Craney Island Mosquito

This is a combined synopsis/solicitation for commercial items prepared in accordance with Federal Acquisition Regulation (FAR) subpart 12.6 and subpart 13 as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued. Solicitation number W9123623Q5016 is issued as a Request for Quotations (RFQ). This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2022-08 effective October 28, 2022.

NORTH AMERICAN INDUSTRY CLASSIFICATION STANDARD CODE:

The applicable North American Industry Classification Standard Code is 561710. The small business size standard is $17.5M. This solicitation is issued as a 100% Total Small Business Set Aside. All responsible small business sources may submit a quotation, which shall be  considered by the agency.

It is anticipated that one (1) firm fixed price contract will be awarded as a result of this synopsis/solicitation.

SOLICITATION DOCUMENTS:

Enclosure 1: Schedule of Services

Enclosure 2: Performance Work Statement

Enclosure 3: Quality Assurance Surveillance Plan

Enclosure 4: Wage Determination

REQUIRED SUBMITTALS:

1 – Complete Schedule of Services (Enclosure 1) with supporting price documentation

2 – Signed Solicitation Amendments (if applicable)

3 – Technical information requested, outlined on page 6

AGENCY INFORMATION:

Katelyn Vance

Contract Specialist

(757) 201-7124

Katelyn.vance@usace.army.mil

Eartha Garrett Contracting Officer (757) 201-7131

eartha.d.garrett@usace.army.mil

Niklas Hallberg

Contracting Officer’s Representative

(757) 201-7017

niklas.u.hallberg@usace.army.mil

PERIOD OF PERFORMANCE:The anticipated period of performance is One (1) Base Year, plus two (2) Twelve (12) month option years (if exercised).  Contractors that have this capability are invited to submit quotations in accordance with the requirements stipulated in this solicitation. 

PLACE OF PERFORMANCE:The place of performance will be at the specified location for Mosquito Treatment Services in accordance with the subject Performance Work Statement (PWS).

Prior to being considered for contract award, a pre-award survey will be required for any contractor identified for serious consideration for award and who does not have a current (past six months), positive history of successful completion of projects similar in size and scope (or larger). The survey is used as an indication if a contractor has the qualifications to do the work.

QUESTIONS:The last day for questions regarding this solicitation is 2:00PM EST 06 July 2023.  Email questions to Contract Specialist and Contracting Officer. All questions need to identify the solicitation number W9123623Q5016 and will be answered by an Amendment.  No questions will be received or responded to after cut-off date.

Wage Determinations:

Wage Determination No.: 1995-0222 Rev 62 Date of Rev 04/05/2023

ELECTRONIC SUBMISSION OF QUOTES IN PIEE:

In accordance with FAR 13.105, electronic commerce may be used to issue Request for Quotations (RFQs) and to receive proposals, modifications, and revisions when contracting by Simplified Acquisition Procedures. Proposals will be submitted through PIEE (https://piee.eb.mil/). Please indicate W9123623Q5016 in the subject line. All proposals must be uploaded into PIEE infrastructure not earlier than 12 July 2023, and not later than 17 July 2023 at 2:00 P.M., Eastern Daylight Time (EDT).
 

b. Electronic Proposal Organization and Format
 

The offeror shall organize the proposal as set forth in details of the solicitation. In the event that the solicitation conflicts with the detailed instructions in the paragraphs that follow, the detailed instructions shall take precedence.

Any questions regarding electronic proposal submission shall be submitted to the Contract Specialist, Katelyn Vance at Katelyn.vance@usace.army.mil. Files shall not contain classified data. The use of hyperlinks in proposals is prohibited.

NOTE: Do NOT enter Privacy Act Data (Personal Identification Information (PII) in the File Description.) OFFERORS ARE STRONGLY ENCOURAGED TO AVOID WAITING UNTIL THE LAST MINUTE TO ATTEMPT TO TRANSMIT THEIR PROPOSALS TECHNICAL ISSUES WITH UPLOAD MAY RENDER YOUR PROPOSAL TO BE LATE.

c. Receipt of Submissions

For the purposes of establishing whether a proposal submission is considered timely, the Government considers the date and time the submission is completely uploaded in the PIEE website. Do not assume that electronic communication is instantaneous. It can take several minutes or even hours in some cases. The electronic proposal submittal contents shall conform to the details of the solicitation and subsequent amendments. Each proposal shall be submitted electronically as detailed above. The Government intends for PIEE to serve as the primary means for submitting the proposals. Accordingly, proposals received by email, modifications thereto, or cancellations of proposals will not be accepted unless the offeror sends an email containing the required proposal documents along with an explanation as to why the proposal was not submitted via PIEE. Emails are to be sent to POC: Katelyn Vance at Katelyn.vance@usace.army.mil and cc: eartha.d.garrett@usace.army.mil and must be received by the Government electronic infrastructure prior to the exact time set for receipt of proposals.

The offeror will be solely responsible for ensuring that the email and the proposal in its entirety are received timely. The emailed version will then serve as the offeror’s official submission. Late proposals will be handled in accordance with FAR 15.208.
 

The proposal shall be submitted in an 8-1/2 inch x 11 inch format (except that tables and graphic representations may be submitted on Z-folded 11 inch x 17 inch pages). Pages shall be numbered. Text shall have a minimum eleven (11) point Arial or Times New Roman font. Variation of these fonts such as bold, italics, narrow is also acceptable. Any text that appears to be using font of a lesser size than specified, may lead to information not being considered. No proposal information may be included by reference. Proposals shall adhere to the allowable number of pages specified under each evaluation factor. If a proposal submission exceeds the page number limits reflected throughout the Solicitation, the Government will not consider the matters submitted within the pages that exceed the limits. Text printed on two sides of a page will be counted as two (2) pages. Font smaller than size 11 is acceptable

in tables and illustrations as long as the items are legible without usage of magnifying glass or similar zoom-in procedures.
 

Offerors are responsible for ensuring electronic copies are virus -free and shall run an anti-virus scan before upload into PIEE. DO NOT INCLUDE PASSWORD PROTECTED DOCUMENTS. MATTERS OF FINANCIAL RESPONSIBILITY MAY BE EMAILED DIRECTLY TO THE CONTRACTING OFFICER. Any information that is changed as a result of negotiations or quotation revisions shall be of a different color and clearly marked by a vertical line in the right margin of the page. The revised pages shall be dated. All pages shall be appropriately numbered and identified by the complete project name, installation name, solicitation number, and the Offeror’s name in the header and/or footer. Each volume shall have a Table of Contents and use the following page setup parameters:

Margins – Top, Bottom, Left, Right – 1”

Gutter – 0”

From Edge – Header, Footer 0.5”

Page Size, Width – 8.5”

Page Size, Height – 11”

Z-folded pages are acceptable for tables/graphic representations and will be counted as one page.

The following additional restrictions apply:

i. File Packaging. Electronic copies of each volume shall be compatible with the following software products: Adobe Acrobat Reader 11 and Microsoft Office Suite (Excel and Project) 2019. The electronic copy shall be in Adobe Acrobat (except for Microsoft Excel documents) portable document file (pdf) searchable text format. PDF Files shall be submitted in read-only format. All price breakdown information shall be submitted in Microsoft Office Excel 2019 Excel Workbook (*.xlsx) format and viewable in Microsoft Excel 2019 to aide in the price evaluation.

ii. Content Requirement. All information shall be confined to the appropriate volume. The Offeror shall confine submissions to essential matters, sufficient to define the proposal in a concise manner and to permit a complete and accurate evaluation.

iii. All constituent members of the Offeror, if applicable, MUST sign the SF1442 and the bid bond unless a written agreement executed by all team members is furnished with the proposal designating one firm with the authority to bind the other members. Failure to comply with this requirement WILL eliminate the proposal from further consideration. The proposal must comply with any additional instructions in FAR clause 52.215-1 incorporated into this solicitation.

iv. Any deviation and/or exceptions to the contractual terms and conditions of the solicitation (e.g., standard terms and conditions) may result in a determination to reject a proposal.

Statement of Requirement

The proposed contract to be awarded by the Norfolk District Army Corps of Engineers shall be for  Mosquito Treatment Services to the Norfolk District Combined Solicitation Synopsis W9123623Q5016 as specified in Enclosure 2 – Performance Work Statement. Contractor shall provide all labor, materials, necessary to meet the requirements of the specification.

The following clauses, provisions, and addenda applies to this acquisition:

Theprovisionat52.212-1,InstructionstoOfferors-Commercial Products and Commercial Services,appliestothisacquisition andistailoredinitsentiretyforsimplifiedacquisitions:

Instructions to Offerors—Commercial Products and Commercial Services (Nov 2021)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition is specified elsewhere in this solicitation.  However, the small business size standard for a concern which submits a quotation in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of quotations. Submit quotations to the office specified in this solicitation at or before the exact time specified in this solicitation. Quotations may be submitted on letterhead stationery, or as otherwise specified in the solicitation. As a minimum, quotations must show-

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of quotations;

(3) The name, address, and telephone number of the quoter;

(4) A technical description of the items being quoted in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) “Remit to” address, if different than mailing address;

(8) 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 quoter shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the quotation is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Quotations that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 90 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of quotations. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender’s request and expense, unless they are destroyed during testing.

(e) Multiple quotations. Quoters are encouraged to submit multiple quotations presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each quotation submitted will be evaluated separately.

(f) Late submissions.

(1) Quoters are responsible for submitting quotations so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 2:00 P.M., local time, for the designated Government office on the date that quotations are due.

(2) Any quotation received at the Government office designated in the solicitation after the exact time specified for receipt of quotations is late and will not be considered unless it is received before purchase order issuance and the Contracting Officer determines that accepting the late quotation would not unduly delay the acquisition.

(3) If an emergency or unanticipated event interrupts normal Government processes so that quotations cannot be received at the Government office designated for receipt of quotations by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of quotations will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(g) Issuance of purchase order. Quotations should contain the quoter’s best technical and price terms. The Contracting Officer may reject any or all quotations. The Contracting Officer may issue a purchase order to other than the quoter with the lowest priced quotation. After the evaluation of quotations, the Contracting Officer may negotiate final terms with one or more quoters of the Government’s choice before issuing any purchase order. The Contracting Officer will not negotiate with any quoters other than those of the Government’s choice and will not use the formal source selection procedures described in FAR part 15.

(h) Multiple purchase orders. The Government may issue a purchase order for any item or group of items of a quotation, unless the quoter qualifies the quotation by specific limitations. Unless otherwise provided in the Schedule, quotations may not be submitted for quantities less than those specified. The Government reserves the right to issue a purchase order for a quantity less than the quantity quoted, at the unit prices quoted, unless the quoter specifies otherwise in the quotation.

(i) Availability of requirements documents cited in the solicitation.  If the descriptions in this RFQ of the products or services we want to buy refer to any Government specification, standard, or commercial item description, you may obtain a copy of any such documents from the places listed in the full text version of FAR Clause 52.212-1, paragraph (i). 

(j) Unique entity identifier. (Applies to all offers that exceed the micro-purchase threshold, and offers at or below the micro-purchase threshold if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart  32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) Requests for information. The contracting officer will not notify unsuccessful quoters that responded to this solicitation. Quoters may request information on purchase order(s) resulting from this solicitation from the contracting officer.

The provision FAR 52.212-2 Evaluation of Commercial Items is not applicable to this solicitation. In lieu of this provision, quotes will be evaluated in accordance with FAR 13.106-2 based on the criteria listed below. The evaluation factors below are the mandatory minimum requirement for eligibility for evaluation. Failure to comply with the requirement may lead to outright rejection of the quote.

Evaluation Criteria

The government anticipates selecting the best suited contractor from initial responses, without engaging in exchanges with contractors. Contractors are strongly encouraged to submit their best technical solutions and price in response to this RFQ.

Once the government determines the contractor that is the best-suited (i.e., the apparent successful contractor), the government reserves the right to communicate with only that contractor to address any remaining issues, if necessary, and finalize a contract with that contractor. These issues may include technical and price. If the parties cannot successfully address any remaining issues, as determined pertinent at the sole discretion of the government, the government reserves the right to communicate with the next best-suited contractor based on the original analysis and address any remaining issues.

The Government will select the quote that is most advantageous to the Government based on the following factors:

1. 1. Technical
   2. Past Performance
   3. Price

Technical:

Demonstrate relevant experience in 1) Aerial Mosquito Larvicide Treatment and 2) Aerial Mosquito Adulticide Treatment.

Technical Evaluation Criteria 1- Aerial Mosquito Larvicide Treatment:

Offeror should provide three examples of aerial mosquito treatments within the last five (5) years immediately preceding the date of this RFQ involving application of biological mosquito treatment products (e.g., Bacillus thuringiensis (Bti) larvicide) covering an area of at least 250 acres. Offeror should include a brief description of each project with the customer’s name, timeliness of performance, type of work, acreage of treatment, dollar value of the project, and whether the offeror acted as the prime contractor or sub-contractor.

Technical Evaluation Criteria 2- Aerial Mosquito Adulticide Treatment:

Offeror should provide three examples of aerial mosquito treatments within the last five years involving the aerial application of Undiluted Naled (Trumpet EC) adulticide covering an area of at least 3,300 acres. Offeror should include a brief description of each project with the customer’s name, timeliness of performance, type of work, acreage of treatment, dollar value of the project, and whether the offeror acted as the prime contractor or sub-contractor.

Page Limitation: The narrative shall not exceed ten (10) page limit.

PastPerformance:

Past performance will be evaluated in accordance with FAR 13.106-2(b)(3).

Price:

The contractor shall provide pricing as requested in Enclosure 1 –Schedule of Services, along with other than certified cost/pricing data with their quote to support the price.  The contractor’s price shall represent the best price in response to the request for quote.  The price shall be evaluated to determine fairness and reasonableness.  Additional detailed information may be required to determine  price reasonableness.

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).
 

Offerors must exercise reasonable care to ensure that its proposed pricing submitted in Enclosure 1 Schedule of Services, and related attachments is clerically and mathematically accurate. Offerors are further cautioned to avoid inserting values in fields that have embedded formulas. The Government will employ he following rules to address any errors or discrepancies noted in the offerors’ pricing:

Offerors shall enter rates and other unit prices rounded to two (2) decimal places only. If an offeror does not round to two (2) decimal places, the Government will round the labor rates to two (2) decimal places and the rounded prices will be used for evaluation purposes.

In the event the Government observes a mathematical inconsistency between the “Average of Rates” and the extended “Rate Total,” the Government will resolve the conflict by re-calculating the Rate Total using the “Average of Rates”

The provision at 52.212-3, Offeror Representations and Certifications – Commercial Products and Commercial Services, applies to this acquisition.

The clause at 52.212-4, Contract Terms and Conditions – Commercial Items, applies to       this acquisition and includes the following addenda:

(c) Changes –

(1) The Contracting Officer may at any time, by written order, and without notice to the sureties, if    any, make changes within the general scope of this contract in any one or more of the following:

     (a)  Description of Services to performed        

     (b)  Time of Performance (i.e. hours of the day, days of the week, etc.)

     (c)  Place of performance of the service

    (2) If any such change causes an increase or decrease in the cost of, or the time required for,           performance of any part of the work under this contract, whether or not changed by the order, the Contracting Officer shall make an equitable adjustment in the contract price, the delivery schedule, or both, and shall modify the contract.

    (3) The Contractor must assert its right to an adjustment under this clause within 30 days from the  date of receipt of the written order. However, if the Contracting Officer decides that the facts justify it, the Contracting Officer may receive and act upon a proposal submitted before final payment of the contract.

   (4) If the Contractor’s proposal includes the cost of property made obsolete or excess by the change, the Contracting Officer shall have the right to prescribe the manner of the disposition of the property.

    (5) Failure to agree to any adjustment shall be a dispute under the Disputes clause. However, nothing in this clause shall excuse the Contractor from proceeding with the contract as changed.

(End of FAR 52.212-4 Addendum)

The clause at 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services, applies to this acquisition and the additional FAR clauses cited are applicable to the acquisition:

(b)  The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

(8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) ( 31 U.S.C. 6101 note).

(14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) ( 15 U.S.C. 644).

(22) (i) 52.219-28, Post Award Small Business Program Rerepresentation  (OCT 2022) (15 U.S.C. 637(d)(4)).

(27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

(29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

(31) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212).

(32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) ( 29 U.S.C. 793).

(33) 52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212).

(35) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) ( 22 U.S.C. chapter 78 and E.O. 13627).

(44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

(48) 52.225-1, Buy American-Supplies (Nov 2021) ( 41 U.S.C. chapter 83).

(51) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) ( 31 U.S.C. 3332).

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.222-41, Service Contract Labor Standards (Aug 2018)  (41 U.S.C. chapter67).

(2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67.)

(7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

 (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).

(End of clause)

The following FAR Clauses have been added by reference:

(1) 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts (Sept 2013)

(2) 52.223-17, Affirmative Procurement of EPA-designated Items in Service and Construction Contracts (Aug 2018)

(3) 252.203-7000, Requirements Relating to Compensation of Former DOD Officials (Sep 2011)

(4) 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting (Dec 2019)

(5) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports (Dec 2018)

(6) 252.232-7010, Levies on Contract Payments (Dec 2006)

The following DFAR Provisions have been added by reference:

(1) 252.203-7005, Representation Relating to Compensation of Former DoD Officials (NOV 2011)

(2) 252.204-7008, Compliance with Safeguarding Covered Defense Information Controls (OCT 2016)

(3) 252.204-7016, Covered Defense Telecommunications Equipment or Services— Representation (DEC 2019)

(4) 252.204-7017, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services—Representation (DEC 2019)

(5) 252.215-7013, Supplies and Services Provided by Nontraditional Defense Contractors  (JAN 2018)

The following Provisions have been added by reference:

(1) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (SEP 2007)

(2) 52.217-5, Evaluation of Options (JUL 1990)

(3) 52.219-1, Small Business Program Representations--Alternate I (SEP 2015)

(4) 52.223-1, Biobased Product Certification (May 2012)

(5) 52.225-4, Buy American—Free Trade Agreements-Israeli Trade Act Certificate--Alternate I (OCT 2022)

(6) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications (JUN 2020)

Full Text Provisions

52.252-1  Solicitation Provisions Incorporated by Reference

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 contractor is cautioned that the listed provisions may include blocks that must be completed by the contractor and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the contractor 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 address: http://acquisition.gov/far/index.html.

52.204-24  Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021)

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

(a) Definitions. As used in this provision—

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

(b) Prohibition.

 (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

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

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

           (2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

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

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

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

      (d) Representation. 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

  (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) 

(1) Representation. 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.

Full Text Clauses

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021)

1. Definitions. As used in this clause

"Backhaul" means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

"Covered foreign country" means The People's Republic of China. "Covered
telecommunications equipment or services" means
 

1. Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

1. For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

1. Telecommunications or video surveillance services provided by such entities or using such equipment; or

1. Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

"Critical technology" means

1. Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

1. Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled
   1. Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or
   2. For reasons relating to regional stability or surreptitious listening;

1. Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

1. Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

1. Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

1. Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of2018 (50 U.S.C. 4817).

"Interconnection arrangements" means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

"Reasonable inquiry" means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

"Roaming" means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

"Substantial or essential component" means any component necessary for the proper function or performance of a piece of equipment, system, or service.

1. Prohibition.

1. 1. Section 889(a)(l)(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. The Contractor is prohibited from providing to the Government 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, unless an exception at paragraph (c) of this clause

applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

1. 1. Section 889(a)(l)(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, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4 .2104. 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.

1. Exceptions. This clause does not prohibit contractors from providing

1. 1. A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

1. 1. Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

1. Reporting requirement.

1. 1. In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause in writing via email to the Contracting Officer, Contracting Officer's Representative, and the Network Operations Security Center (NOSC) at NDAA Incidents@hg.dhs.gov, with required information in the body of the email. In the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the NOSC, Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) and Contracting Officer's Representative(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

1. 1. The Contractor shall report the following information pursuant to paragraph (d)(l) of this clause
      1. Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.
      2. Within 10 business days of submitting the information in paragraph ( d)(2)(i) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

1. Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph ( e) and excluding paragraph (b )(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

52.204-27 Prohibition on a ByteDance Covered Application (June 2023)

(a) Definitions. As used in this clause—

Covered application means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited.

Information technology, as defined in 40 U.S.C. 11101(6)—

(1) Means any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency that requires the use—

(i) Of that equipment; or

(ii) Of that equipment to a significant extent in the performance of a service or the furnishing of a product;

(2) Includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources; but

(3) Does not include any equipment acquired by a Federal contractor incidental to a Federal contract.

(b) Prohibition. Section 102 of Division R of the Consolidated Appropriations Act, 2023 (Pub. L. 117-328), the No TikTok on Government Devices Act, and its implementing guidance under Office of Management and Budget (OMB) Memorandum M-23-13, dated February 27, 2023, “No TikTok on Government Devices” Implementation Guidance, collectively prohibit the presence or use of a covered application on executive agency information technology, including certain equipment used by Federal contractors. The Contractor is prohibited from having or using a covered application on any information technology owned or managed by the Government, or on any information technology used or provided by the Contractor under this contract, including equipment provided by the Contractor’s employees; however, this prohibition does not apply if the Contracting Officer provides written notification to the Contractor that an exception has been granted in accordance with OMB Memorandum M-23-13.

(c) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts, including subcontracts for the acquisition of commercial products or commercial services.

1. 1. 1.       Option to Extend the Term of the Contract (Mar 2000)

1. The Government may extend the term of this contract by written notice to the Contractor within 30 calendar days prior to expiration of the contract; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 35 days before the contract expires. The preliminary notice does  not commit the Government to an extension.

1. If the Government exercises this option, the extended contract shall be considered to include this option clause.

1. The total duration of this contract, including the exercise of any options under this clause, shall not exceed 36 months.

52.232-40  Providing Accelerated Payments to Small Business Subcontractors  (MAR 2023)

(a)(l) In accordance with 31 U.S.C. 3903 and 10 U.S.C. 2307, upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract in accordance with the accelerated payment date established, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, with a goal of 15 days after receipt of a proper invoice and all other required documentation from the small business subcontractor if a specific payment date is not established by contract.

1. 1. The Contractor agrees to make such payments to its small business subcontractors without any further consideration from or fees charged to the subcontractor.
   2. The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.
2. Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items.

52.252-6  Authorized Deviations in Clauses

1. The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

52.252-2  Clauses Incorporated by Reference

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 the clause may be accessed electronically at Internet address:

http://acquisition.gov/far/index.html.

Contract Administration

Invoice Payment Instructions

1. 1. 1. WHEN TO SUBMIT: The contractor must first:

     (1) Receive a fully executed contract

        (2) Provide the requirements, and

   (3) Have ACTIVE status in the System for Award Management (SAM) at https://www.sam.gov

1. 1. 1. INVOICE CONTENT: Each invoice must contain the following information:

     (1) Invoice Date

     (2) Invoice Number

     (3) Contract Number

        (4) Contractor’s Name

        (5) Contractor’s Address

        (6) Contractor’s UEI

        (7) Contracting Officer’s Name

        (8) Contracting Officer’s Representative’s (COR’s) Name

        (9) Period of Performance for Work Invoiced

(10) Contract Line Item Number(s) (CLIN(s)) and Description (if applicable)

(11) CLIN units for the period (if applicable), CLIN rate (if applicable), CLIN Total (if applicable)

(12) For Travel: Components in accordance with FAR 31.205-46 (if applicable)

(13) Invoice Total

(14) Discount Offerings

(15) Status as a Small Business (if applicable) for accelerated payment

(16) The last invoice submitted for this award must be clearly labeled with “FINAL INVOICE.”

(17) NOTE: A request for payment is proper if it includes the items required by the clause at FAR 52.232-25, Prompt Payment [(a)(3)(i) through (a)(3)(ix), with common items captured in the list above] and those items are accurate. If a request for payment does not include all the items required by the clause at FAR 52.232-25, Prompt Payment, or any information is inaccurate, then the request is not proper and will be returned to the contractor with a statement of the reason(s) it is not proper.

1. 1. 1. HOW TO SUBMIT:

(1) INVOICES SHALL BE SENT TO THE FOLLOWING:

Invoices will be sent via email to the Contracting Officer Representative (COR) niklas.u.hallgberg@usace.army.mil. All payments under the terms of the contract will be made to the prospective contractor via electronic funds transfer by the USACE Finance Center, 5722 Integrity Drive, Millington, Tennessee 38054-5005.

1. 1. 1. PROMPT PAYMENT INFORMATION: In accordance with the Prompt Payment Act, for the purposes of determining a payment due date and the date on which interest will begin to accrue if a payment is late, a proper invoice date is:
         1. On the later of:
            1. For invoices that are mailed, the date a proper invoice is actually received by the designated billing office and annotates the invoice with date of receipt at the time of receipt.
            2. For invoices electronically transmitted by the contractor via web-based submission, the date a transmission is received by the designated billing office, and receipt confirmation is provided to the designated recipient; or
            3. The seventh day after the date on which the property is actually delivered or performance of the services is actually completed; unless—
   2. The agency has actually accepted the property or services before the seventh day in which case the acceptance date must substitute for the seventh day after the delivery date; or
   3. A longer acceptance period is specified in the contract, in which case the date of actual acceptance or the date on which such longer acceptance period ends must substitute for the seventh day after the delivery date.
      1. 1. On the date placed on the invoice by the contractor, when the agency fails to annotate the invoice with date of receipt of the invoice at the time of receipt (such invoice must be a proper invoice); or
         2. On the date of delivery, when the contract specifies that the delivery ticket may serve as an invoice.
         3. Web-based submission by the contractor and receipt confirmation does not reflect Government review or acceptance of the invoice.
      2. Failure to follow any of these instructions will result in invoice rejection.

Contractor Performance Assessment Report System (CPARS)

1. GENERAL: The U.S. Army Corps of Engineers will monitor and evaluate the successful contractors past performance of this contract and prepare a Contractor Performance Assessment Report (CPAR) in accordance with FAR Part 42.1502. All information contained in this assessment may be used, within the limitations of FAR 42.1502, by the government for future source selections and in accordance with FAR 15.304, when past performance is an evaluation factor for award.
2. NOTIFICATION: Upon completion of the contract, the contractor will be notified of the assessment. The contractor will be allowed 60 days to respond to the assessment of its performance entered into CPARS. The contractor’s response, if any, will be made part of the CPAR system.
3. INFORMATION: Information included in the CPAR may include, but is not limited to, the contractor’s record of conforming to contract requirements and to standards of good workmanship; the contractor’s record of forecasting and controlling costs; the contractor’s adherence to contract schedules, including the administrative aspects of performance; the contractor’s history of reasonable and cooperative behavior and commitment to customer satisfaction; the contractor’s record of integrity and business ethics, and generally, the contractor’s business-like concern for the interest of the customer.
4. RELEASE OF DATA: CPARS information is considered business sensitive and will not be released except: (1) to other Federal procurement activities which request it; (2) when   U.S. Army Corps of Engineers must release pursuant to a Freedom of Information Act (FOIA) request; or (3) when prior written consent is requested and obtained from the contractor.