. Contractor fill up corrosion pitting by weld buildup of pits > 1/8” deep as identified by the gov’t technical representative. This option shall consist of welding up 100 pit and can be exercised up to 10 times.

Option shall be exercised before work commences.

0010 Option 4 - Welding of linear seams. Contractor gouge or ground out a corroded or opens seam down to sound metal, and repair by welding in areas identified by the gov’t technical representative. This option shall consist of welding up to 10’ of linear seam and can be exercised up to 10 times Option shall be exercised before work commences.

0011 Option 5 - Repair of hull plating. Contractor to remove, preform weld preparation and cleanup, repair, and prime and paint up to 4 square foot of shell plating by cutting in area identified by the gov’t technical representative.

Option can be exercised up to 10 times. Option shall be exercised before work commences. Painting of patch area that is performed independently of Option 0007 shall overlap 1 foot onto the unpatched surrounding metal.

Patches shall have corners with a minimum of 2” radius unless directed otherwise by technical representative.

0012 Option 6 – Repair of shafts.

Contractor shall straighten and balance one shaft, build up by weld or replacing the sleeves on the bearing surfaces and turn down to original dimensions. Surface finish and hardness shall be as specified by the selected shaft bearing supplier. This option can be exercised up to 2 times.

TOTAL

OPTIONS

TOTAL

BASE AND

ALL

OPTIONS

REPS AND CERTS

REPRESENTATIONS & CERTIFICATIONS

COMPANY NAME AND ADDRESS: _______________________________________

PHONE NUMBER ________________ FAX NUMBER ________________ EMAIL ADDRESS

BUSINESS SIZE (select one) Large Business _____ Small Business_____ HUBZone Business_____ 8A _____ Woman-Owned ____ Service-Disabled Veteran-Owned ____ Contractor is registered with System for Award Management (SAM): _____ YES _____ NO (See FAR 52.204-7) INDICATE UNIQUE ENTITY IDENTIFIER (formerly DUNS No.). ___________________ (Note: See FAR 52.204-7. Unique Entity Identifier is a 9 digit numeric code.)

CAGE NO. ______________

SCOPE OF WORK

SPECIFICATION

M/V HODGES DRYDOCK AND REPAIR

1. General – Provide all labor, material and equipment necessary to make the repairs contained in the specifications below to the M/V Hodges. Should the removal or shifting of any parts of the vessel be necessary for carrying out the repairs specified, the same shall be done by the Contractor and all such removals shall be subsequently replaced and any damage or loss resulting from shall be restored by the Contractor at his/her own expense. Should any portion of the vessel’s structure require alteration in order to carry out the work, even though not specifically mentioned herein, the Contractor shall notify USACE before making such alterations. While the vessel is in the Contractor's possession, the Contractor shall be responsible for any loss or damages.

GENERAL DESCRIPTION -

Length Overall 40’ Breadth, Molded 18’ Depth, Molded 6’ Material All Welded Steel Displacement, light 54.59

Short tons Propellers (2) 34"Dx25"P, 4 blade Draft, light 4’6” Hull Form/Special Features

Pilothouse at stern of boat, crane on the head.

2. Schedule – All repairs shall be completed within 30 calendar days from Notice to Proceed.

3. References

The publications listed below form a part of this specification to the extent referenced. The publications are referred to within the text by the basic designation only.

Code of Federal Regulations (CFR) Title 46 Chapter I Subchapter M, part 137, Drydock Inspections

American Bureau of Shipping (ABS) Rules for Building and Classing Steel Vessels for Service on Rivers and Intracoastal Waterways.

American Welding Society, Inc. (AWS) D 1.1 (2006 or latest version if superseded), Structural Welding Code-Steel

Steel Structures Painting Council (SSPC) SSPC-SP 6, Commercial Blast Cleaning SSPC-SP 7, Brush Off Blast Cleaning

US Army Corps of Engineers EM385-1-1 (2014 or latest version if superseded), Safety and Health Requirements Manual

4. Specifications

A. The M/V Hodges shall be fully removed from the water by means of a traditional dry dock or marine ways.

The vessel shall be blocked in such a way that it can structurally support the vessel with no damage to the hull. Contractor shall be responsible for properly positioning the supporting blocks so that the vessel will not be damaged.

B. The contractor will investigate/troubleshoot the cause of vibrations noticed at 800-1000 RPMS. Note – troubleshooting will likely have to occur while the vessel is still in the water before drydocking.

C. Provide all labor, material, and equipment necessary to:

(1) Examine the exterior of the hull, including bottom, sides, headlog, and stern, and examine all appendages for damage, fractures, wastage, pitting, or improper repairs;

(2) Remove tail shafts and re-install after evaluation.

(3) Remove rudders for inspection, and replace upper and lower bearings.

D. Damage to rudders or rudder shafts if noted during inspection can be addressed by an in-scope modification to this contract.

E. The contractor will remove the cutlass bearing, packing glands, tail shafts and wheels (propellers).

Contractor shall check shaft to engine alignment and install new USCG approved cutlass bearings, USCG approved packing glands, with the existing shafts and install the Government Furnished Equipment wheels on both the starboard and port sides. Rehab the two wheels removed from the vessel. Contractor shall submit catalog cut of proposed packing gland and cutlass bearing for approval two weeks prior to the work commencing in this area. Cutlass bearing shall be a polymer style greaseless, water lubricated type and shall support at minimum the same length of shafting as the original bearings.

F. Provide all labor, material, and equipment necessary to repair oil leak on port engine.

G. Prior to performing any hot work on the hull of the vessel the contractor shall remove and store all fuel oil from the vessel. Tanks shall be cleaned and gas freed, and a gas free certificate will be maintained at the site for the duration of the hot work. All hot work shall have a fire watch that verifies that there is no fire for a minimum of 30 minutes after the completion of the hot work.

H. Vessel is currently located at Newburgh Lock and Dam, 6877 State Rd. 66, Newburgh IN 47630, Ohio River Mile 776. For dry-docking and repairs to be completed within 50 river miles of Newburgh Lock and Dam, government employees shall deliver and take return of vessel at contractor’s facility. For facilities located greater than 50 river miles the contractor shall be responsible for towing vessel to repair facility and return after work is complete. Contact William “Jerry” Edwards or Brian Mays at (812) 853-8470 at least 48 hours prior to pickup and delivery. Pickup and delivery shall be between 7:00 AM and 3:00 PM CST, Monday through Friday.

a. Insurance – The contractor shall have towing liability insurance. Evidence of insurance shall be submitted to the government representative at least two days prior to towing. The current replacement value of the M/V Hodges is $1,100,000.

Option items

I. The Contractor will prime and paint the entire hull up to deck level shall be painted with DeVoe High Performance Coatings BAR-RUST 235 or equal. Sealer for areas with good paint remaining shall be DeVoe High Performance Coatings Pre-Prime 167 or equal. Surface preparation shall be per manufacturer’s recommendations for new and previously painted surfaces subject to fresh water immersion. The color of the finished paint shall be black. Tinting shall be per paint manufacturer’s recommendation. Thickness of new dry finished paint shall be 5.5 to 8.0 mils and be measured per paint manufacturer’s recommendations. Contractor shall blast and paint all areas not covered by the blocks.

Paint shall be allowed to cure, then vessel shall be shifted on blocks either by jacking and moving the blocks, or re-dry-docking the vessel and shifting it on the blocks. Then at least a 12” overlap shall be prepped and painted to ensure a uniform coating thickness in the area adjacent to and underneath the original block location.

J. The contractor will repair/replace the skin cooler guards and brackets on the port and starboard side as needed. As part of the preparation to complete this work, provide all labor, material, and equipment necessary to remove and store the fuel oil from the port and starboard tanks, clean both tanks, and obtain a gas free certificate for hot work. Upon completion of repairs, fuel shall be filtered through a minimum of a 10 micron filter and returned to the vessel. The contractor shall to drain the cooling system and pressure test the coolers. Upon completion of repairs new coolant will be used to refill the system.

5. Site Visit The Scope of Work only contains basic requirements for reference. It is recommended that each bidding contractor visit the job site and assume responsibility for quantities, materials, critical dimensions and work conditions used to calculate a proposal. To schedule a site visit contact the onsite point of contacts below.

As-Built drawings are not available. During a site visit, all CDC guidelines in effect at the time, such as wearing a mask and social distancing, will be followed.

A site visit can be arranged by contacting the on-site POC:

William Edwards, Lockmaster Brian Mays, Maintenance Leader Newburgh Locks and Dam 6877 State Rd 66 Newburgh, IN 47630

(812) 853-8470

6. Special Requirements

A. GOVERNMENT CONTRACTING: All contractors will supply Federal Tax ID, DUNS number and be registered in SAM before this contract will be awarded. Instructions for obtaining a DUNS number and registration with SAM are at the end of this document.

B. DAMAGES: The contractor shall be responsible for all damages to government or private property resulting from negligent operations during the course of this contract. The contractor shall have appropriate insurance to cover liability and damages. The contractor shall be responsible for compensating the government for any damage to government property.

C. SAFETY: All work will be conducted in a safe manner. A pre-work meeting will be held to discuss safety procedures, and a plan of work. The Work must be performed in compliance with EM385-1-1 Safety and Health Requirements Manual, Corps of Engineers (current edition).

http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf The contractor shall supply the POC with an Accident Prevention Plan (APP) and an Activity Hazard Analysis (AHA).

D. WAGE RATES: Department of Labor wage rates apply to this work and are included.

E. DEBRIS REMOVAL: The contractor will remove all demolition debris and left over construction debris to a site licensed to receive/recycle construction debris. The contractor is responsible for any waste disposal and any permits and fees associated with disposal.

F. COMPLIANCE AND CERTIFICATIONS: The contractor is responsible for obtaining any permits and paying any associated fees necessary to install and inspect all work specified herein.

G. WARRANTY: The contractor shall provide a minimum 1 year warranty or standard warranty whichever is greater on the entire system installation to the Lockmaster upon completion dated with the final acceptance date.

7. Payments:

Payment will be made by Electronic Funds Transfer (EFT), upon acceptance of the completed work and providing final invoice.

Invoice shall be mailed to: Newburgh Locks and Dam Attn: William Edwards 6877 State Rd 66 Newburgh, IN 47630

8. Security:

A. Access and General Protection/Security Policy and Procedures All contractor and all associated sub-contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks to meet installation/facility access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any installation or facility change, the Government may require changes in contractor security matters or processes.

B. Suspicious Activity Reporting Training The contractor and all associated sub-contractors shall receive a brief/training provided by the project manager or designated representative on the local suspicious activity reporting program. This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the project manager, security representative or law enforcement entity. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance with the results reported to the project manager NLT 5 calendar days after the completion of the training.

C. Pre-screen candidates using E-Verify Program

The Contractor must pre-screen Candidates using the E-verify Program (http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements. The Vendor must ensure that the Candidate has two valid forms of Government issued identification prior to enrollment to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible candidates must be provided to the project manager no later than 3 business days after the initial contract award.

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUN 2020

52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-22 Alternative Line Item Proposal JAN 2017 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

AUG 2020

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

JUN 2020

52.212-1 (Dev) Instructions to Offerors - Commercial Items. (DEVIATION 2018-O0018)

JUN 2020

52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.217-5 Evaluation Of Options JUL 1990 52.219-6 (Dev) Notice of Total Small Business Set-Aside (DEVIATION

2020-O0008).

MAR 2020

52.219-8 Utilization of Small Business Concerns OCT 2018 52.222-3 Convict Labor JUN 2003 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-41 Service Contract Labor Standards AUG 2018 52.222-50 Combating Trafficking in Persons JAN 2019 52.222-55 Minimum Wages Under Executive Order 13658 DEC 2015 52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2017 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

SEP 2013

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.223-10 Waste Reduction Program MAY 2011 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

AUG 2018

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

JUN 2020

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.228-2 Additional Bond Security OCT 1997 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

52.233-3 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

52.245-1 Government Property JAN 2017 52.245-9 Use And Charges APR 2012 52.253-1 Computer Generated Forms JAN 1991 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 SEP 2013 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

DEC 2019

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

MAY 2016

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

DEC 2019

252.211-7007 Reporting of Government-Furnished Property AUG 2012 252.215-7013 Supplies and Services Provided by Nontraditional Defense

Contractors.

JAN 2018

252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or Hazardous Materials

SEP 2014

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7048 Export-Controlled Items JUN 2013 252.225-7974 (Dev) Representation Regarding Business Operations with the

Maduro Regime (DEVIATION 2020-O0005)

FEB 2020

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

JUN 2013

252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.245-7001 Tagging, Labeling, and Marking of Government-Furnished

Property

APR 2012

252.245-7002 (Dev) Reporting Loss of Government Property (DEVIATION 2020- O0004)

FEB 2020

252.245-7003 Contractor Property Management System Administration APR 2012 252.245-7004 Reporting, Reutilization, and Disposal DEC 2017 252.247-7023 Transportation of Supplies by Sea FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

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

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

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

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

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

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

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

(b) Safeguarding requirements and procedures.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(End of clause)

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)

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 the provision at 52.204-26, Covered Telecommunications Equipment or Services--Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items.

(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)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JUN 2020)

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;

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

(10) PSC 9630, Additive Metal Materials.

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

“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.

“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” 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.

“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.

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name.

The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

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

(1) Not less than 51 percent of which is owned 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 stock of which 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 its stock is owned by one or more women; or

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

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

(b) (1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs __.

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a small business concern.

(2) Veteran-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.) The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern.