12837119R0042_8.28.pdf
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- Lynx Lake Pavement Preservation Federal contract opportunity
- Solicitation number
- 12837119R0042
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12837119R0042 Lynx Lake Pavement
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SOLICITATION, OFFER,
AND AWARD
2. TYPE OF SOLICITATION
6. PROJECT NO. 4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.
PAGE OF PAGES
7. ISSUED BY CODE 8. ADDRESS OFFER TO
SOLICITATION
(Construction, Alteration, or Repair)
1. SOLICITATION NO. 3. DATE ISSUED
IMPORTANT -- The "offer" section on the reverse must be fully completed by offeror.
9.
INFORMATION
a. NAME b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder."
CALL:
FOR
SEALED BID (IFB)
NEGOTIATED (RFP)
964955
SOUTHWESTERN REGION
333 BROADWAY SE
ALBUQUERQUE NM 87102
DAVID WATSON 602.225.5350
1x 08/28/2019
12837119R0042
10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date)
Lynx Lake Pavement Preservation, Bradshaw Ranger District In accordance with FAR
36.204(f), the construction magnitude of this project is estimated between $300,000.00 to $600,000.00.
NAICS: 237310 SIZE STANDARD: $36.5M TOTAL SMALL BUSINESS SET ASIDE
The Contractor shall furnish all supervision, materials, equipment and vehicles, tools, parts, labor, transportation, lodging, and miscellaneous items to crack and fog seal roads and parking areas at the Lynx Lake Recreation Area, with option items for additional pavement repairs, erosion control, and pulverizing and paving Lynx
Lake North Shore road and parking area. All work shall be in accordance with the plans and specifications contained herein.
11. The Contractor shall begin performance
12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?
award, notice to proceed. The performance period is mandatory negotiable. (See ________________________________________________.)
13. ADDITIONAL SOLICITATION REQUIREMENTS:
a. Sealed offers in original and is not required.is, b. An offer guarantee
c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.
(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.
d. Offers providing less than
12b. CALENDAR DAYSYES NO
(If "YES", indicate within how many calendar days after award in Item 12b.)
10 120 calendar days and complete it within ________________ ________________ calendar days after receiving
09/20/2019
NSN 7540-01-155-3212
x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time calendar days for Government acceptance after the date offers are due will not be considered and will be rejected . _________________
STANDARD FORM 1442 (Rev. 4-85)
Prescribed by GSA
FAR(48 CFR) 53.236-1(d)
Responses due: September 20, 2019 by 2:00 PM PT Site Visit: Wednesday, September 4, 2019 at 9:00 AM AZT
17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within ____________________ calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in item 13d. Failure to insert any number means the offeror accepts the minimum in item 13d.)
14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)
16. REMITTANCE ADDRESS (Include only if different than item 14.)
CODE FACILITY CODE
AMOUNTS
18. The offeror agrees to furnish any required performance and payment bonds.
19. ACKNOWLEDGEMENT OF AMENDMENTS
OFFER (Must be fully completed by offeror)
(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)
AMENDMENT NO.
DATE.
20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20b. SIGNATURE 20c. OFFER DATE
AWARD (To be completed by Government)
21. ITEMS ACCEPTED:
22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA
24. SUBMIT INVOICES TO ADDRESS SHOWN IN
(4 copies unless otherwise specified)
ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO
26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY
CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE
(Contractor is required to sign this document and return (Contractor is not required to sign this document.)
Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award.
No further contractual document is necessary.
30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31a. NAME OF CONTRACTING OFFICER (Type or print)
30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. DATE
BY
2PAGE OF
SOUTHWESTERN REGION
333 BROADWAY SE
ALBUQUERQUE NM 87102
DAVID L. WATSON
28. NEGOTIATED AGREEMENT 29. AWARD
Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, copies to issuing office.)
10 U.S.C. 2304(c) 41 U.S.C. 253(c)
STANDARD FORM 1442 (REV. 4-85) BACK
Continued...
ITEM NO.
(A)
SUPPLIES/SERVICES
(B)
QUANTITY
(C)
UNIT
(D)
UNIT PRICE
(E)
AMOUNT
(F)
NAME OF OFFEROR OR CONTRACTOR
3 3
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
12837119R0042
Lynx Lake Pavement Preservation
Delivery: 120 Days After Notice to Proceed
Delivery Location Code: 8191
PRESCOTT NATIONAL FOREST
344 SOUTH CORTEZ
PRESCOTT AZ 86303 US
0001 Lynx Lake Pavement Preservation
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
Sponsored by GSA
FAR (48 CFR) 53.110
PART I – THE SCHEDULE
SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS
SCHEDULE OF ITEMS
B1 – SCHEDULE OF BASE ITEMS
BASE
ITEM # DESCRIPTION OF PROJECT ITEMS UNIT OF
MEASURE
EST.
QTY UNIT PRICE EXTENDED AMOUNT
B1.1 Mobilization and bonding, one-time fee LS 1 $_________ $____________
B2.1 Crack seal Lynx Lake South Shore, Lynx Lake Campground, and Hilltop Campground
TON 9 $_________ $____________
B3.1 Fog seal Lynx Lake South Shore road and parking areas
SY 29578 $_________ $____________
B4.1 Replace asphalt striping at Lynx Lake South shore road and parking areas
LS 1 $_________ $____________
B5.1 Fog Seal Lynx Lake Campground roads and loops
SY 20700 $_________ $____________
B6.1 Replace asphalt striping at Lynx Lake Campground roads and loops
LS 1 $_________ $____________
B7.1 Fog seal Hilltop Campground roads and loops. SY 14300 $_________ $____________
B8.1 Replace asphalt striping at Hilltop Campground roads and loops.
LS 1 $_________ $____________
B9.1 Fog seal Eagle Ridge Campground roads and loops
SY 4348 $_________ $____________
B10.1 Replace asphalt striping at Eagle Ridge Campground roads and loops.
LS 1 $_________ $____________
TOTAL OF ALL BASE ITEMS
O1 – SCHEDULE OF OPTION ITEMS
OPTION
ITEM # DESCRIPTION OF PROJECT ITEMS UNIT OF
MEASURE
EST.
QTY UNIT PRICE EXTENDED AMOUNT
O1.1 HMA edging at Lynx Lake South Shore road LS 1 $_________ $____________
O2.1 HMA edging and patch repair at Lynx Lake Campground
LS 1 $_________ $____________
O3.1 HMA edging at Hilltop Campground LS 1 $_________ $____________
O4.1 Pulverize and replace existing asphalt at Lynx Lake North Shore roads and parking lot
100LF 1 $_________ N/A
TOTAL OF ALL OPTION ITEMS N/A
STATEMENT OF WORK
SECTION C – STATEMENT OF WORK/DESCRIPTIONS
C.1 – GENERAL DESCRIPTION OF WORK
The Contractor shall furnish all supervision, materials, equipment and vehicles, tools, parts, labor, transportation, lodging, and miscellaneous items to crack and fog seal roads and parking areas at the Lynx Lake Recreation Area, with option items for additional pavement repairs, erosion control, and pulverizing and paving Lynx Lake North Shore road and parking area. The project is located on the Bradshaw Ranger District.
All work shall be in accordance with the plans and specifications contained herein. No changes to the specifications, terms, or conditions of this Request For Proposal (RFP) shall be made without the prior approval of the Contracting Officer in writing.
The Government intends to award a contract based on -- LPTA (Lowest Price Technically Acceptable). The offeror that demonstrates that they have technical skill required and lowest price. In order to remain in the competitive range, Offerors (Contractors) shall submit the Return Package with the requirements in Section M, Evaluation Factors.
Reference Section J for Exhibits:
Exhibit 1 – U.S. Department of Labor, Wage Determination Exhibit 2 – Bio-preferred Requirements Exhibit 3 – Drawings Exhibit 4 – Specifications Exhibit 5 – Prescott Average Temperatures Exhibit 6 – Lynx Lake Map Exhibit 7 - Pictures
C.2 – LOCATION OF PROJECT
The project work is located at the Lynx Lake Recreation Area, Prescott, AZ. From the intersection of AZ-69 and Walker Road, continue south on Walker Road 2.2 miles. Lynx Lake Recreation Area is located on the east side of the road.
C.3 – SPECIFIC SCOPE OF WORK
Unless specified, all crack and fog sealing work excludes campsites.
Compaction of subgrade and base materials for asphalt edging work will be done by visual inspection by the Contracting Officer; no formal laboratory or field testing is required. Compaction and asphaltic testing by an independent third-party only apply to option line item O4.1, if it is awarded, and shall be included in the per 100LF pricing.
When aggregate base is designated, Base Grading Designation “D” applies.
Incidental striping to the work includes speed bumps and other minor striped features where striping exists, and shall be incorporated in the total pricing.
All work completed in accordance with the drawings and specifications. For new asphaltic roadway detail, reference Detail 1A. For safety edge with base material and wood post erosion control, reference Detail 2A. For safety edge with base material and riprap, reference Detail 3A. For safety edge only, reference Detail 4A. All details located in Exhibit 3. When the Detain 2A is used, grade the “downstream” end of the wood post with native material or leftover base material from the surrounding area at least two inches above the bottom of the post.
In additional to the required submittals in the submittal registered, submit a temporary traffic control plan in conjunction with the schedule of work, and a pavement marking schedule showing the locations and types of marking in the project area.
When base material is specified in the drawings and specifications, MAG Aggregate Base Course is acceptable per MAG Table 702-1.
C3.1 Base line item B1.1
Mobilization, submittals and bonding, one-time fee.
C3.2 Base line item B2.1
Crack seal Lynx Lake South Shore road and parking areas, Lynx Lake Campground roads and loops, and Hilltop Campground roads and loops, to include host site off of Lynx Lake South Shore road, per TON (TN).
C3.3 Base line item B3.1
Fog seal Lynx Lake South Shore road and parking areas, per SQUARE YARD (SY). This includes the host site off the road.
C3.4 Base line item B4.1
At Lynx Lake South Shore road and parking areas mark existing striping locations and place new striping, approximately four (4) arrows, one-thousand two hundred (1200) LF of double yellow, two-thousand five hundred forty-four (2544) LF of solid white, and twelve (12) handicapped symbols. Unit of measure is LUMP SUM (LS).
C3.5 Base line item B5.1
Fog seal Lynx Lake Campground roads and loops, per SQUARE YARD (SY).
C3.6 Base line item B6.1
At Lynx Lake Campground, mark existing striping locations and place new striping, approximately five (5) arrows and two-thousand five hundred (2500) LF of solid white. Unit of measure is LUMP SUM (LS).
C3.7 Base line item B7.1
Fog seal Hilltop Campground roads and loops, per SQUARE YARD (SY).
C3.8 Base line item B8.1
At Hilltop Campground, mark existing striping locations and place new striping, approximately two thousand five hundred (2500) LF of solid white. Unit of measure is LUMP SUM (LS).
C3.9 Base line item B9.1
Fog seal Eagle Ridge Campground roads and loops, per SQUARE YARD (SY).
C3.10 Base line item B10.1
At Eagle Ridge Campground, mark existing striping locations and place new striping, approximately two thousand six hundred eighteen (2618) LF of solid white. Unit of measure is LUMP SUM (LS).
C3.11 Option line item O1.1
At the following marked locations in Lynx Lake South Shore road:
Place HMA safety edge at a 28-foot section.
Unit of measure is LUMP SUM (LS).
C3.12 Option line item O2.1
At the following marked locations in Lynx Lake Campground:
Place hot-mix asphalt (HMA) safety edge, base material, and wood post erosion control at a 14-foot section (4 posts required) where Trail 305 crosses “A” Loop. Place, grade, and compact Type B MAG Select material (12 cubic yards).
Place HMA safety edge and riprap (5 cubic yards) at a 14-foot section above a culvert.
Place HMA safety edge, base material, and wood post erosion control at a 15-foot section (4 posts required) where Trail 405 crosses “D” Loop. Place, grade, and compact Type B MAG Select material (12 cubic yards).
Place HMA safety edge, base material, and riprap (5 cubic yards) at a 15-foot section.
Place HMA safety edge at a 7-foot section.
Place HMA safety edge, base material, and riprap (6 cubic yards) at a 20-foot section on “F” Loop.
Saw-cut, excavate, and replace with compacted base and HMA, two (2) 3-foot by 3-foot damaged sections on G- Loop and the Lynx Campground Loop, Site 12. There are two (2) cavernous holes at these sections measuring approximately 18 inches from the top of the existing asphalt.
Unit of measure is LUMP SUM (LS).
C3.13 Option line item O3.1
At the following marked locations in Hilltop Campground:
Place HMA safety edge, base material, and wood post erosion control at a 23-foot (6 posts required) and 18-foot (5 posts required) section where Trail 305 crosses “B” Loop. Place, grade, and compact Type B MAG Select material (18 cubic yards and 15 cubic yards, respectively).
Place HMA safety edge at a 25-, 83-, 10-, 14-, 73-, and 20-foot section.
Place HMA safety edge, base material, and wood post erosion control at a 21-foot section (5 posts required) where Trail 305 crosses “C” Loop. Place, grade, and compact Type B MAG Select material (15 cubic yards).
Unit of measure is LUMP SUM (LS).
C3.14 Option line item O4.1
At Lynx Lake North Shore road (NFSR 611), pulverize and compact the existing pavement. Pulverize such that the existing pavement meets subbase requirements as outlined in the specifications. Place and compact two (2) asphaltic 2-inch lifts. If this line item is awarded, compaction testing by an independent third-party agency will be included as outlined in the specifications. Visual inspection will not be permitted. Price also includes replacing striping. Up to 2,000 LF may be awarded in this line item. Road width is 22 feet not including the 12-inch safety edge on both sides per the roadway detail.
Unit of measure is per 100 LINEAR FEET (100LF).
SECTION D – PACKAGING AND MARKING
D1—GENERAL INFORMATION:
See Section J for Exhibits that are incorporated as part of the statement of work:
Reference Section J for Exhibits:
Exhibit 1 – U.S. Department of Labor, Wage Determination Exhibit 2 – Bio-preferred Requirements Exhibit 3 – Drawings Exhibit 4 – Specifications Exhibit 5 – Prescott Average Temperatures Exhibit 6 – Lynx Lake Map Exhibit 7 - Pictures
Technical Capability shall be submitted in the form of a statement or document that demonstrates the contractor’s capability to perform the work to meet or exceed the requirements of this solicitation. In order to meet the Technical Capability Requirements, offers shall address the following factors:
Factor a - tools, equipment, training, and general business practices should be developed in the statement or document to satisfy an evaluation panel that you the contractor has a level of technical capability that meets or exceeds the requirements to perform this work:
• Tools and equipment specifically required for asphaltic pavement, fog seal, and striping work
Factors b - Provide specific information to gain a better understanding of the requirements to install asphaltic pavement, surface treatment and erosion control mitigation measures, that documents and addresses your firm’s experience and capability. You may provide your own drawings, illustrations, documents, or photos to support your capability to perform the work. Specifically address the following:
• Experience with asphaltic paving and surface treatment
Failure to provide adequate information for Technically Capability may result in the offer being removed from the competitive range.
Exhibit 3 – Drawings [1 PAGE, ELECTRONIC ATTACHMENT]
Exhibit 4 – Specifications [40 PAGES, ELECTRONIC ATTACHMENT]
Exhibit 5 – Prescott Average Temperatures [1 PAGE, ELECTRONIC ATTACHMENT]
Exhibit 6 – Lynx Lake Map [1 PAGE, ELECTRONIC ATTACHMENT]
Exhibit 7 – Pictures [2 PAGES, ELECTRONIC ATTACHMENT]
SECTION F – DELIVERIES OR PERFORMANCE
FAR 52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984)
The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives notice-to-proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 120 calendar days from issuance of notice-to-proceed. The time stated for completion shall include final cleanup of the premises.
AGAR 452.236-75 MAXIMUM WORK WEEK – CONSTRUCTION SCHEDULE (NOV 1996)
Within 5 calendar days after receipt of a written request from the Contracting Officer, the Contractor must submit the following information in writing for approval:
(a) A schedule as required by FAR 52.236-15, Schedules for Construction Contracts, and
(b) The hours (including the daily starting and stopping times) and days of the week the Contractor proposed to carry out the work
The maximum workweek shall be Monday through Thursday, 0800 – 1800. Any change in the work schedule shall be approved in writing by the Contracting Officer prior to commencement.
SECTION G – CONTRACT ADMINISTRATIVE DATA
Government Furnished Items:
The Government will provide the following items:
• None
PROVISIONS AND CLAUSES
12837119R0042
Instructions to Offerors
CLAUSES INCORPORATED BY REFERENCE
52.203-18 Prohibition on Contracting With Entities That Require Certain Internal Confidentiality Agreements or Statements-- Representation
JAN 2017
52.204-7 System for Award Management OCT 2018 52.214-3 Amendments To Invitations For Bids DEC 2016 52.214-4 False Statements In Bids APR 1984 52.214-5 Submission Of Bids DEC 2016 52.214-6 Explanation To Prospective Bidders APR 1984 52.214-7 Late Submissions, Modifications, and Withdrawals of Bids NOV 1999 52.214-18 Preparation of Bids-Construction
Contract Award-Sealed Bidding-Construction Submission Of Offers In The English Language Submission Of Offers In U.S. Currency Evaluation Of Options Compliance With Veterans' Employment Reporting Requirements Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications.
Availability Of Funds
APR 1984
52.214-19 AUG 1996
52.214-34 APR 1991
52.214-35 APR 1991
52.217-5 JUL 1990
52.222-38 FEB 2016
52.225-25 AUG 2018
52.232-18 APR 1984
CLAUSES INCORPORATED BY FULL TEXT
52.216-1 TYPE OF CONTRACT (APR 1984)
The Government contemplates award of a Firm Fixed Price contract resulting from this solicitation.
(End of provision)
52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS--SECONDARY SITE OF THE WORK (MAY
2014)
(a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements,of this solicitation.
(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.
(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.
(2) The due date for receipt of offers will not be extended as a result of an offeror's request for a wage determination for a secondary site of the work.
(End of provision)
52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT--CONSTRUCTION MATERIALS (MAY 2014)
ALTERNATE I (MAY 2014)
(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American --Construction Materials” (Federal Acquisition Regulation (FAR) clause 52.225-9).
(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute shall submit the request with its offer, including the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9.
(c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the Buy American Act, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.
(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.
(d) Alternate offers.
(1) When an offer includes foreign construction material not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.
(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.
(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested--
(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or
(ii) May be accepted if revised during negotiations.
(End of provision)
52.228-1 BID GUARANTEE (SEP 1996)
(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.
(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States.
The Contracting Officer will return bid guarantees, other than bid bonds, (1) to unsuccessful bidders as soon as practicable after the opening of bids, and (2) to the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.-
(c) The amount of the bid guarantee shall be Twenty percent (20%) of the bid price or $3,000,000.00, whichever is less.-
(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.-
(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.
(End of provision)
52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995)
(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.
Site visit will be held Wednesday, September 4, 2019 at 0900 AM AZT.
Name: Richard Polanco/Ophelia Goatson-James Address: Lynx Lake Recreation Area, Prescott, AZ.
Telephone: 928-333-6279/928-443-8172
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):
http://farsite.hill.af.mil http://www.acquisition.gov/far
(End of provision)
DISCLOSURE OF MAGNITUDE
Disclosure of Magnitude of Construction (FAR 36.204 ) The estimated price range for this project is between $300,000 and $600,000.
(End) http://farsite.hill.af.mil/ http://www.acquisition.gov/far
Representations and Certifications CLAUSES
INCORPORATED BY REFERENCE
52.203-11 Certification And Disclosure Regarding Payments To Influence Certain Federal Transactions
SEP 2007
52.204-19 Incorporation by Reference of Representations and Certifications.
DEC 2014
252.203-7005 Representation Relating to Compensation of Former DoD Officials
NOV 2011
CLAUSES INCORPORATED BY FULL TEXT
52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (OCT 2018)
(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 237310.
(2) The small business size standard is $36,500,000.
(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.
(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.
(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:
( ) Paragraph (d) applies.
( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.
(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:
(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—
(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;
(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or
(C) The solicitation is for utility services for which rates are set by law or regulation.
(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.
(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation. This provision applies to all solicitations.
(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.
(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—
(A) Are not set aside for small business concerns;
(B) Exceed the simplified acquisition threshold; and
(C) Are for contracts that will be performed in the United States or its outlying areas.
(vi) 52.209-2; Prohibition on Contracting with Inverted Domestic Corporations--Representation.
(vii) 52.209-5; Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.
(viii) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.
(ix) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.
(x) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.
(xi) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.
(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.
(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.
(xii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.
(xiii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.
(xiv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.
(xv) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.
(xvi) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.
(xvii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.
(xviii) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.)
(xix) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.
(xx) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3.
(A) If the acquisition value is less than $25,000, the basic provision applies.
(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.
(C) If the acquisition value is $50,000 or more but is less than $80,317, the provision with its Alternate II applies.
(D) If the acquisition value is $80,317 or more but is less than $100,000, the provision with its Alternate III applies.
(xxi) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225- 5.
(xxii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.
(xxiii) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.
(xxiv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.
(2) The following representations or certifications are applicable as indicated by the Contracting Officer:
X (i) 52.204-17, Ownership or Control of Offeror.
X (ii) 52.204-20, Predecessor of Offeror.
(iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.
(iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.
(v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.
(vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA- Designated Products (Alternate I only).
(vii) 52.227-6, Royalty Information.
(A) Basic.
(B) Alternate I.
(viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.
(d) The Offeror has completed the annual representations and certifications electronically in SAM accessed through https://www.sam.gov. After reviewing the SAM information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [ offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
FAR Clause Title Date Change
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.
(End of provision)
52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS--
REPRESENTATION (NOV 2015)
(a) Definitions. Inverted domestic corporation and subsidiary have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10).
(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.
(c) Representation. The Offeror represents that--
(1) It [ ] is, [ ] is not an inverted domestic corporation; and
(2) It [ ] is, [ ] is not a subsidiary of an inverted domestic corporation.
(End of provision) https://www.sam.gov/
52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015)
(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-
(i) The Offeror and/or any of its Principals-
(A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;
(B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and
(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.;
and
(D) Have , have not , within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.
(1) Federal taxes are considered delinquent if both of the following criteria apply:
(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.
(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.
(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.
(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.
(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.
(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).
(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.
(2) Principal, for the purposes of this certification, 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).
(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.
(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.
(End of provision)
52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)
(a) 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--
(1) The total value of all current, active contracts and grants, including all priced options; and
(2) 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).
(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than $10,000,000.
(c) 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:
(1) 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:
(i) In a criminal proceeding, a conviction.
(ii) 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.
(iii) In an administrative proceeding, a finding of fault and liability that results in--
(A) The payment of a monetary fine or penalty of $5,000 or more; or
(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.
(iv) 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.
(2) 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.
(d) 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 via https://www.sam.gov (see 52.204-7).
(End of provision)
52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A
FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)
(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--
(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or
(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.
(b) The Offeror represents that--
(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and
(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.
(End of provision)
52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (OCT 2014) - ALTERNATE I (SEPT 2015)
(a) Definitions. As used in this provision--
Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business concern eligible under the WOSB Program.
Service-disabled veteran-owned small business concern--
(1) Means a small business concern--
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).
Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and the size standard in paragraph (b) of this provision.
Small disadvantaged business concern, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that--
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--
(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States, and
(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and
(2) The management and daily business operations of which are controlled (as defined at 13 CFR 124.106) by individuals who meet the criteria in paragraphs (1)(i) and (ii) of this definition.
Veteran-owned small business concern means a small business concern--
(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans.
Women-owned small…
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