W912QR21Q0015.pdf

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Caesar Creek Maintenance Building Remodel
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W912QR21Q0015
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Caesar Creek Lake Maintenance Building Remodel, Waynesville, OH.

The estimated construction cost is betw een $25,000.00 and $100,000.00.

One Firm-Fixed Price construction contract w ill be aw arded based on the low est quote.

NAICS code: 236118 Residential Remodlers, size standard $39.5 Million.

This is 100% set-aside for Small Businesses.

Central Contractor Registration and ORCA are now available through the System for Aw ard Management (SAM), available at w w w .sam.gov.

Offerors must comply w ith the requirements of FAR 52.204-7, FAR 52.232-33, and any other CCR/ORCA requirements in this solicitation through SAM. PLEASE NOTE: SAM is completely free of charge to registrants and users.

Block 12A below : In lieu of both a Perf ormance and Payment Bond, per FAR 52.228-13 Alternate Payment Protections (July 2000) and FAR

28.102-1(b), only a Payment Bond or an Irrevocable Letter of Credit is required. A Performance Bond in not required. This requirement w ill be enforced even if the aw ard amount is less than $35,000.

LOGAN A BAGLEY 502.315.6172

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

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS

NEGOTIATED (RFP)

(IFB)

CALL:

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______14 calendar days and complete it w ithin ________45 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________52.211-10

12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

YES X NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________04 Jan 2020 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee is, X is not required.

C. All offers are subject to the (1) w ork requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than _______90 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

4. CONTRACT NO.

7. ISSUED BY CODE

U. S. ARMY ENGINEER DISTRICT, LOUISVILLE

600 DR. MARTIN LUTHER KING, JR. PLACE

ROOM 821

LOUISVILLE KY 40202-2239

W912QR

PAGE OF PAGES

1 OF

CODE 964860

(Title, identifying no., date):

12B. CALENDAR DAYS

10:00 AM (hour)

Sealed envelopes containing offers

CIVIL/OPS/ENVIRONMENTAL BR

ATTN: LOGAN BAGLEY

600 DR M L KING JR PL, RM 821

LOUISVILLE KY 40202-2236

5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.

8. ADDRESS OFFER TO (If Other Than Item 7)

502.315.6195 OR 6193FAX:TEL: 502.315.6172 TEL: 502.315.6202 FAX:

W912QR21Q0015 36

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

SOLICITATION, OFFER, AND AWARD (Continued)

(Construction, Alteration, or Repair)

CODE FACILITY CODE

17. The offeror agrees to perform the w ork required at the prices specif ied below in strict accordance w ith the terms of this solicitation, if this offer is accepted by the Government in w riting w ithin ________ calendar days after the date offers are due.

the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS SEE SCHEDULE OF PRICES

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

CODE27. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY

(Include ZIP Code)14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NO. (Include area code)

See Item 14

(Include only if different than Item 14)16. REMITTANCE ADDRESS

30B. SIGNATURE

29. AWARD (Contractor is not required to sign this document.)

document and return _______ copies to issuing office.) Contractor agrees Your of f er on this solicitation, is hereby accepted as to the items listed. This award con-to f urnish and deliv er all items or perf orm all work, requisitions identif ied summates the contract, which consists of (a) the Gov ernment solicitation and on this f orm and any continuation sheets f or the consideration stated in this y our of f er, and (b) this contract award. No f urther contractual document is contract. The rights and obligations of the parties to this contract shall be necessary .

gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certif ications, and specif ications or incorporated by ref er-ence in or attached to this contract.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)

30C. DATE

(Type or print)

TEL: EMAIL:

31B. UNITED STATES OF AMERICA 31C. AWARD DATE

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

W912QR21Q0015

Section 00 10 00 - Solicitation

SPECIAL INSTRUCTIONS

Request for Quote

Attached is a Request for Quote (RFQ) to remodel the maintenance Office at Caesar Creek Lake located in

Waynesville, OH 45068. Thank you for your interest.

Site Visit: Please contact Leonard Bakker at 513-897-1738 to set-up a site visit.

The work under this request for quote is 100% set aside for small business award. Large businesses are not eligible for award.

Company Name __________________________________________________________________

Address _________________________________________________________________________

Point of Contact ____________________________ Email _____________________________

Signature verifying quote _____________________ Date of Quote _______________________

Phone number ______________________________ Tax ID # ___________________________

Are you registered in SAM (required)? YES NO

Unique Entity Identifier (previously DUNS #): ___________________________

Quotes on letterhead are NOT acceptable. Quotes will only be accepted using this sheet and the Price Breakout

Schedule. FAX submittals will not be accepted.

Return Quotes to: Logan Bagley at logan.a.bagley@usace.army.mil

Must be returned by: 10:00AM Eastern Time on 4 January 2021 (must be received at the above email address, FAX submittals will not be accepted)

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 (previously DUNS) for processing their registration. If you do not already have a Unique Entity Identifier number, one can be obtained from Dun and

Bradstreet by calling 1-800-333-0505. Refer to www.SAM.gov for information formerly found in CCR, EPLS, ORCA and FedReg.

The Government intends to award a Firm-Fixed Price contract. The award will be based on Low Quote.

Method of Payment under this contract will be Electronic Funds Transfer (EFT) to a commercial bank account specified by the Contractor. Quotes will not be accepted for quantities less than the quantities specified in the Quote.

Failure to submit a unit price for all items listed will be considered as a material deviation from the requirements and the Quote will be rejected.

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

PLEASE NOTE: SAM is completely free of charge for both registrants and users.

PRICE BREAKOUT SCHEDULE

Item Description Quantity Unit Total

Base 001 Building Remodel

TOTAL FOR ALL ITEMS _________________

STATEMENT OF WORK

Site Visit: Please contact Leonard Bakker at 513-897-1738 to set-up a site visit.

These specifications cover the remodel of the maintenance office at Caesar Creek Lake. Location of work is:

Caesar Creek Lake

4020 North Clarksville Road

Waynesville, OH 45068

The contractor shall furnish all personnel, equipment, supplies and materials for the remodel of the maintenance office, which is approximately 24’ by 30’ and has two restrooms each approximately 5 ½’ by 7’. Prices should include mobilization & de-mob, fuel, labor, materials, and equipment to complete job. All materials removed from the government property shall be disposed of in accordance with state, local, and federal laws. The contractor’s work and responsibility shall include all planning, programming, administration, management, supervision, communications, and inspection necessary to assure that all services are conducted in accordance with the contract requirements and all applicable

Federal, State, and Local laws and regulations. The Prime Contractor is required to attend an on-site pre-work meeting to be scheduled within fourteen calendar days of Notice to Proceed or Award

(determined by bonding requirement). The areas where the work will take place is only accessible during weekday business hours between 0730-1700 hours Eastern Time. The work shall be completed within 45 calendar days of Notice to Proceed or Award (determined by bonding requirement).

Remodel Scope of Work

The contractor shall furnish all labor, materials, supplies, tools and equipment necessary to complete the contract. Corps of Engineers personnel will remove all furniture, pictures and all loose material before contractor starts work. The contractor shall remove ceiling tile and grid, lights, smoke and fire monitors, vents, and duct work back to air handler in shop. New HVAC system will be installed by Caesar Creek

Project before new ceiling is installed, one day will be required to complete this. Contractor will coordinate with local Corps point of contact to communicate and schedule the day for the Corps of

Engineers staff to install the new HVAC system. The contractor is to remove all light switches, receptacles, covers, vents, trim, wall paneling, 5 each interior doors, 1 each exterior door, casing, security sensors, phone jacks, data cable jacks, and internet modem and data cable junction box from walls, and all other protrusions. The contractor shall remove all carpeting, underlayment and glue from the office floor. While ceiling is off contractor is to remove and replace five exterior can lights with five new sealed LED can lights rated for outdoor use and replace wiring from light to nearest junction box.

Exterior can lights are only accessible from inside, above interior office ceiling. All construction waste is to be cleaned up and disposed of off-site by the contractor.

Contractor is to repair fallen ceiling bat insulation in trusses above the drop ceiling and re-secure all ceiling insulation with insulation hangers or supports to prevent insulation from falling in the future.

Install new 4x2 grid, 4x2 ceiling tiles, and 28 LED 4x2 2 bulb 4000K lights. Grid, ceiling tiles, and lights are to be white in color. All fire and smoke monitors are to be reinstalled in each room.

Contractor is to replace all exterior wall and restroom wall insulation, as well as insulating around all windows and exterior doors ensuring that windows and doors are sealed properly before installing new drywall. Insulation will be R19 bat with vapor barer installed per manufacturer guidelines. Install new

5/8 drywall, finish smooth with at least 3 coats of drywall mud up to industry standards, prime/seal and paint new drywall on all walls. Existing wood wall paneling will be removed. Insulation will be placed in all walls, including interior walls. Paint is to be Sherwin Williams Promar 200 series zero VOC or equivalent and the color is to be SW 6071 Popular Grey in eggshell or equivalent. Replace all receptacles (30) with 20 amp duplex commercial grade receptacles. Cover and receptacles are to be white in color. Replace all 3 way light switches (9) with commercial grade 3 way light switches.

Switches and covers are to be white in color. Contractor will replace data cable jacks (7), jacks are to be white in color. Contractor shall install a new Legrand 1 gang cable access wall plate with brush or equivalent product for security system to accommodate at least 10 cables and is to be white in color. All phone lines are to be removed from walls except for phone line connect to printer/fax machine. The phone line jack is to be white in color. Contractor is to install new interior doors (5) and frames which are to be solid oak doors with gold finish hardware. Install 1 new insulated metal exterior door and metal frame which is to be weather tight, have a commercial hydraulic door closer, a 8x32 insulated window, heavy duty hardware, push bar style exit and night latch pull with cylinder keyed to existing building key, with a kick plate, all hardware is to be gold in color. Exterior door is to be painted black on the outside and brown on the inside. Install new emergency exit signs with emergency lights, one above the entrance door and one above the exit door to shop for a total of two. Contractor must run electric circuits from nearest source to emergency lights. Install new solid oak door casing, window trim, (there are 6 windows approximately 2’ by 5’ and 1 window 6’ by 5’) and baseboard trim with ½ inch quarter round. All trim and interior doors are to be stained golden oak in color with a semi-gloss polyurethane finish. All security sensors are to be reinstalled in each room. Internet Modem and data cable junction box are to be reinstalled in office. All numbers and quantities of products are approximate and must be verified by contractor.

Contractor is to install Pergo outlast waterproof vintage pewter oak 10 mm T X 7.48inches wide by

47.24 inches long laminate flooring with at minimum a 10 year commercial warranty or equivalent flooring. Contractor is to install transition strips matching the laminate flooring at both bathroom doors and the exit door to shop area. Contractor shall prepare floor, level and correct any deformities that are found in concrete. The contractor shall install proper underlayment and install new laminate flooring to manufactures recommendation.

Bathroom Remodel

The contractor shall furnish all labor, materials, supplies, tools and equipment necessary to complete the contract for 1 each male and female restroom. Contractor is to remove sink plumbing, sink, urinal, toilet, wall lights, mirror, mirror shelf, paper towel dispenser, toilet paper dispenser and shelf, wall tile, and drywall. The contractor shall remove ceiling tile and grid and repair any needed insulation and remove floor tile. In the women’s restroom the contractor is to remove the radiator and temperature sensor and all piping to the ceiling, remodel the restroom and then re install a new radiator, temperature sensor and piping, then insulate the new piping and ensure radiator functions correctly. All construction waste is to be cleaned up and disposed of off-site by the contractor.

Contractor is to install new 5/8 drywall, finish smooth with at least 3 coats of drywall mud up to industry standards, prime/seal and paint new drywall. Paint is to be Sherwin Williams Promar 200 series zero VOC or equivalent and the color is to be SW 6071 Popular Grey in eggshell or equivalent.

Contractor is to install new commercial grade single pole light switch and cover to be white in color.

Contractor is to move wall light to ceiling and install a LED 2x2 2 bulb 4000K light in center of room.

Contractor is to install new MSI Carolina timber grey 6 in x 24 in ceramic tile (wood look) or equivalent in bathroom. Bathroom floor is to be leveled and prepped to industry standards and any defects found are to be corrected. Transition between office and restroom shall be same height. Ceramic tile is to be installed per manufactures recommendations. Contractor is to install new wall mounted American

Standard Model #0321.075.020 sink or equivalent white in color with nickel finish hardware, new

American Standard Model #6561.017.020 urinal or equivalent with auto flush, white in color, and nickel finish hardware, and a new elongated toilet American Standard Model #765AA101.020 (tall version) or equivalent white in color with nickel finish hardware. Sink, toilet, and urinal are to be of same manufacturer. Contractor is to install copper plumbing from wall only and new ball valve shut offs on all plumbing for sinks, toilets, and urinal. Contractor is to install new 16x20 Bradley 781 standard series stainless steel channel frame glass mirror or equivalent, new stainless-steel tri-fold paper towel dispenser, and stainless-steel toilet paper holder. Contractor is to install new oak door casing around door and one row of grey quarry cove base 6 inch x 6 inch ceramic tile or equivalent product on wall to create a seamless and watertight transition between the wall and the floor. All trim and doors are to be stained golden oak in color with a semi-gloss polyurethane finish.

The contractor is responsible for all clean up, debris removed, utility location, utility coordination, traffic and public control and the restoration of areas, facilities, or structures negatively impacted to its original condition. The contractor will remove all demolition debris and left-over construction debris to a site licensed to receive/recycle construction debris.

All service/work will be done during daylight hours between 0730-1700, Monday through Friday (ET).

Services on weekends or Federal holidays will not be permitted. Work will be scheduled and coordinated with the Project to eliminate or minimize the impact of closure or restricted access caused by the contractors work on the general public.

The Government is not responsible for providing storage areas or facilities for the storage of Contractor supplies, materials, and equipment.

If completed services do not conform to contract requirements, the Government may require the

Contractor correct the deficient services to bring them into conformity with the requirements. Correction of deficient services shall not entitle the Contractor to an increase of the unit price contained in the awarded contract. If the Contractor fails to promptly correct unsatisfactory services or fails to take necessary action to ensure future work is in compliance with the contract requirements, the Government may proceed with any rights or remedies detailed within the contract clauses and terms.

Warranty:

The contractor shall provide a one year written warranty for all work performed under this contract.

Property Damage:

The contractor shall use reasonable care to avoid damaging existing buildings, equipment, facilities, and structures during the performance of the specified work. If the Contractor, Contractor employees, or persons acting on behalf of the Contractor fail to use reasonable care and Government property is damaged, the contractor shall repair or replace the damaged property at no expense to the Government.

Property damage caused by the Contractor or persons/employees acting on behalf of the Contractor shall be reported to the Contracting Specialist and the park manager on the day of occurrence or on the first working day following the occurrence.

Insurance:

The contractor shall, at their own expense, provide to the park manager and maintain during the entire performance of this contract the following: Insurance Type – General Liability (Bodily Injury and

Property Damage Combined) Minimum Amounts of Liability $1,000,000. Each Occurrence $1,000,000

Aggregate. The contractor is required to provide a Certificate of Insurance to the park manager at the time of the pre-work conference.

Safety Requirements:

Performance of all services shall assure complete safety to public visitors, Government employees, Contractor employees, and all other persons in the area. The Contractor shall comply with any pertinent requirements contained in the Corps of Engineers Safety Manual (EM 385-1-1), current at the time of award. Furthermore, the Contractor shall comply with pertinent occupational safety and health standards as required by the Occupational Safety and Health Administration (OSHA).

The Contractor shall provide Contractor personnel with any personal protective apparel and equipment required by the Safety Manual (EM 385-1-1) and, as necessary, eliminate or minimize hazards to http://www.usace.army.mil/SafetyandOccupationalHealth/SafetyandHealthRequirementsManual.aspx personnel. As a minimum, each employee shall wear a hard hat, shirt (with sleeves), long trousers, fall protection harness with lanyard if required and protective shoes/boots during all contract work.

Contractor employees shall utilize other safety equipment such as: hearing protection devices, work gloves, or protective glasses/goggles whenever required by the safety manual.

Before the Pre-work conference, the contractor will be responsible to provide an approved Accident

Prevention Plan, Activity Hazard Analysis, and information about any scaffolding systems or aerial lifting devices to be used including model number, height, weight and capacity of lift. All scaffolding systems and aerial lifting devices must be in compliance with the Safety Manual (EM 385-1-1). The contractor is required to attend a pre-work conference, to be scheduled by the park manager, within 10 calendar days after award of the contract.

Security Requirements:

Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and

Terrorist Screening Database (TSDB) (Army Directive 2014-05 / AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures

(provided by government representative, as NCIC and TSDB are available), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

The contractor and all associated sub-contractors shall receive a brief/training (provided by the RA) 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 local point of contact (LPOC) no later than 5 calendar days after the completion of the training.

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 LPOC no later than 3 business days after the initial contract award.

Invoice Requirements:

Contractor Invoice: The Contractor will provide an invoice upon the completion of the installation work that includes the following information:

• Contractor’s name and address

• Contract Number

• Invoice number and date

• Itemized listing of services of work performed

• An invoice contact person

• Signature of Contractor or Contractor’s representative

• Shall be addressed to:

Caesar Creek Lake

Attn: Matthew Palmer

4020 North Clarksville Road

Waynesville, OH 45068

Or emailed to:

Matthew.H.Palmer@usace.army.mil mailto:Matthew.H.Palmer@usace.army.mil

Section 00 21 00 - Instructions

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018

52.204-16 Commercial and Government Entity Code Reporting AUG 2020

52.204-22 Alternative Line Item Proposal JAN 2017

52.225-10 Notice of Buy American Requirement--Construction

Materials

MAY 2014

252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements NOV 2020

CLAUSES INCORPORATED BY FULL TEXT

52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS--SECONDARY SITE OF THE WORK (MAY

2014)

(a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements,of this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.

(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting

Officer.

(2) The due date for receipt of offers will not be extended as a result of an offeror's request for a wage determination for a secondary site of the work.

(End of provision)

52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) Site visits may be arranged during normal duty hours by contacting:

Name: Leonard Bakker

Telephone: 513-897-1738

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

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

The full text of FAR clauses and provisions (numbered as 52.XXX-XX) can be found at this site:

www.acquisition.gov

The full text of DFARS clauses and provisions (numbered as 252.XXX-XX) can be found at this site:

https://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of"(DEVIATION)" after the date of the provision.

(b) The use in this solicitation of any Defense Federal Acquisition Regulation Supplement. (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

Section 00 45 00 - Representations and Certifications

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 SAM: _____ YES _____ NO

(See FAR 52.204-7)

TAX ID # ______________________

INDICATE Unique Entity Identifier (previously DUNS NUMBER) ___________________

CAGE NO. _________

(Note: See FAR 52.204-7. The Unique Entity Identifier is a 9 digit numeric code) (FAR 52.204-7)

252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (OCT 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 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 Items. 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.

252.225-7973 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned

Aircraft Systems - Representation (DEVIATION 2020-

O0015)

MAY 2020

252.225-7974 (Dev) Representation Regarding Business Operations with the

Maduro Regime (DEVIATION 2020-O0005)

FEB 2020

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2020)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 236118.

(2) The small business size standard is $39,500,000.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

( ) Paragraph (d) applies.

( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or

Statements--Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at

52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.204-26, Covered Telecommunications Equipment or Services--Representation. This provision applies to all solicitations.

(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations--Representation.

(viii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(x) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.

(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xvi) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased

Products Under Service and Construction Contracts.

(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.

(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.)

(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xxi) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and

III.) This provision applies to solicitations containing the clause at 52.225- 3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $83,099, the provision with its Alternate II applies.

(D) If the acquisition value is $83,099 or more but is less than $100,000, the provision with its Alternate III applies.

(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at

52.225-5.

(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.

(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.

(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(d) The Offeror has completed the annual representations and certifications electronically in SAM accessed through https://www.sam.gov. After reviewing the SAM information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR

4.1201); except for the changes identified below [ offeror to insert changes, identifying change by clause number, title, date]. 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.

FAR Clause Title Date Change

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 on SAM.

252.204-7007 ALTERNATE A, ANNUAL REPRESENTATIONS AND CERTIFICATIONS (APR 2020)

Substitute the following paragraphs (b), (d) and (e) for paragraphs (b) and (d) of the provision at FAR 52.204-8:

(b)(1) If the provision at FAR 52.204-7, System for Award Management, is included in this solicitation, paragraph

(e) of this provision applies.

(2) If the provision at FAR 52.204-7, System for Award Management, is not included in this solicitation, and the

Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (e) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

__ (i) Paragraph (e) applies.

__ (ii) Paragraph (e) does not apply and the Offeror has completed the individual representations and certifications in the solicitation.

(d)(1) The following representations or certifications in the SAM database are applicable to this solicitation as indicated:

(i) 252.204-7016, Covered Defense Telecommunications Equipment or Services--Representation. Applies to all solicitations.

https://www.sam.gov/

(ii) 252.209-7003, Reserve Officer Training Corps and Military Recruiting on Campus--Representation. Applies to all solicitations with institutions of higher education.

(iii) 252.216-7008, Economic Price Adjustment--Wage Rates or Material Prices Controlled by a Foreign

Government. Applies to solicitations for fixed-price supply and service contracts when the contract is to be performed wholly or in part in a foreign country, and a foreign government controls wage rates or material prices and may during contract performance impose a mandatory change in wages or prices of materials.

(iv) 252.225-7042, Authorization to Perform. Applies to all solicitations when performance will be wholly or in part in a foreign country.

(v) 252.225-7049, Prohibition on Acquisition of Certain Foreign Commercial Satellite Services--Representations.

Applies to solicitations for the acquisition of commercial satellite services.

(vi) 252.225-7050, Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of

Terrorism. Applies to all solicitations expected to result in contracts of $150,000 or more.

(vii) 252.229-7012, Tax Exemptions (Italy)--Representation. Applies to solicitations when contract performance will be in Italy.

(viii) 252.229-7013, Tax Exemptions (Spain)--Representation. Applies to solicitations when contract performance will be in Spain.

(ix) 252.247-7022, Representation of Extent of Transportation by Sea. Applies to all solicitations except those for direct purchase of ocean transportation services or those with an anticipated value at or below the simplified acquisition threshold.

(2) The following representations or certifications in SAM are applicable to this solicitation as indicated by the

Contracting Officer: [Contracting Officer check as appropriate.]

____ (i) 252.209-7002, Disclosure of Ownership or Control by a Foreign Government.

____ (ii) 252.225-7000, Buy American--Balance of Payments Program Certificate.

____ (iii) 252.225-7020, Trade Agreements Certificate.

____ Use with Alternate I.

____ (iv) 252.225-7031, Secondary Arab Boycott of Israel.

____ (v) 252.225-7035, Buy American--Free Trade Agreements--Balance of Payments Program Certificate.

____ Use with Alternate I.

____ Use with Alternate II.

____ Use with Alternate III.

____ Use with Alternate IV.

____ Use with Alternate V.

____ (vi) 252.226-7002, Representation for Demonstration Project for Contractors Employing Persons with

Disabilities.

____ (vii) 252.232-7015, Performance-Based Payments--Representation.

(e) The offeror has completed the annual representations and certifications electronically via the SAM Web site at https://www.acquisition.gov/. After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in FAR 52.204-8(c) and paragraph (d) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer, and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below ____ [offeror to insert changes, identifying change by provision number, title, date]. 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.

FAR/DFARS Clause # Title Date Change

Any changes provided by the offeror are applicable to this…

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