W912QR21Q0072.pdf

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W912QR21Q0072
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SEE ADDENDUM

(No Collect Calls)

W912QR21Q0072

b. TELEPHONE NUMBER

502.315.6211

8. OFFER DUE DATE/LOCAL TIME

10:00 AM 05 Aug 2021

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

22-Jul-2021

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 E 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

W22W9K11672745

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 ORX

SMALL BUSINESS

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 H2P0A00 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

CONTRACTING DIVISION

600 DR. MLKJ PLACE P.O. BOX 59 ROOM 821

LOUISVILLE KY 40202-2230

TEL: FAX:

502.315.6195 OR 6193FAX:

TEL: 502.315.6172 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

NAICS:

483211

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 OF55

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.

W912QR21Q0072

Section SF 1449 - CONTINUATION SHEET

SPECIAL INSTRUCTIONS

Special Instructions:

This Request for Quote (RFQ) is for the contractor to secure towing of the crane barge Henry M. Shreve for the US Army, Corps of Engineers, Louisville District, from Cannelton Locks and Dam to Olmsted Locks and Dam by renting one towboat with all necessary operating personnel. in accordance with the attached Scope of Work (SOW).

Location:

United States Corps of Engineers Olmsted Lock & Dam 567 New Dam Road Olmsted, IL 62970

This procurement is unrestricted, NAICS 483211

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

One award will be made from this Solicitation.

Note: The contract award will be based on Lowest Price to the Government.

Quotes are due on 05 August 2021 at 10:00 AM Eastern Time.

Electronic submittals will be accepted. You may submit your quote to adyson.medley@usace.army.mil. Fax submittals will not be accepted.

For contractual questions, please contact Adyson Medley at (502) 315-6211 or by e-mail at adyson.medley@usace.army.mil

**ALERT: All contractors must be registered in the System for Award Management (www.SAM.gov) prior to contractors submission. 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. Effective June 29, 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).

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

Note: Page numbering in this document may not be accurate.

PRICE BREAKOUT SCHEDULE

LINE ITEM DESCRIPTION UNIT QTY. TOTAL COST

Item for:

TOWING LD777 100’wide x 300’ long 5’-9” Draft, LD780 100’wide x34’ long 5’-9” Draft, and up to two 54’ x 140’ flat deck equipment barges.

FROM Cannelton Locks and Dam, Cannelton, IN, Ohio River Mile 720.7 Right Descending Bank.

The projected pickup date is 1 Sept 2021 at 0700 hours. Contractor will be called by government representative to set specific date.

TO Olmsted Locks and Dam, Olmsted, IL, Ohio River Mile 964.6 Right Descending Bank delivery 3 calendar days after pickup. Location of dropoff at the site will determined by gov’t representative on the Shreve.

JOB

Item for:

TOWING LD777 100’wide x 300’ long 5’-9” Draft, LD780 100’wide x34’ long 5’-9” Draft, and up to two 54’ x 140’ flat deck equipment barges.

FROM Olmsted Locks and Dam, Olmsted, IL, Ohio River Mile 964.6 Right Descending Bank pick up during the month of October 2021. Contractor will be called by government representative to set specific date.

TO McAlpine Locks and Dam, Louisville, KY, Louisville Repair Station (LRS) - Ohio River Mile 606.8, delivery 4 calendar days after pickup at Olmsted.

Item is to reimburse the contractor of all costs associated with the mobilization of a towboat to Cannelton from the contractor’s fleet.

Item is to reimburse the contractor of all costs associated with the demobilization of a towboat from LRS to return the towboat to their fleet after the SHREVE and LD-780 have been delivered.

Optional Item is for additional days due to unforeseen delays or scheduling conflicts. Bid item is for one day and maybe awarded up to 5 times.

Option may be awarded up to the end of the period of performance in the contract.

TOTAL BASE: $

TOTAL BASE PLUS OPTIONS: $

SCOPE OF WORK

SCOPE OF SERVICES FOR

RENTAL OF ONE TOWBOAT WITH OPERATING PERSONNEL

1. General

The object of these specifications is to secure towing of the crane barge Henry M. Shreve for the US Army, Corps of Engineers, Louisville District, from Cannelton Locks and Dam to Olmsted Locks and Dam by renting one towboat with all necessary operating personnel.

There may be commercial barges in the tow provided there are no stops to interrupt the delivery of the Shreve and the towboat can fleet the Shreve and barges into its tow unaided.

The contractor’s towboat shall have a minimum horsepower of 4000 horsepower (HP). The towboat will tow the Heavy Lift Crane Henry M. Shreve (SHREVE) LD-777 and Barge LD 780, and up to two 54’ x 140’ flat deck equipment barges to the destinations listed in the price breakout schedule.

a. The dates given in the price breakout schedule are the projected pickup and delivery dates at the given locations. Actual pickup and delivery dates and times may change. The Government reserves the right to adjust this date to meet its repair project schedule.

Notice of such a change will be given as soon as possible, with a goal of notifying the contractor not later than 14 calendar days prior to any new delivery date.

b. The SHREVE is a heavy lift crane permanently affixed to a 300 foot long by 100 foot wide by 14 foot molded depth hull. A barge, LD-780, is coupled to the stern of the SHREVE during towing. The LD-780 is 34 foot long by 100 foot wide by 8 foot molded depth. The towing draft of the SHREVE is 5 feet 9 inches. There is extremely limited forward visibility for the pilot when the SHREVE is in tow due to the height of the crane and gate stowage structure (see photo at end of specifications). A dedicated lookout shall be stationed at the head of the tow during towing operations. The SHREVE’s gate stowage structure blocks signals from towboat mounted radar antennas. The SHREVE has an enclosed lookout station on the front of the crane barge Questions concerning technical details of the SHREVE may be directed to the technical representative, Brian Holcomb at (502) 315-6702.

c. High steel of the SHREVE is the top of the three spuds at 61 feet 0 inches (based on a 5 foot 9 inch draft). Spuds can be lowered and dogged at 55 feet 0 inches for transiting under low objects, but this increases the draft of the vessel. The fixed high steel of the SHREVE is the storage racks at 55 feet 0 inches to the top of the handrail.

d. Priority lockage shall be given at all locks in route on the Ohio River during mobilization and while the Shreve is in tow. Priority lockage will not be given while returning to port.

2. Inspection of Equipment.

a. After award and prior to the tow, the Contracting Officer or his/her authorized representative will make an inspection of the contractor’s towboat (noted by name and horsepower with the quote) to determine the condition and suitability for the service for which it will be used. The contractor will contact the technical representative at the telephone number above immediately after award to coordinate inspection. If it is found that the equipment offered is not suitable for the purpose intended, or that it is not in good mechanical condition, it will not be accepted and the contractor shall provide a towboat that meets the requirements stated herein. If deficiencies are of a minor nature and may be easily repaired, the contractor will be given three days to correct all deficiencies found. If the deficiencies are not corrected within the three-day period, the contract may be terminated. Towboats must meet the requirements as outlined in the latest edition of the U.S. Army Corps of Engineers’ Safety and Health Requirements Manual (EM 385-1- 1). This inspection will not relieve the Contractor from the satisfactory operation of the equipment during the period of the contract or any extension thereof.

3. Insurance

a. Evidence of insurance shall be submitted to the Contracting Officer or his/her authorized representative within two days after award. Certificate of Insurance shall be for the duration of the contract.

b. Workmen’s Compensation. Workmen’s Compensation and Occupation Disease Coverage as legally required by the State wherein the work is being performed.

c. Comprehensive General Liability Insurance (to include government furnished or contractor furnished vessel usage). Bodily injury coverage with minimum limits of $500,000 per occurrence shall be required. Property damage coverage with a minimum limit of $100,000 per occurrence shall be required. Property damage coverage with a minimum limit of $100,000 per occurrence shall be required. THUS, THE COMBINED

SINGLE LIMIT SHALL BE AT LEAST $600,000.

d. Marine Liability Insurance. The contractor shall procure and maintain marine insurance, including Hull and Protection and Indemnity in the minimum amount of $40,000,000 for the Shreve, Barge LD-780, and the two flat deck barges and equipment, per occurrence (including Jones Act and Collision and Towers liability insurance). Notwithstanding the foregone, the Contractor shall assure that it has sufficient marine liability insurance to cover the value of any damage to or loss of the vessels being towed.

4. Delivery and Release.

a. The towboat shall arrive at the above specified pickup points at the dates and times indicated. The towboat shall then tow the SHREVE and Barge LD-780 to the designated delivery point by the date and time specified.

b. The towboat shall be released after mooring the SHREVE at the designated site.

5. Payments.

a. Payments will be made after receipt of a proper invoice. Invoices shall be sent electronically to the technical representative. Brian.L.Holcomb@usace.army.mil

b. No payment will be made for lost time due to breakdowns or for any causes due to the fault or negligence of the Contractor or his employees.

c. Delays encountered in route beyond the control of the Contractor: There are currently no expectations of delays to be encountered in route beyond the control of the contractor, such as high water limiting passage of the crane barge under bridges, river closures or the like. However, if such delays are encountered, they will be evaluated for accuracy and paid for under the line items for such delays.

e. Lost Time. Lost time will be considered as the time when the boat is inoperative because of breakdowns and/or other causes due to the fault or negligence of the Contractor or his employees. Time lost for minor repairs and/or adjustments to the boat which, in the opinion of the contracting officer, does not interfere with or result in loss of operating time, will not be charged as lost time to the Contractor.

6. Performance of Plant.

a. Award of the Contract and acceptance of the towboat does not relieve the Contractor from responsibility for the satisfactory performance of the boat. Time is of the essence in the delivery of services under the Contract; “Best possible speed for conditions” will be maintained by the towboat used. Strict compliance with the delivery schedule is essential and untimely delivery of the services required under the Contract, or other unsatisfactory performance, will jeopardize the interests of the Government.

7. Control and Responsibility.

a. The operation of the towboat shall at all times be under the direction of the Contractor or designated employees.

8. Supervision.

a. Proper supervision will be maintained on the towboat by the Contractor to ensure compliance with the terms of the contract. The Contractor's authorized representatives will be designated in writing at the time of delivery of the boat and at any time thereafter when such authorized representatives may be changed

9. EM 385-1-1, SAFETY AND HEALTH REQUIREMENTS.

a. EM 385-1-1, Safety and Health Requirements Manual, revised 15 September 2008, is part of this scope. The contractor shall comply by all pertinent provisions. No separate payment will be made for compliance with Safety and Health Requirements. EM 385-1-

1 can be downloaded from, http://www.usace.army.mil/CESO/Pages/EM385-1- 1,2008NEW!.aspx

10. Expenses of Operation and Repair.

a. Except as hereinafter provided, the Contractor shall furnish at his own expense all operator(s) labor, lubricating oils, greases, appliances, appurtenances, equipment, materials, and bear all expenses incidental to the efficient operation of the towboat in connection with the work under the contract. The Contractor shall also bear all direct overhead and collateral expenses incidental to the operation, upkeep, and repair of the boat; shall maintain the boat in a good state of repair and shall arrange for a supply of renewal parts to be on hand when needed for the boat.

11. Subsistence and Quarters for Government Personnel.

a. Two Government personnel will be aboard during transit periods. The Contractor shall furnish 3 meals per day and quarters for the two Government personnel. Quarters include separate beds with bedding, towels and bathing facilities.

12. Personnel

a. Upon delivery of the towboat, the Contractor shall furnish the SHREVE Master a complete list of all contractor employees who will be working in any capacity on the towboat along with their schedule of work. Updates will be required anytime a change in personnel or work schedule occurs.

b. Crew. The Contractor shall furnish and pay all necessary crew required for the satisfactory and efficient operation of the towboat. The Contractor shall be responsible for compliances with all marine laws pertaining to labor on the towboat.

c. Licensed Personnel. The Contractor shall furnish and pay a sufficient number of towboat pilots and/or masters, engineers, and deckhands to operate the towboat the required number of hours. The pilots furnished shall be competent and satisfactory to the Contracting Officer, shall possess a current Operator of Uninspected Towing Vessel upon the Western Rivers (Radar Observer) or Master of Towing Vessel issued by the U.S.

Coast Guard for the type, size, tonnage, and horsepower of the boat proposed to be furnished, and for the waters in which it will be operated. Operators shall be alert at all times.

13. Towboat.

a. The hull of the towboat shall be steel construction, flat bottom, suitable for operation on the Ohio River and Mississippi River. It shall be capable of being easily handled in swift currents and maneuvered in close places. The towboat shall at all times comply with the current rules and regulations of the U.S. Coast Guard and shall be currently certified for operation in the waters specified.

QUOTES ON TUGBOATS WILL BE CONSIDERED NONRESPONSIVE.

b. The towboat shall be propelled by two or more diesel marine engines with a total manufacturer rating of not less than 4000 continuous horsepower (flywheel) for all engines operated at the manufacturer's rated continuous rpm. The contracting officer will use the current Inland River Record to verify horsepower of the towboat being quoted. If the horsepower in the Inland River Record does not correlate with the horsepower required by this specification, the contractor must submit with its quote, additional information from the engine manufacturer that evidence that the equipment meets the horsepower required of this specification. If additional data is not provided with your quote, your quote may be determined non-responsive.

c. The towboat shall have at least one steering and two flanking rudders working in conjunction with each propulsion shaft and propeller. The power-actuated steering and flanking rudders shall be capable of independent operation and shall be seaworthy and in good mechanical condition. Z-drive vessels are also acceptable and meet this specification at the same horsepower rating.

d. The towboat shall be equipped with two electric generators, one for standby.

e. The pilothouse shall be equipped with adequate windows to allow the operator good visibility in all directions.

f. The towboat shall have a minimum of two towing knees permanently affixed to the bow.

g. The towboat shall be equipped with ample deck fittings and at least two power operated winches.

e. The contractor shall furnish sufficient ratchets, wire, and fittings to make up tow to the

SHREVE.

i. The towboat shall arrive to tow the SHREVE with a sufficient amount of fuel to allow for continuous operation between destinations.

j. No-smoking within the interior of the towboat should be encouraged to the greatest extent possible.

14. Anti-Terrorism & Operational Security

a. 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. 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 COR NLT 5 calendar days after the completion of the training.

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

The HM SHREVE and Barge LD780 are in tow by the mv J.C. Thomas. The SHREVE has been placed at the head of tow with the Barge LD780 at the stern of the SHREVE.

The SHREVE is 300’ x 100’ barge with an air draft of 61’.

The Barge LD 780 is 34’ x 100’.

The mv J.C. Thomas is 150’ x 42’ with a 36’ height of eye for the pilots.

REPS & 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. ______________

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 52.203-6 Alt I Restrictions On Subcontractor Sales To The Government

(JUN 2020) -- Alternate I

OCT 1995

52.203-12 Limitation On Payments To Influence Certain Federal Transactions

JUN 2020

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

MAY 2011

52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 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 52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for Debarment

JUN 2020

52.212-1 Instructions to Offerors--Commercial Items JUN 2020 52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.217-5 Evaluation Of Options JUL 1990 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 52.222-37 Employment Reports on Veterans JUN 2020 52.222-40 Notification of Employee Rights Under the National Labor

Relations Act

DEC 2010

52.222-41 Service Contract Labor Standards AUG 2018 52.222-50 Combating Trafficking in Persons OCT 2020 52.222-55 Minimum Wages Under Executive Order 13658 NOV 2020 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

52.223-20 Aerosols JUN 2016 52.223-21 Foams JUN 2016 52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 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

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

APR 1984

52.242-13 Bankruptcy JUL 1995 52.253-1 Computer Generated Forms JAN 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

JAN 2021

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements NOV 2020 252.204-7020 NIST SP 800-171 DoD Assessment Requirements NOV 2020 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

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

MAY 2019

252.215-7008 Only One Offer JUL 2019 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 252.225-7012 Preference For Certain Domestic Commodities DEC 2017 252.225-7048 Export-Controlled Items JUN 2013 252.225-7052 Restriction on the Acquisition of Certain Magnets, Tantalum, and Tungsten.

OCT 2020

252.225-7972 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems (DEVIATION 2020-O0015)

MAY 2020

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

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.232-7017 Accelerating Payments to Small Business Subcontractors--

Prohibition on Fees and Consideration

APR 2020

252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel

JUN 2013

252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JAN 2021 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 (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.

(End of provision)

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

2020)

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

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

(c) Representations.

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

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

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (FEB 2021)

ALTERNATE I (OCT 2014)

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

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

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

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

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

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

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

"Sensitive technology"—

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

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

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

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

"Service-disabled veteran-owned small business concern"—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

"Small business concern"—

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.

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

"Small disadvantaged business concern, consistent with 13 CFR 124.1002," means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

"Veteran-owned small business concern" means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any…

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