Acquisition of Pedastal Mounted Telescopic Boom Crane

This is a combined synopsis/solicitation, W912BU21Q0037, for commercial items prepared in accordance with Federal Acquisition Regulation (FAR) Part 13 and the format in subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. A Scope of Work (SOW) is included as an attachment. This office will not accept any telephonic, written, or faxed requests for a copy of the solicitation.

Request for quotation (RFQ):

CLIN

DESCRIPTION

0001

Pedestal Mounted Telescopic Boom Crane

(See SOW and Quote Form)

FOB: Destination

Inspection and Acceptance: where work will be performed. See SOW.

Period of performance is Three Hundred and Sixty-Five (365) calendar days after award.

Solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2021-05/3-10-2021. Clauses and Provisions are available online at https://www.acquisition.gov.

This solicitation is being competed as a 100% total small business set-aside under the NAICS Code of 333923 - Ship cranes and derricks manufacturing with a small business size standard of 1,250 employees.

CLAUSES INCORPORATED BY REFERENC

52.203-Gratuitie APR 1984

52.203-6 Alt  Restrictions On Subcontractor Sales To TheGovernment233-4 OCT 1995 (JUN 2020) -- Alternate I

52.203-11 Certification And Disclosure Regarding Payments To SEP 2007

Influence Certain Federal Transactions

52.203-16

Preventing Personal Conflicts of Interest

JUN 2020

52.204-4

Printed or Copied Double-Sided on Postconsumer

Fiber Content Paper

MAY 2011

52.204-10

Reporting Executive Compensation and First-Tier

JUN 2020

Subcontract Awards

52.204-18

Commercial and Government Entity Code

Maintenance

AUG 2020

52.204-19

Incorporation by Reference of Representations and

Certifications

DEC 2014

52.204-22

Alternative Line Item Proposal

JAN 2017

52.204-25

Prohibition on Contracting for Certain

Telecommunications

AUG 2020

and Video Surveillance Services or Equipment.

52.209-2

Prohibition on Contracting with Inverted Domestic

NOV 2015

Corporations--Representation

52.209-6

Protecting the Government's Interest When

Subcontracting

JUN 2020

With Contractors Debarred, Suspended, or Proposed

for Debarment

52.209-7

Information Regarding Responsibility Matters

OCT 2018

52.209-9

Updates of Publicly Available Information Regarding

OCT 2018

Responsibility Matters

52.209-10

Prohibition on Contracting With Inverted Domestic

NOV 2015

Corporations

52.212-1

Instructions to Offerors--Commercial Items

JUN 2020

52.212-4

Contract Terms and Conditions--Commercial Items

OCT 2018

52.214-34

Submission Of Offers In The English Language

APR 1991

52.214-35

Submission Of Offers In U.S. Currency

APR 1991

52.219-8

Utilization of Small Business Concerns

OCT 2018

52.219-14 (Dev)

Limitations on Subcontracting (DEVIATION 2020-

O0008)

MAR 2020

52.222-3

Convict Labor

JUN 2003

52.222-21

Prohibition Of Segregated Facilities

APR 2015

52.222-26

Equal Opportunity

SEP 2016

52.222-37

Employment Reports on Veterans

JUN 2020

52.222-40

Notification of Employee Rights Under the National

Labor Relations Act

DEC 2010

52.222-46

Evaluation Of Compensation For Professional

Employees

FEB 1993

52.222-50

Combating Trafficking in Persons

OCT 2020

52.222-54

Employment Eligibility Verification

OCT 2015

52.223-12

Maintenance, Service, Repair, or Disposal of

Refrigeration

JUN 2016

Equipment and Air Conditioners.

52.223-16 Alt I

Acquisition of EPEAT - Registered Personal Computer

JUN 2014

Products - Alternate I

52.223-18

Encouraging Contractor Policies To Ban Text

Messaging While Driving

JUN 2020

52.225-13

Restrictions on Certain Foreign Purchases

FEB 2021

52.227-1

Authorization and Consent

JUN 2020

52.227-2

Notice And Assistance Regarding Patent And

Copyright Infringement

JUN 2020

52.232-40

Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-3

Protest After Award

AUG 1996

52.233-4

Applicable Law for Breach of Contract Claim

OCT 2004

52.237-3

Continuity Of Services

JAN 1991

52.242-13

Bankruptcy

JUL 1995

52.242-15

Stop-Work Order

AUG 1989

52.246-4

Inspection Of Services--Fixed Price

AUG 1996

52.247-34

F.O.B. Destination

NOV 1991

52.253-1

Computer Generated Forms

JAN 1991

252.201-7000

Contracting Officer's Representative

DEC 1991

252.203-7000

Requirements Relating to Compensation of Former DoD

SEP 2010

Officials

252.203-7002

Requirement to Inform Employees of Whistleblower

Rights

SEP 2013

252.204-7003

Control Of Government Personnel Work Product

APR 1992

252.209-7004

Subcontracting With Firms That Are Owned or

Controlled By

MAY 2019

The Government of a Country that is a State Sponsor of

Terrorism

252.223-7008

Prohibition of Hexavalent Chromium

JUN 2013

252.225-7001

Buy American And Balance Of Payments Program--

Basic

DEC 2017

252.225-7002

Qualifying Country Sources As Subcontractors

DEC 2017

252.225-7012

Preference For Certain Domestic Commodities

DEC 2017

252.225-7031

Secondary Arab Boycott Of Israel

JUN 2005

252.225-7051

Prohibition on Acquisition of Certain Foreign

Commercial

DEC 2018

Satellite Services.

252.226-7000 Utilization of Indian Organizations and Indian-OwnedAPR 2019

Economic Enterprises, and Native Hawaiian SmallcBusiness Concerns

252.232-7003

Electronic Submission of Payment Requests and

Receiving

DEC 2018

Reports

252.232-7010

Levies on Contract Payments

DEC 2006

252.233-7001

Choice of Law (Overseas)

JUN 1997

252.239-7001

Information Assurance Contractor Training and

Certification

JAN 2008

252.243-7002

Requests for Equitable Adjustment

DEC 2012

252.247-7023

Transportation of Supplies by Sea

FEB 2019

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

Paragraph (a) Inspection/Acceptance is revised to add the following:

Additional Inspection/Acceptance requirements can be found in Scope of Work (SOW).

Paragraph (o) Warranty is revised to incorporate clause FAR 52.246-17 Warranty of Supplies of a non-complex Nature.

(End of Clause Addendum)

FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (DEVIATION 2018-O0021) (JAN 2021) ALTERNATE I (FEB 2000)

Notwithstanding the requirements of any other clauses of this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b) (1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) (41 U.S.C. 3509).

52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91).

52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C.637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

52.222-21, Prohibition of Segregated Facilities (APR 2015).

(7) 52.222-26, Equal Opportunity (SEP 2015) (E.O.11246).

52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C.4212).

52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C.793).

52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C.4212)

52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O 13627).

52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (MAY 2014) (41 U.S.C. chapter 67).

52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY 2014) (41 U.S.C. chapter 67).

52.222-54, Employment Eligibility Verification (OCT 2015) (E.O. 12989).

52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).

52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx.1241(b) and 10 U.S.C.2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

52.246-16 Warranty of Supplies of a Noncomplex Nature (June 2003)

      (a) Definitions. As used in this clause-

      Acceptance means the act of an authorized representative of the Government by which the Government assumes for itself, or as an agent of another, ownership of existing supplies, or approves specific services as partial or complete performance of the contract.

      Supplies means the end items furnished by the Contractor and related services required under this contract. The word does not include "data."

      (b) Contractor’s obligations.

(1) Notwithstanding inspection and acceptance by the Government of supplies furnished under this contract, or any condition of this contract concerning the conclusiveness thereof, the Contractor warrants that for Three (3) Years.

                (i) All supplies furnished under this contract will be free from defects in material or workmanship and will conform with all requirements of this contract; and

                (ii) The preservation, packaging, packing, and marking, and the preparation for, and method of, shipment of such supplies will conform with the requirements of this contract.

           (2) When return, correction, or replacement is required, transportation charges and responsibility for the supplies while in transit shall be borne by the Contractor. However, the Contractor’s liability for the transportation charges shall not exceed an amount equal to the cost of transportation by the usual commercial method of shipment between the place of delivery specified in this contract and the Contractor’s plant, and return.

           (3) Any supplies or parts thereof, corrected or furnished in replacement under this clause, shall also be subject to the terms of this clause to the same extent as supplies initially delivered. The warranty, with respect to supplies or parts thereof, shall be equal in duration to that in paragraph (b)(1) of this clause and shall run from the date of delivery of the corrected or replaced supplies.

           (4) All implied warranties of merchantability and "fitness for a particular purpose" are excluded from any obligation contained in this contract.

      (c) Remedies available to the Government.

(1) The Contracting Officer shall give written notice to the Contractor of any breach of warranties in paragraph (b)(1) of this clause within 180 days of the discovery of the fault.

           (2) Within a reasonable time after the notice, the Contracting Officer may either-

                (i) Require, by written notice, the prompt correction or replacement of any supplies or parts thereof (including preservation, packaging, packing, and marking) that do not conform with the requirements of this contract within the meaning of paragraph (b)(1) of this clause; or

                (ii) Retain such supplies and reduce the contract price by an amount equitable under the circumstances.

           (3)

(i) If the contract provides for inspection of supplies by sampling procedures, conformance of supplies or components subject to warranty action shall be determined by the applicable sampling procedures in the contract. The Contracting Officer-

                     (A) May, for sampling purposes, group any supplies delivered under this contract;

                     (B) Shall require the size of the sample to be that required by sampling procedures specified in the contract for the quantity of supplies on which warranty action is proposed;

                     (C) May project warranty sampling results over supplies in the same shipment or other supplies contained in other shipments even though all of such supplies are not present at the point of reinspection; provided, that the supplies remaining are reasonably representative of the quantity on which warranty action is proposed; and

                     (D) Need not use the same lot size as on original inspection or reconstitute the original inspection lots.

                (ii) Within a reasonable time after notice of any breach of the warranties specified in paragraph (b)(1) of this clause, the Contracting Officer may exercise one or more of the following options:

                     (A) Require an equitable adjustment in the contract price for any group of supplies.

                     (B) Screen the supplies grouped for warranty action under this clause at the Contractor’s expense and return all nonconforming supplies to the Contractor for correction or replacement.

                     (C) Require the Contractor to screen the supplies at locations designated by the Government within the contiguous United States and to correct or replace all nonconforming supplies.

                     (D) Return the supplies grouped for warranty action under this clause to the Contractor (irrespective of the f.o.b. point or the point of acceptance) for screening and correction or replacement.

           (4)

(i) The Contracting Officer may, by contract or otherwise, correct or replace the nonconforming supplies with similar supplies from another source and charge to the Contractor the cost occasioned to the Government thereby if the Contractor-

                     (A) Fails to make redelivery of the corrected or replaced supplies within the time established for their return; or

                     (B) Fails either to accept return of the nonconforming supplies or fails to make progress after their return to correct or replace them so as to endanger performance of the delivery schedule, and in either of these circumstances does not cure such failure within a period of 10 days (or such longer period as the Contracting Officer may authorize in writing) after receipt of notice from the Contracting Officer specifying such failure.

                (ii) Instead of correction or replacement by the Government, the Contracting Officer may require an equitable adjustment of the contract price. In addition, if the Contractor fails to furnish timely disposition instructions, the Contracting Officer may dispose of the nonconforming supplies for the Contractor’s account in a reasonable manner. The Government is entitled to reimbursement from the Contractor, or from the proceeds of such disposal, for the reasonable expenses of the care and disposition of the nonconforming supplies, as well as for excess costs incurred or to be incurred.

           (5) The rights and remedies of the Government provided in this clause are in addition to and do not limit any rights afforded to the Government by any other clause of this contract.

(End of clause)

FAR 52.252-2 Clauses Incorporated by Reference FEB 1998

This contract incorporates one or more clauses 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. Also, the full text of a clause may be accessed electronically at this/these address(es): https://www.acquisition.gov

(End of Clause)

FAR 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): https://www.acquisition.gov

FAR 52.204-7 System for Award Management OCT 2018

FAR 52.204-16 Commercial and Government Entity Code Reporting JUL 2019

DFARS 52.204-7008 Compliance with Safeguarding Covered Defense Information Controls OCT 2016 FAR 52.209-7 Information Regarding Responsibility Matters Oct 2018

FAR 52.212-3 Offeror Representations and Certifications-Commercial Items OCT 2018

DFARS 252.203-7005 Representation Relating to Compensation of Former DoD Officials NOV 2011 FAR 52.222-22 Previous Contracts and Compliance Reports FEB 1999

FAR 52.2225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications JUN 2020

FAR 52.252-5 Authorized Deviations in Provisions NOV 2020

(End of Provision)

FAR 52.209-7 Information Regarding Responsibility Matters (Oct 2018)

Definitions. As used in this provision—

“Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

“Federal contracts and grants with total value greater than $10,000,000” means—

The total value of all current, active contracts and grants, including all priced options; and

The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

“Principal” means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

The offeror              has              does not have current active Federal contracts and grants with total value greater than $10,000,000.

If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

In a criminal proceeding, a conviction.

In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

In an administrative proceeding, a finding of fault and liability that results in–

The payment of a monetary fine or penalty of $5,000 or more; or

The payment of a reimbursement, restitution, or damages in excess of $100,000.

In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed viahttps://www.sam.gov (see 52.204-7).

(End of provision)

FAR 52.212-1 -- INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JUN 2020) - ADDENDUM

Part (b) Submission of offers is replaced by language below.

Quote shall include the following (Quote Form):

Solicitation No.: W912BU21Q0037

Date/Name/POC:                                                                                                                        

Address/Telephone No:                                                                      

Cage Code, DUNS:  

A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically). For vendors with a current registration in the System for Award Management (SAM), complete paragraph (b) of the provision and submit with the response to the RFQ.

Additional requirements set forth in solicitation.

Price: Enter pricing in the Quote.

Part (c) Period for acceptance of offer replaces 30 calendar days with 90 calendar days.

The offeror agrees to hold the prices in its offer firm for 90 calendar days from the date specified for receipt of offers.

All other parts of this provision remain unchanged.

QUOTE SUBMITTAL INSTRUCTIONS:

***Completed Quote Form with other required documentation shall be submitted via email (see instructions below) NLT 1:00 PM EST September 9, 2021 ***

Prospective contractors are required to submit offers via email to Jonathan.P.Bradshaw@usace.army.mil  and CC Robert.W.Hutcheon@usace.army.mil with subject line as follow: MDC 3205 MVK Crane Procurement W92BU21Q0037.

Submission, modification, revision, and withdrawal will be handled as prescribe in FAR 15.208.

Quoters must make every effort to ensure its electronic submission is virus-free. Also, the offeror is responsible for verifying  receipt of their quotes to this office before the due date and time.

(End of Provision)

FAR 52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Award will be made to lowest price quote meeting specification, terms and conditions, and past performance requirements.  

Price: Total Price of project

Total Price at the bottom of Price Schedule Sheet

Technical: Scope of Work (SOW)

Past Performance: The Government will validate vendor(s) past performance information through Contractor Performance Assessment Reporting System (CPARS). Government will accept anything other than an “Unsatisfactory” rating in CPARS.

Note: FAR 52.212-2 (b) and (c) are not applicable to this solicitation.

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

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

(End of Provision)

FAR 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.

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.

Prohibition.

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--

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

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.

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--

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

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.

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."

Representations. The Offeror represents that--

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

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.

Disclosures.

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:

For covered equipment--

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);

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

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.

For covered services--

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

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.

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:

For covered equipment--

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);

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

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.

For covered services--

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

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)

FAR 52.204-26 Covered Telecommunications Equipment or Services--Representation (OCT 2020)

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.

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”.

Representations.

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.

After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [  

] does, [        ] does not use covered telecommunications equipment or services, or any equipment, system, or

service that uses covered telecommunications equipment or services.

(End of provision)

Additional contract requirement:

Firms who receive a Federal contract in excess of $30,000.00 are required by legislation to submit an annual VETS Report on your employment of targeted veterans. Information on submitting your report may be obtained by accessing the following internet web site: www.va.gov.

(End of Additional Requirements)

List of Documents, Exhibits, and Other Attachments:

Attachment 1: Scope of work (SOW)

(End of Documents, Exhibits, and Other Attachments)

**Questions must be submitted NLT 1:00 PM EST 10 calendar days prior to solicitation closing to Jonathan.P.Bradshaw@usace.army.mil and CC Robert.W.Hutcheon@usace.army.mil. Questions will be answered within 48 hours through a notice amendment. **

***Quotes shall be submitted via email to Jonathan.P.Bradshaw@usace.army.mil and CC Robert.W.Hutcheon@usace.army.mil NLT 1:00 PM EST September 9, 2021 ***

Important Note: the official media or distribution of this solicitation is beta.SAM.gov. It is the responsibility of the interested vendor(s) to register and monitor the notice for any amendments. Quotes that fail to furnish required representations or information, take into account amendments, or reject the terms and conditions of the solicitation may be excluded from consideration.

This is a combined synopsis/solicitation, W912BU21Q0037, for commercial items prepared in accordance with Federal Acquisition Regulation (FAR) Part 13 and the format in subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. A Scope of Work (SOW) is included as an attachment. This office will not accept any telephonic, written, or faxed requests for a copy of the solicitation.

Request for quotation (RFQ):

CLIN

DESCRIPTION

0001

Pedestal Mounted Telescopic Boom Crane

(See SOW and Quote Form)

FOB: Destination

Inspection and Acceptance: where work will be performed. See SOW.

Period of performance is Three Hundred and Sixty-Five (365) calendar days after award.

Solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2021-05/3-10-2021. Clauses and Provisions are available online at https://www.acquisition.gov.

This solicitation is being competed as a 100% total small business set-aside under the NAICS Code of 333923 - Ship cranes and derricks manufacturing with a small business size standard of 1,250 employees.

CLAUSES INCORPORATED BY REFERENC

52.203-Gratuitie APR 1984

52.203-6 Alt  Restrictions On Subcontractor Sales To TheGovernment233-4 OCT 1995 (JUN 2020) -- Alternate I

52.203-11 Certification And Disclosure Regarding Payments To SEP 2007

Influence Certain Federal Transactions

52.203-16

Preventing Personal Conflicts of Interest

JUN 2020

52.204-4

Printed or Copied Double-Sided on Postconsumer

Fiber Content Paper

MAY 2011

52.204-10

Reporting Executive Compensation and First-Tier

JUN 2020

Subcontract Awards

52.204-18

Commercial and Government Entity Code

Maintenance

AUG 2020

52.204-19

Incorporation by Reference of Representations and

Certifications

DEC 2014

52.204-22

Alternative Line Item Proposal

JAN 2017

52.204-25

Prohibition on Contracting for Certain

Telecommunications

AUG 2020

and Video Surveillance Services or Equipment.

52.209-2

Prohibition on Contracting with Inverted Domestic

NOV 2015

Corporations--Representation

52.209-6

Protecting the Government's Interest When

Subcontracting

JUN 2020

With Contractors Debarred, Suspended, or Proposed

for Debarment

52.209-7

Information Regarding Responsibility Matters

OCT 2018

52.209-9

Updates of Publicly Available Information Regarding

OCT 2018

Responsibility Matters

52.209-10

Prohibition on Contracting With Inverted Domestic

NOV 2015

Corporations

52.212-1

Instructions to Offerors--Commercial Items

JUN 2020

52.212-4

Contract Terms and Conditions--Commercial Items

OCT 2018

52.214-34

Submission Of Offers In The English Language

APR 1991

52.214-35

Submission Of Offers In U.S. Currency

APR 1991

52.219-8

Utilization of Small Business Concerns

OCT 2018

52.219-14 (Dev)

Limitations on Subcontracting (DEVIATION 2020-

O0008)

MAR 2020

52.222-3

Convict Labor

JUN 2003

52.222-21

Prohibition Of Segregated Facilities

APR 2015

52.222-26

Equal Opportunity

SEP 2016

52.222-37

Employment Reports on Veterans

JUN 2020

52.222-40

Notification of Employee Rights Under the National

Labor Relations Act

DEC 2010

52.222-46

Evaluation Of Compensation For Professional

Employees

FEB 1993

52.222-50

Combating Trafficking in Persons

OCT 2020

52.222-54

Employment Eligibility Verification

OCT 2015

52.223-12

Maintenance, Service, Repair, or Disposal of

Refrigeration

JUN 2016

Equipment and Air Conditioners.

52.223-16 Alt I

Acquisition of EPEAT - Registered Personal Computer

JUN 2014

Products - Alternate I

52.223-18

Encouraging Contractor Policies To Ban Text

Messaging While Driving

JUN 2020

52.225-13

Restrictions on Certain Foreign Purchases

FEB 2021

52.227-1

Authorization and Consent

JUN 2020

52.227-2

Notice And Assistance Regarding Patent And

Copyright Infringement

JUN 2020

52.232-40

Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-3

Protest After Award

AUG 1996

52.233-4

Applicable Law for Breach of Contract Claim

OCT 2004

52.237-3

Continuity Of Services

JAN 1991

52.242-13

Bankruptcy

JUL 1995

52.242-15

Stop-Work Order

AUG 1989

52.246-4

Inspection Of Services--Fixed Price

AUG 1996

52.247-34

F.O.B. Destination

NOV 1991

52.253-1

Computer Generated Forms

JAN 1991

252.201-7000

Contracting Officer's Representative

DEC 1991

252.203-7000

Requirements Relating to Compensation of Former DoD

SEP 2010

Officials

252.203-7002

Requirement to Inform Employees of Whistleblower

Rights

SEP 2013

252.204-7003

Control Of Government Personnel Work Product

APR 1992

252.209-7004

Subcontracting With Firms That Are Owned or

Controlled By

MAY 2019

The Government of a Country that is a State Sponsor of

Terrorism

252.223-7008

Prohibition of Hexavalent Chromium

JUN 2013

252.225-7001

Buy American And Balance Of Payments Program--

Basic

DEC 2017

252.225-7002

Qualifying Country Sources As Subcontractors

DEC 2017

252.225-7012

Preference For Certain Domestic Commodities

DEC 2017

252.225-7031

Secondary Arab Boycott Of Israel

JUN 2005

252.225-7051

Prohibition on Acquisition of Certain Foreign

Commercial

DEC 2018

Satellite Services.

252.226-7000 Utilization of Indian Organizations and Indian-OwnedAPR 2019

Economic Enterprises, and Native Hawaiian SmallcBusiness Concerns

252.232-7003

Electronic Submission of Payment Requests and

Receiving

DEC 2018

Reports

252.232-7010

Levies on Contract Payments

DEC 2006

252.233-7001

Choice of Law (Overseas)

JUN 1997

252.239-7001

Information Assurance Contractor Training and

Certification

JAN 2008

252.243-7002

Requests for Equitable Adjustment

DEC 2012

252.247-7023

Transportation of Supplies by Sea

FEB 2019

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

Paragraph (a) Inspection/Acceptance is revised to add the following:

Additional Inspection/Acceptance requirements can be found in Scope of Work (SOW).

Paragraph (o) Warranty is revised to incorporate clause FAR 52.246-17 Warranty of Supplies of a non-complex Nature.

(End of Clause Addendum)

FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (DEVIATION 2018-O0021) (JAN 2021) ALTERNATE I (FEB 2000)

Notwithstanding the requirements of any other clauses of this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b) (1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) (41 U.S.C. 3509).

52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91).

52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C.637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

52.222-21, Prohibition of Segregated Facilities (APR 2015).

(7) 52.222-26, Equal Opportunity (SEP 2015) (E.O.11246).

52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C.4212).

52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C.793).

52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C.4212)

52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O 13627).

52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (MAY 2014) (41 U.S.C. chapter 67).

52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY 2014) (41 U.S.C. chapter 67).

52.222-54, Employment Eligibility Verification (OCT 2015) (E.O. 12989).

52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).

52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx.1241(b) and 10 U.S.C.2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

52.246-16 Warranty of Supplies of a Noncomplex Nature (June 2003)

      (a) Definitions. As used in this clause-

      Acceptance means the act of an authorized representative of the Government by which the Government assumes for itself, or as an agent of another, ownership of existing supplies, or approves specific services as partial or complete performance of the contract.

      Supplies means the end items furnished by the Contractor and related services required under this contract. The word does not include "data."

      (b) Contractor’s obligations.

(1) Notwithstanding inspection and acceptance by the Government of supplies furnished under this contract, or any condition of this contract concerning the conclusiveness thereof, the Contractor warrants that for Three (3) Years.

                (i) All supplies furnished under this contract will be free from defects in material or workmanship and will conform with all requirements of this contract; and

                (ii) The preservation, packaging, packing, and marking, and the preparation for, and method of, shipment of such supplies will conform with the requirements of this contract.

           (2) When return, correction, or replacement is required, transportation charges and responsibility for the supplies while in transit shall be borne by the Contractor. However, the Contractor’s liability for the transportation charges shall not exceed an amount equal to the cost of transportation by the usual commercial method of shipment between the place of delivery specified in this contract and the Contractor’s plant, and return.

           (3) Any supplies or parts thereof, corrected or furnished in replacement under this clause, shall also be subject to the terms of this clause to the same extent as supplies initially delivered. The warranty, with respect to supplies or parts thereof, shall be equal in duration to that in paragraph (b)(1) of this clause and shall run from the date of delivery of the corrected or replaced supplies.

           (4) All implied warranties of merchantability and "fitness for a particular purpose" are excluded from any obligation contained in this contract.

      (c) Remedies available to the Government.

(1) The Contracting Officer shall give written notice to the Contractor of any breach of warranties in paragraph (b)(1) of this clause within 180 days of the discovery of the fault.

           (2) Within a reasonable time after the notice, the Contracting Officer may either-

                (i) Require, by written notice, the prompt correction or replacement of any supplies or parts thereof (including preservation, packaging, packing, and marking) that do not conform with the requirements of this contract within the meaning of paragraph (b)(1) of this clause; or

                (ii) Retain such supplies and reduce the contract price by an amount equitable under the circumstances.

           (3)

(i) If the contract provides for inspection of supplies by sampling procedures, conformance of supplies or components subject to warranty action shall be determined by the applicable sampling procedures in the contract. The Contracting Officer-

                     (A) May, for sampling purposes, group any supplies delivered under this contract;

                     (B) Shall require the size of the sample to be that required by sampling procedures specified in the contract for the quantity of supplies on which warranty action is proposed;

                     (C) May project warranty sampling results over supplies in the same shipment or other supplies contained in other shipments even though all of such supplies are not present at the point of reinspection; provided, that the supplies remaining are reasonably representative of the quantity on which warranty action is proposed; and

                     (D) Need not use the same lot size as on original inspection or reconstitute the original inspection lots.

                (ii) Within a reasonable time after notice of any breach of the warranties specified in paragraph (b)(1) of this clause, the Contracting Officer may exercise one or more of the following options:

                     (A) Require an equitable adjustment in the contract price for any group of supplies.

                     (B) Screen the supplies grouped for warranty action under this clause at the Contractor’s expense and return all nonconforming supplies to the Contractor for correction or replacement.

                     (C) Require the Contractor to screen the supplies at locations designated by the Government within the contiguous United States and to correct or replace all nonconforming supplies.

                     (D) Return the supplies grouped for warranty action under this clause to the Contractor (irrespective of the f.o.b. point or the point of acceptance) for screening and correction or replacement.

           (4)

(i) The Contracting Officer may, by contract or otherwise, correct or replace the nonconforming supplies with similar supplies from another source and charge to the Contractor the cost occasioned to the Government thereby if the Contractor-

                     (A) Fails to make redelivery of the corrected or replaced supplies within the time established for their return; or

                     (B) Fails either to accept return of the nonconforming supplies or fails to make progress after their return to correct or replace them so as to endanger performance of the delivery schedule, and in either of these circumstances does not cure such failure within a period of 10 days (or such longer period as the Contracting Officer may authorize in writing) after receipt of notice from the Contracting Officer specifying such failure.

                (ii) Instead of correction or replacement by the Government, the Contracting Officer may require an equitable adjustment of the contract price. In addition, if the Contractor fails to furnish timely disposition instructions, the Contracting Officer may dispose of the nonconforming supplies for the Contractor’s account in a reasonable manner. The Government is entitled to reimbursement from the Contractor, or from the proceeds of such disposal, for the reasonable expenses of the care and disposition of the nonconforming supplies, as well as for excess costs incurred or to be incurred.

           (5) The rights and remedies of the Government provided in this clause are in addition to and do not limit any rights afforded to the Government by any other clause of this contract.

(End of clause)

FAR 52.252-2 Clauses Incorporated by Reference FEB 1998

This contract incorporates one or more clauses 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. Also, the full text of a clause may be accessed electronically at this/these address(es): https://www.acquisition.gov

(End of Clause)

FAR 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): https://www.acquisition.gov

FAR 52.204-7 System for Award Management OCT 2018

FAR 52.204-16 Commercial and Government Entity Code Reporting JUL 2019

DFARS 52.204-7008 Compliance with Safeguarding Covered Defense Information Controls OCT 2016 FAR 52.209-7 Information Regarding Responsibility Matters Oct 2018

FAR 52.212-3 Offeror Representations and Certifications-Commercial Items OCT 2018

DFARS 252.203-7005 Representation Relating to Compensation of Former DoD Officials NOV 2011 FAR 52.222-22 Previous Contracts and Compliance Reports FEB 1999

FAR 52.2225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications JUN 2020

FAR 52.252-5 Authorized Deviations in Provisions NOV 2020

(End of Provision)

FAR 52.209-7 Information Regarding Responsibility Matters (Oct 2018)

Definitions. As used in this provision—

“Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

“Federal contracts and grants with total value greater than $10,000,000” means—

The total value of all current, active contracts and grants, including all priced options; and

The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

“Principal” means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

The offeror              has              does not have current active Federal contracts and grants with total value greater than $10,000,000.

If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

In a criminal proceeding, a conviction.

In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

In an administrative proceeding, a finding of fault and liability that results in–

The payment of a monetary fine or penalty of $5,000 or more; or

The payment of a reimbursement, restitution, or damages in excess of $100,000.

In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed viahttps://www.sam.gov (see 52.204-7).

(End of provision)

FAR 52.212-1 -- INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JUN 2020) - ADDENDUM

Part (b) Submission of offers is replaced by language below.

Quote shall include the following (Quote Form):

Solicitation No.: W912BU21Q0037

Date/Name/POC:                                                                                                                        

Address/Telephone No:                                                                      

Cage Code, DUNS:  

A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically). For vendors with a current registration in the System for Award Management (SAM), complete paragraph (b) of the provision and submit with the response to the RFQ.

Additional requirements set forth in solicitation.

Price: Enter pricing in the Quote.

Part (c) Period for acceptance of offer replaces 30 calendar days with 90 calendar days.

The offeror agrees to hold the prices in its offer firm for 90 calendar days from the date specified for receipt of offers.

All other parts of this provision remain unchanged.

QUOTE SUBMITTAL INSTRUCTIONS:

***Completed Quote Form with other required documentation shall be submitted via email (see instructions below) NLT 1:00 PM EST September 2, 2021 ***

Prospective contractors are required to submit offers via email to Jonathan.P.Bradshaw@usace.army.mil  and CC Robert.W.Hutcheon@usace.army.mil with subject line as follow: MDC 3205 MVK Crane Procurement W92BU21Q0037.

Submission, modification, revision, and withdrawal will be handled as prescribe in FAR 15.208.

Quoters must make every effort to ensure its electronic submission is virus-free. Also, the offeror is responsible for verifying  receipt of their quotes to this office before the due date and time.

(End of Provision)

FAR 52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Award will be made to lowest price quote meeting specification, terms and conditions, and past performance requirements.  

Price: Total Price of project

Total Price at the bottom of Price Schedule Sheet

Technical: Scope of Work (SOW)

Past Performance: The Government will validate vendor(s) past performance information through Contractor Performance Assessment Reporting System (CPARS). Government will accept anything other than an “Unsatisfactory” rating in CPARS.

Note: FAR 52.212-2 (b) and (c) are not applicable to this solicitation.

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

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

(End of Provision)

FAR 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.

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.

Prohibition.

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--

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

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.

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--

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

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.

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."

Representations. The Offeror represents that--

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

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.

Disclosures.

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:

For covered equipment--

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);

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

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.

For covered services--

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

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.

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:

For covered equipment--

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);

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

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.

For covered services--

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

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)

FAR 52.204-26 Covered Telecommunications Equipment or Services--Representation (OCT 2020)

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.

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”.

Representations.

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.

After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [  

] does, [        ] does not use covered telecommunications equipment or services, or any equipment, system, or

service that uses covered telecommunications equipment or services.

(End of provision)

Additional contract requirement:

Firms who receive a Federal contract in excess of $30,000.00 are required by legislation to submit an annual VETS Report on your employment of targeted veterans. Information on submitting your report may be obtained by accessing the following internet web site: www.va.gov.

(End of Additional Requirements)

List of Documents, Exhibits, and Other Attachments:

Attachment 1: Scope of work (SOW)

(End of Documents, Exhibits, and Other Attachments)

**Questions must be submitted NLT 1:00 PM EST 10 calendar days prior to solicitation closing to Jonathan.P.Bradshaw@usace.army.mil and CC Robert.W.Hutcheon@usace.army.mil. Questions will be answered within 48 hours through a notice amendment. **

***Quotes shall be submitted via email to Jonathan.P.Bradshaw@usace.army.mil and CC Robert.W.Hutcheon@usace.army.mil NLT 1:00 PM EST September 2, 2021 ***

Important Note: the official media or distribution of this solicitation is beta.SAM.gov. It is the responsibility of the interested vendor(s) to register and monitor the notice for any amendments. Quotes that fail to furnish required representations or information, take into account amendments, or reject the terms and conditions of the solicitation may be excluded from consideration.