Directional Spectra Wave Generator (DSWG)

****Closing Date is hereby extended one week to 19 July 2021, 2:30 P.M./CST.  Revised DOR Posted, Pictures Posted and Questions and Answers Posted.****

________________________________________________________________________________________________________

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

Competitive quotes are being requested under W912HZ21Q4594. The associated North American Industry Classification System (NACIS) code for the procurement is 335312 (Motor and Generator Manufacturing) and the Small Business size standard of 1,250 employees. The US Army Corps of Engineers, Engineer Research and Development Center has a requirement for the purchase of a Directional Spectra Wave Generator (DSWG) with active absorption for an existing basin, measuring 28-m (92-ft) wide, 50-m (164-ft) long (could be expanded to 80-m (262 ft) in the future), and 1.4-m (4.6-ft) deep. This multi-element wave system is to replace a system of four antiquated, unidirectional wave generators that lack wave absorption and modern wave generation capability/technologies.

In order to receive an award, all contractors must be registered in the System for Award Management under above NAICS code.

This procurement is being competed as Unrestricted and in accordance with regulations at FAR Part 12, Acquisition of Commercial Items.

This procurement will be awarded as a Firm Fixed Price Contract.

If Terms and Conditions are included with the quote, ONLY include those Terms and Conditions in which you would not be willing to accept an award unless included.  Reference to a link or embedded links to obtain any type of binding terms is Unacceptable.

Only new equipment will be accepted.  All equipment must be warranted and must be supportable by the manufacture.    

***FOB Destination means on site at the ERDC with the awardee’s responsibility to pay and bear all applicable charges incurred up to the point of delivery, including transportation costs; export, import, or other fees or taxes; costs of landing; wharfage costs; customs duties and costs of certificates of origin; consular invoices; and other documents that may be required for importation.***  Applicable Clauses to reference are: 52.247-34 and 52.247-39.

The government intends to make a single award for this requirement – Lowest Price Technically Acceptable. Quotes for less than the required items will not be accepted. The government intends to award without discussions while reserving the right to communicate with offerors if determined advantageous to the government. Offerors are encouraged to provide their best quoted pricing in their initial quote.

FAR Clause 52.212-2 - Evaluation Factors - Commercial Items:

(a) 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:

All quotes submitted will be evaluated for (1) Technical Capability, (2) Past Performance and (3) Price.

Price - The government will issue an award to the offeror whose quote is the Lowest Price of those determined to meet at least the minimum requirements to be determined Technically Capable.  Offeror's are encouraged to propose their best price. The Government will evaluate offers for award purposed based off the bottom line total inclusive of any options if applicable.    

Technical Capability is defined as the documented capability to meet the minimum requirements of the project as specified in this solicitation and the specification (Description of Requirement (DOR)).  The Offeror’s quote should clearly outline the Offeror’s capability to meet the requirement of the DOR.

Past Performance - To demonstrate satisfactory past performance the Offeror shall provide documentation of satisfactory performance on past or current contracts of a similar type, size, scope and complexity, performed within the last three (3) years including references, with names and contact information (phone number and email address) of the references who can verify such past performance. Past performance information of key personnel may be provided if the company has limited or no past performance. In the case of an Offeror without a record of relevant past performance or for whom information on past performance is not available, the Offeror shall supply a certified statement with their offer that no past performance information is available. The Government's approach to evaluating past performance is to check the references provided by the contractor to verify satisfactory past performance as well as data obtained from other sources available i.e. government database, past contract files, etc. The Offeror is cautioned that while the Government will consider data from other sources, the burden of demonstrating satisfactory past performance rests with the Offeror.

It is not the intent of the government to enter into negotiations.  It is incumbent upon the offeror to submit sufficient documentation and information for the Government to determine technical capability and quoted price. Failure to submit sufficient information for the government to determine technical capability and quoted price may be cause for rejection of your quote.  An award will be made on the basis of the lowest evaluated price, including options if applicable (IAW 52.212-2(b)), of quotes meeting or exceeding the acceptability standards for non-cost factors.

Before a complete evaluation of your quote can be made offerors must provide "Offeror Representations and Certifications" for their company. The preferred method for providing Reps & Certs is to include this information in your SAM registration. Offerors who do not include their Reps & Certs in their SAM registration must print, complete, and include FAR Clause 52.212-3 Alt I, Offeror Representations and Certifications - with their quote package.

In addition to complying with the requirements outlined in FAR Part 22.13, FAR Provision 52.222‐38, FAR Clause 52.222‐35, FAR Clause 52.222‐37, DFARS 222.13 and Department of Labor regulations, U.S. Army Corps of Engineers (USACE) contractors and subcontractors at all tiers are encouraged to promote the training and employment of U.S. veterans while performing under a USACE contract. While no set‐aside, evaluation preference, or incentive applies to the solicitation or performance under the resultant contract, USACE contractors are encouraged to seek out highly qualified veterans to perform services under this contract. The following resources are available to assist USACE contractors in their outreach efforts:

Federal Veteran employment information at http://www.fedshirevets.gov/index.aspx

Department of Labor Veterans Employment Assistance http://www.dol.gov/vets/

Department of Veterans Affairs–VOW to Hire Heros Act http://benefits.va.gov/vow/

Army Wounded Warrior Program – http://wtc.army.mil/modules/employers/index.html

U.S. Chamber of Commerce Foundation–Hiring Our Heros http://www.hiringourheroes.org/

Guide to Hiring Veterans – Reference Material http://www.whitehouse.gov/sites/default/files/docs/white_house_business_council_-

_guide_to_hiring_veterans_0.pdf

National Industries for the Blind (NIB) will allow contractors to a federal agency who are not an authorized distributor/dealer or partner to buy for use on their service contract or on behalf of the government mandatory use items (AB1 products/items) with the issuance of a quote mark Letter of Authorization quote mark . They can procure the items from our e-Commerce site (www.AbilityOne.com) or work through a distributor/local dealer from the AbilityOne list provided under Janitorial (List available from www.AbilityOne.gov/distributors).

In accordance with the specifications provided, award shall be made to the responsible offeror whose quote is determined to be the Lowest Price Technically Acceptable.

This solicitation document incorporates provisions and clauses in effect through Federal Acquisition Circular 2005-88 (05/16/2016) and Defense Federal Acquisition Regulation Supplement (DFARS), DPN 20160630, (06/30/2016). It is the responsibility of the contractor to be familiar with the applicable clauses and provisions. The clauses can be accessed in full text at www.acquisition.gov/content/regulations.

Section E, Inspection and Acceptance

52.246-2, Inspection Of Supplies--Fixed Price

Section F, Deliveries or Performance

52.247-34, F.O.B. Destination

Section G, Contract Administration Data

252.232-7003, Electronic Submission of Payment Requests and Receiving Reports

Section I, Contract Clauses

52.203-3, Gratuities

52.203-12, Limitation on Payment to Influence Certain Federal Transactions

52.204-13, System for Award Management Maintenance

52.204-16, Commercial and Government Entity Code Reporting

52.204-18, Commercial and Government Entity Code Maintenance

52.204-19, Incorporation by Reference of Representations and Certifications

52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities

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

52.212-4, Contract Terms and Conditions Commercial

52.219-28, Post Award Small Business Program Rerepresentation

52.225-2, Buy American Certificate

52.232-8, Discounts for Prompt Payment

52.232-18, Availability of Funds

52.232-23, Assignment of Claims, Alt I

52.232-39, Unenforceability of Unauthorized Obligations

52.232-40, Providing Accelerated Payments to Small Business Subcontractors

52.233-3, Protest after Award

52.247-39. F.o.b. Inland Point, Country of Importation

52.252-2, Clauses Incorporated by Reference

52.253-1, Computer Generated Forms

252.203-7000, Requirements Relating to Compensation of Former DoD Officials

252.204-7003, Control Of Government Personnel Work Product

252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting

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

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

252.204-7020, NIST SP 800-171 DoD Assessment Requirements

252.211-7003, Item Unique Identification and Valuation

252.211-7008, Use of Government-Assigned Serial Numbers

252.223-7008, Prohibition of Hexavalent Chromium

252.225-7001, Buy American Act and Balance of Payments Program

252.225-7002, Qualifying Country Sources as Subcontractors

252.225-7012, Preference for Certain Domestic Commodities

252.225-7048, Export-Controlled Items

252.232-7010, Levies on Contract Payments

252.232-7017, Accelerating Payments to Small Business Subcontractors—Prohibition on Fees and Consideration

252.243-7001, Pricing of Contract Modifications

252.244-7000, Subcontracts for Commercial Items

252.247-7023 Transportation of Supplies by Sea

252.247-7024 Notification of Transportation of Supplies by Sea

FULL TEXT

52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

           (1) 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)).

           (2) 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).

           (3) 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).

           (4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

           (5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

           (6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-  

           77 and 108-78 ( 19 U.S.C. 3805 note)).

      (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 items:

 _x_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009     

      (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and  

      Reinvestment Act of 2009.)

_x_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub.

     L. 109-282) ( 31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

_x_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Jun 2020) (31 U.S.C. 6101 note).

__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

__ (10) [Reserved].

__ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Mar 2020) (15 U.S.C. 657a).

__ (ii) Alternate I (Mar 2020) of 52.219-3.

_x_ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (Mar 2020) of 52.219-4.

__ (13) [Reserved]

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

__ (ii) Alternate I (Mar 2020) of 52.219-6.

__ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-7.

_x_ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

_x_ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jun 2020) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Nov 2016) of 52.219-9.

                  __ (iii) Alternate II (Nov 2016) of 52.219-9.

                 __ (iv) Alternate III (Jun 2020) of 52.219-9.

                  __ (v) Alternate IV (Jun 2020) of 52.219-9

__ (18) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

                  __ (ii) Alternate I (Mar 2020) of 52.219-13.

__ (19) 52.219-14, Limitations on Subcontracting (Mar 2020) (15 U.S.C. 637(a)(14)).

__ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Mar 2020) (15 U.S.C. 657f).

__ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Nov 2020) (15 U.S.C. 632(a)(2)).

__ (ii) Alternate I (MAR 2020) of 52.219-28.

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Mar 2020) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Mar2020) (15 U.S.C. 637(m)).

__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

__ (26) 52.219-33, Nonmanufacturer Rule (Mar 2020) (15U.S.C. 637(a)(17)).

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

_x_ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan2020) (E.O.13126).

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

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

__ (ii) Alternate I (Feb 1999) of 52.222-26.

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

__ (ii) Alternate I (Jul 2014) of 52.222-35.

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

__ (ii) Alternate I (Jul 2014) of 52.222-36.

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

_x_ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_x_ (35) (i) 52.222-50, Combating Trafficking in Persons (Oct 2020) (22 U.S.C. chapter 78 and E.O. 13627).

__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

__ (36) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

__ (40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Oct 2015) of 52.223-13.

__ (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun2014) of 52.223-14.

__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b).

__ (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-16.

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

__ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

__ (46) 52.223-21, Foams (Jun2016) (E.O. 13693).

__ (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

__ (ii) Alternate I (Jan 2017) of 52.224-3.

_x_ (48) 52.225-1, Buy American-Supplies (Jan2021) (41 U.S.C. chapter 83).

__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Jan 2021)(41 U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

                  __ (ii) Alternate I (Jan 2021) of 52.225-3.

                  __ (iii) Alternate II (Jan 2021) of 52.225-3.

                  __ (iv) Alternate III (Jan 2021) of 52.225-3.

__ (50) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (52) 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. 2302Note).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42 U.S.C. 5150).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150).

__ (55) 52.229-12, Tax on Certain Foreign Procurements (Jun 2020).

__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (57) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

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

__ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (60) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ (61) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

_x_ (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

__ (63) (i) 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).

                  __ (ii) Alternate I (Apr 2003) of 52.247-64.

                  __ (iii) Alternate II (Feb 2006) of 52.247-64.

      (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 items:

 __ (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).

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).

__ (5) 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).

__ (6) 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).

__ (7) 52.222-55, Minimum Wages Under Executive Order 13658 (Nov 2020).

_x_ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).

      (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

           (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

           (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

           (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

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

                (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (41 U.S.C. 3509).

                (ii) 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)).

                (iii) 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).

                (iv) 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).

                (v) 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 the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

                (vii) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).

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

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

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

                (xi) 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.

                (xii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

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

                     (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

                (xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May2014) (41 U.S.C. chapter 67).

                (xv) 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).

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

                (xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Nov 2020).

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

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

                     (B) Alternate I (Jan 2017) of 52.224-3.

                (xx) 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).

                (xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

                (xxii) 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.

           (2) 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)

Section K, Representations and Certifications

52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions

52.204-20, Predecessor of Offeror

52.204-17, Ownership or Control of Offeror

52.204-24, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment

52.204-26, Covered Telecommunications Equipment or Services-Representation

52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law

52.212-3, Alt I, Offeror Representations and Certification - Commercial Items

252.203-7005, Representation Relating to Compensation of Former DoD Officials

252.204-7008, Compliance with Safeguarding Covered Defense Information Controls

252.204-7016, Covered Defense Telecommunications Equipment or Services—Representation

252.204-7017, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services—Representation

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

Section L, Instructions, Conditions, and Notices to Offerors or Respondents

52.204-7, System for Award Management Registration

52.204-16, Commercial and Government Entity Code Reporting

52.209-7, Information Regarding Responsibility Matters

52.212-1, Instructions to Offerors - Commercial Items

252.213-7000, Notice to Prospective Suppliers on Use of Supplier Performance Risk System in Past Performance Evaluations

252.215-7008, Only One Offer

Section M, Evaluation Factors for Award

52.212-2, Evaluation Commercial Items

NOTE: ALL OFFERORS MUST BE REGISTERED IN THE SYSTEM FOR

AWARD MANAGEMENT (SAM) BEFORE BEING ELIGIBLE FOR CONSIDERATION FOR AWARD. Information concerning SAM requirements may be viewed via the internet at www.beta.sam.gov.

Interested parties must include, with their quote, their CAGE code and a completed 52.212-3 Offeror Representations and Certification or state that the offeror has completed Offeror Representations and Certification.

Interested parties may submit quotes for consideration by the Government to stacy.d.thurman@usace.army.mil not later than 19 July 2021, 2:30 P.M./CST. Oral communications are not acceptable in response to this notice. Please reference W912HZ21Q4594/DSWG in all correspondence. 

Offerors should check the sam.gov website often for new solicitations and/or changes (AMENDMENTS) to existing ones.

Any questions shall be emailed to Stacy.D.Thurman@usace.army.mil. It is the interested Offerors' responsibility to check sam.gov for updated information.