140G0120Q0073 Solicitation Attachments.pdf
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- REMOVE AND REPLACE AIR HANDLER UNIT (AHU) 4 Federal contract opportunity
- Solicitation number
- 140G0120Q0073
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| 140G0120Q0073-0001_0001.pdf | ||
| Sol_140G0120Q0073.pdf |
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ATTACHMENT A
INSTRUCTION TO CONTRACTORS
Disclosure of Magnitude in accordance with FAR 36.204: Between $100,000 and $250,000
SITE VISIT DETAILS:
Date: Thursday, February 13, 2020 Time: 10:00 AM Central Time Location: U.S. Geological Survey, EROS Center, 47914 252nd Street, Sioux Falls, SD 57198 Meet at: EROS Visitors Lobby
All entering MUST be US Citizens and have a valid Government-issued identification to enter the building. Please arrive at the Visitor’s Lobby at the prescribed time only.
Contractors shall complete and submit the Attachment B security document and a copy of their business license prior to the site visit in order to receive project drawings (if applicable). Any contractor who does not provide the required documents will not be provided drawings.
Drawings or schematics, if applicable, will be provided at the site visit.
All contractors interested in attending the site visit shall send a confirmation email to:
Vicky Williams, vwilliams@usgs.gov
The Site Visit confirmation email shall include:
-Company Name -Number and Names of Attendees -Attachment 1: Completed Security Document -Attachment 2: Copy of Business License
*Prime contractor is responsible for ensuring necessary subcontractors are present during the site visit. *
QUESTIONS:
All questions shall be submitted via email to vwilliams@usgs.gov no later than 12:00 Noon Central Time, Wednesday, March 4, 2020.
*Please select one representative from your company to submit all questions regarding the RFQ*
QUOTATIONS:
A discounted firm-fixed priced quotation and technical quotation package shall be submitted by 12:00 Noon Central Time, Wednesday, March 11, 2020.
Quotations shall be submitted via email to vwilliams@usgs.gov. Faxed or mailed quotations will not be accepted.
mailto:vwilliams@usgs.gov mailto:vwilliams@usgs.gov
Contractor shall supply the USGS with a thorough quotation packages demonstrating how they meet all requirements within the Statement of Work (SOW) and evaluation criteria.
Quotation packages shall be thorough enough to allow the USGS to perform a proper evaluation in accordance with the evaluation criteria below.
The following information must be submitted along with quotations. Failure to submit this information may deem your quotations non-responsive and your quotations may not be considered.
1) Summary breakdown of all firm-fixed price costs associated with the services requested in the SOW
a. Materials
b. Labor (all labor hours, showing price per hour, per labor category, in accordance with Construction Wage Rate Requirements (formerly Davis Bacon Act)
c. Labor Classification(s)
d. Sub-Contract Costs
e. Payment Protection Costs (if any)
f. Any other miscellaneous expenses
2) Federal Tax ID Number (TIN)
3) Business Size Classification
4) Dun & Bradstreet (DUNS) Number
5) Warranty (One year construction warranty)
6) Three (3) References:
a) Government or Commercial
b) Job(s) performed must include the same type of work as described in the SOW and performed within the past two (2) years.
c) Brief description of work, company/agency name, contact name, address, telephone number and email address
Attachment C, General wage decision number SD20200028 dated 01/03/2020, is hereby incorporated into this Request for Quotation (RFQ) and will be incorporated into the resulting purchase order. The wage rates and fringe benefits in the wage decision are mandatory minimums that must be paid by the contractor (or subcontractor) to any employee working under the purchase order that results from this
RFQ.
The Contractor will be required to submit weekly certified payroll reports. The prime contractor is responsible for the submission of certified payrolls by all subcontractors. The certified payroll reports may be submitted on Department of Labor Form WH-347 or equivalent form. See FAR 52.222-6, Construction Wage Rate Requirements.
Basis for Award: The award resulting from this RFQ will be based on lowest price technically acceptable (LPTA) quote. The following factors will be evaluated, listed in no particular order of importance:
• Submittal of a Technically Responsive quote based on the requested information listed in the Statement of Work and Instructions to Contractors: The Contractor shall submit a thorough technical quotation package which will allow the USGS to perform a proper evaluation. The quotation must include the Contractor’s complete proposed approach to the work stated in the SOW. Failure to address items listed within the Statement of Work or Instructions to Contractors may deem your quotation not technically acceptable.
• Specifications of the proposed materials:
The Contractor shall provide the specifications of the materials to be used for construction. The Contractor shall include sufficient evidence that quoted work and materials meet all requirements stated in the SOW.
• Warranty period: The Contractor shall provide a minimum one-year warranty of construction.
• Past Performance: The Contractor shall provide at least three (3) past performance references (government or commercial) for the same type of work as described in the SOW, performed within the past two (2) years. At a minimum, the following shall be submitted for each reference: description of project/work, company/agency work was performed for, point of contact, address, telephone number and email address.
Price Evaluation: Contractors shall submit a discounted open market firm-fixed price quote for the following:
1) Remove and replace Air Handler Unit (AHU) #4
In accordance with FAR subpart 28.1, Bonds and other financial protections, payment protection will be required if the value of the contract is greater than $35,000. The price for bonds (if applicable) shall be included in the Contractor’s firm-fixed price.
(End of Instructions)
STATEMENT OF WORK
Remove and Replace AHU-4
I. DESCRIPTION
The Department of Interior, U.S. Geological Survey, Earth Resources Observation and Science (EROS) Center requires construction services to furnish and install a replacement air handling unit.
II. BACKGROUND
Air handler #4 dual duct air handler unit (AHU) is original to the 1996 building and is deteriorating. The drain pan under the coil is leaking significantly and a crack in the slab and housekeeping pad allows water to leak to the floor below. The intent of this acquisition is to have a turn-key solution to replace the existing unit with a new unit.
III. SCOPE OF WORK
The Contractor shall provide all labor, tools, equipment, hardware and consumables necessary to remove the existing AHU and to furnish and install a new AHU as a fully integrated and functional system. All work shall be accomplished in the Mundt Federal Building located at the EROS Science Center, 47914 252nd Street, Sioux Falls SD 57198. Work hours are Monday to Friday, 7:00 am to 4:30 pm local time.
• Remove and the existing Air Handling Unit (AHU) and remove from EROS property
• Furnish and install new AHU
• Provide controls as specified by the original control sequences
• Commission, test, and balance the unit for the required air-flow and operation
• Repair/seal the crack in the housekeeping pad
• Maintain chilled and condenser water to the entire facility during the contract
• Work shall be accomplished during the Spring or Fall during the ‘shoulder seasons’ in order to keep the space served by this air handler reasonably temperature controlled. Approximate start-date of April 1, 2020; September 1, 2020; or alternate date approved by the Government to minimize down time and impact to building occupants.
AHU requirements:
a. Minimum Efficiency Reporting Value (MERV) 11 filters
b. Two-inch insulation, double-wall construction
c. Access doors at every coil, actuator, etc.
d. Freeze protection at all coils
Record drawings showing original unit size, capacity, etc. will be provided as Appendix A. Appendix A shall serve as a reference and shall be the basis of design for the new air-handler. New AHU shall match existing operation and capacity. Contractor shall take field measurements and verify information provided in Appendix A. Basis of design for the control sequence shall be used from the prints in Appendix A. IE, outside air minimum to be set at 10% vs 15% and will be field adjusted. Condenser water heat recovery coil shall be sized with 90°F water and not sized based on the original water temperature shown on the drawing.
The USGS-EROS requires a “turnkey” solution for this project. The Contractor shall furnish, fabricate, install, and test a complete and operational air handler including components, appurtenances, wiring, conduit, and accessories. All material shall be new. Ductwork transitions shall be new from the air handler to the nearest ductwork flange. Water piping shall be replaced with new from the unit to the nearest control valve. Duct insulation shall be new from the floor to the new air handling unit.
Period of Performance: 120 days after Notice to Proceed, with a maximum conditioned air downtime of five (5) calendar days.
IV. MATERIAL TO BE PROVIDED BY THE USGS
The USGS shall provide the Contractor with copies of existing EROS record drawings and other available related material.
V. MATERIALS
A. General
1. All materials and equipment shall be listed, labeled or certified by a nationally recognized testing laboratory to meet Underwriters Laboratories, Inc. (UL) standards.
2. Manufacturer shall regularly and presently produce, as one of their principal products, the equipment and material specified for this project, and shall have manufactured the item for at least three (3) years.
3. Materials and equipment shall be of current production by manufacturers regularly engaged in manufacture of such items, for which replacement parts shall be available.
4. When more than one unit of the same class or type of equipment is required, such unit shall be the product of a single manufacturer. Components of an assembled unit need not be products of the same manufacturer.
5. Manufacturers of equipment assemblies, which include components made by others, shall assume complete responsibility for the final assembled unit.
6. Components shall be compatible with each other and with the total assembly for the intended service.
VI. INSTALLATION SERVICES
A. Removal and Demolition. Demolished/defunct components shall be removed from the site by the Contractor.
B. Installation. Installation shall be in accordance with NFPA 70, National Electric Code (NEC), OSHA Part 1910, and all Federal, State, and Local requirements.
VII. POST INSTALLATION SERVICES
A. Redlined drawings: Upon completion of construction, Contractor shall provide marked-up drawings of actual installation for use by EROS in producing record drawings.
B. Tests: After completion of the installation, Contractor shall test entire system. The installation and method of testing shall be approved by the Government. The test report and/or certification shall be submitted to the COR for approval.
C. Training: Upon completion of the installation, test, etc., the Contractor shall provide instruction in the operation of the system.
D. Manuals: Contractor shall provide two (2) Operation, Instruction, and Maintenance Manuals to the COR upon completion of installation.
(END OF STATEMENT OF WORK)
PROVISIONS
52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998)
This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): https://www.acquisition.gov/browse/index/far
(End of provision)
52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (Sep 2007) 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation (Jan 2017) 52.204-05 Women-Owned Business (Other Than Small Business) (Oct 2014) 52.204-06 Unique Entity Identifier (Oct 2016) 52.204-07 System for Award Management (Oct 2018) 52.204-16 Commercial and Government Entity Code Reporting (Jul 2016) 52.204-17 Ownership or Control of Offeror (Jul 2016) 52.204-22 Alternative Line Item Proposal (Jan 2017) 52.209-02 Prohibition on Contracting with Inverted Domestic Corporations-Representation (Nov 2015) 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction (Feb 1999) 52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals- Representation (Dec 2016) 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications (Aug 2018) 52.228-01 Bid Guarantee (Sep 1996)
52.204-8 Annual Representations and Certifications (Jan 2020)
(a) (1) The North American Industry Classification System (NAICS) code for this acquisition is 238220, Plumbing, Heating, and Air-Conditioning Contractors.
(2) The small business size standard is $16.5 million.
(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.
https://www.acquisition.gov/browse/index/far
(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:
(i) □ Paragraph (d) applies.
(ii) □ 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) 52.204-26, Covered Telecommunications Equipment or Services-Representation. This provision applies to all solicitations.
(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations- Representation.
(viii) 52.209-5, CertificationRegarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.
(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.
(x) 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.
(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.
(xii) 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.
(xiii) 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.
(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.
(xv) 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.
(xvi) 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.
(xvii) 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.
(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA–designated items.
(xix) 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.)
(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.
(xxi) 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 $83,099, the provision with its Alternate II applies.
(D) If the acquisition value is $83,099 or more but is less than $100,000, the provision with its Alternate III applies.
(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.
(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan- Certification. This provision applies to all solicitations.
(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications. This provision applies to all solicitations.
(xxv) 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:
[Contracting Officer check as appropriate.]
X (i) 52.204-17, Ownership or Control of Offeror.
__ (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 website 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.
52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Dec 2019)
The Offeror shall not complete the representation in 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 the provision at 52.204-26, Covered Telecommunications Equipment or Services- Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items.
(a) Definitions. As used in this provision—
“Covered telecommunications equipment or services”, “critical technology”, and “substantial or essential component” have the meanings provided in clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.
Contractors are not prohibited from providing—
(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(2) 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.
(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 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.
(e) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it “will” provide covered telecommunications equipment or services”, the Offeror shall provide the following information as part of the offer—
(1) A description of all covered telecommunications equipment and services offered (include brand; model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);
(2) Explanation of the proposed use of covered telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b) of this provision;
(3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known);
and
(4) For equipment, the entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).
(End of provision)
52.204-26 Covered Telecommunications Equipment or Services-Representation (Dec 2019)
(a) Definitions. As used in this provision, “covered telecommunications equipment or services” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(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) 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.
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.
52.219-1 Small Business Program Representations (Oct 2014)
(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 business concern” means a small business concern-
(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and
(2) Whose management and daily business operations are controlled by one or more women.
“Women-owned small business (WOSB) concern eligible under the WOSB Program” (in accordance with 13 CFR part 127), 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.
(b) (1) The North American Industry Classification System (NAICS) code for this acquisition is– 238220, Plumbing, Heating, and Air-Conditioning Contractors.
(2) The small business size standard is $16.5 million.
(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.
(c) Representations. (1) The offeror represents as part of its offer that it □is, □is not a small business concern.
(2) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is, □ is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.
(3) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it □ is, □ is not a women-owned small business concern.
(4) Women-owned small business (WOSB) concern eligible under the WOSB Program.
[Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(3) of this provision.] The offeror represents as part of its offer that-
(i) It □ is, □ is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(4)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.
(5) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a women-owned small business concern eligible under the WOSB Program in (c)(4) of this provision.] The offeror represents as part of its offer that-
(i) It □is, □is not an EDWOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It □is, □is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(5)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.
(6) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it is, is not a veteran-owned small business concern.
(7) [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(6) of this provision.] The offeror represents as part of its offer that it is, is not a service-disabled veteran-owned small business concern.
(8) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that-
(i) It □is, □is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and
(ii) It □is, □is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(8)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: ________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.
(d) Notice. (1) If this solicitation is for supplies and has been set aside, in whole or in part, for small business concerns, then the clause in this solicitation providing notice of the set-aside contains restrictions on the source of the end items to be furnished.
(2) Under 15 U.S.C.645(d), any person who misrepresents a firm’s status as a business concern that is small, HUBZone small, small disadvantaged, service-disabled veteran-owned small, economically disadvantaged women-owned small, or women-owned small eligible under the WOSB Program in order to obtain a contract to be awarded under the preference programs established pursuant to section 8, 9, 15, 31, and 36 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, shall-
(i) Be punished by imposition of fine, imprisonment, or both;
(ii) Be subject to administrative remedies, including suspension and debarment; and
(iii) Be ineligible for participation in programs conducted under the authority of the Act.
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.
52.222-22 Previous Contracts and Compliance Reports (Feb 1999)
The offeror represents that-
It □has, □has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation;
It □has, □has not filed all required compliance reports; and
Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained before subcontract awards.
52.225-10 Notice of Buy American Requirement-Construction Materials (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 should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.
(c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, 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)
52.236-27 Site Visit (Construction) (Feb 1995) with Alternate I (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.
(b) An organized site visit has been scheduled for-
Thursday, February 13, 2020 at 10:00 AM Central Time
(c) Participants will meet at-
EROS Visitors Lobby, U.S. Geological Survey, EROS Center, 47914 252nd Street, Sioux Falls, SD 57198
(End of Provision)
CLAUSES
52.252-2 Clauses Incorporated By Reference (Feb 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
(End of clause)
52.203-12 Limitation on Payments to Influence Certain Federal Transactions (Oct 2010) 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) 52.204-13 System for Award Management Maintenance (Oct 2018) 52.204-18 Commercial and Government Entity Code Maintenance (Jul 2016) 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) 52.209-06 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) 52.211-10 Commencement, Prosecution, and Completion of Work (Apr 1984) 52.219-28 Post-Award Small Business Program Rerepresentation (Jul 2013) 52.222-06 Construction Wage Rate Requirements (Aug 2018) 52.222-07 Withholding of Funds (May 2014) 52.222-08 Payrolls and Basic Records (Aug 2018) 52.222-09 Apprentices and Trainees (Jul 2005) 52.222-10 Compliance with Copeland Act Requirements (Feb 1988) 52.222-11 Subcontracts (Labor Standards) (May 2014) 52.222-12 Contract Termination-Debarment (May 2014) 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations (May 2014) 52.222-14 Disputes Concerning Labor Standards (Feb 1988) 52.222-15 Certification of Eligibility (May 2014) 52.222-21 Prohibition of Segregated Facilities (Apr 2015) 52.222-26 Equal Opportunity (Sep 2016) 52.222-27 Affirmative Action Compliance Requirements for Construction (Apr 2015 52.222-37 Employment Reports on Veterans (Feb 2016) 52.222-50 Combating Trafficking in Persons (Jan 2019) 52.222-55 Minimum Wages Under Executive Order 13658 (Dec 2015) 52.222-62 Paid Sick Leave Under Executive Order 13706 (Jan 2017) 52.223-03 Hazardous Material Identification and Material Safety Data (Jan 1997) 52.223-03_Alternate I Hazardous Material Identification and Material Safety Data (July 1995)
52.223-05 Pollution Prevention and Right-to-Know Information (May 2011) 52.223-11 Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) 52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts (Aug 2018) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) 52.223-20 Aerosols (Jun 2016) 52.223-21 Foams (Jun 2016) 52.225-03 Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) 52.225-13 Restrictions on Certain Foreign Purchases (Jun 2008) 52.228-02 Additional Bond Security (Oct 1997) 52.228-11 Pledges of Assets (Aug 2018) 52.228-12 Prospective Subcontractor Requests for Bonds (May 2014) 52.228-14 Irrevocable Letter of Credit (Nov 2014) 52.228-15 Performance and Payment Bonds-Construction (Oct 2010) 52.232-05 Payments under Fixed-Price Construction Contracts (May 2014) 52.232-27 Prompt Payment for Construction Contracts (Jan 2017) 52.232-33 Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) 52.233-01 Disputes (May 2014) 52.233-03 Protest after Award (Aug 1996) 52.233-04 Applicable Law for Breach of Contract Claim (Oct 2004) 52.236-02 Differing Site Conditions (Apr 1984) 52.236-03 Site Investigation and Conditions Affecting the Work (Apr 1984) 52.236-05 Material and Workmanship (Apr 1984) 52.236-06 Superintendence by the Contractor (Apr 1984) 52.236-07 Permits and Responsibilities (Nov 1991) 52.236-08 Other Contracts (Apr 1984) 52.236-09 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (Apr 1984) 52.236-10 Operations and Storage Areas (Apr 1984) 52.236-11 Use and Possession Prior to Completion (Apr 1984) 52.236-12 Cleaning Up (Apr 1984) 52.236-13 Accident Prevention (Nov 1991) 52.236-14 Availability and Use of Utility Services (Apr 1984)
52.236-17 Layout of Work (Apr 1984) 52.236-21 Specifications and Drawings for Construction (Feb 1997) 52.236-21_Alternate I Specifications and Drawings for Construction (Apr 1984) 52.236-26 Preconstruction Conference (Feb 1995) 52.242-14 Suspension of Work (Apr 1984) 52.243-05 Changes and Changed Conditions (Apr 1984) 52.246-21 Warranty of Construction (Mar 1994) 52.249-01 Termination for Convenience of the Government (Fixed-Price) (Short Form) (Apr 1984) 52.249-01_Alternate I Termination for Convenience of the Government (Fixed-Price)(Short Form) (Apr 1984) 52.253-01 Computer Generated Forms (Jan 1991)
52.219-6 Notice of Total Small Business Set-Aside (Nov 2011) (DEVIATION 2019-01)
(a) Definition. Small business concern, as used in this clause, 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 size standards in this solicitation.
(b) Applicability. This clause applies only to—
(1) Contracts that have been totally set aside or reserved for small business concerns; and
(2) Orders set aside for small business concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).
(c) General.
(1) Offers are solicited only from small business concerns. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected.
(2) Any award resulting from this solicitation will be made to a small business concern.
(d) Agreement.
(1) For a contract at or below the simplified acquisition threshold, a small business concern may provide the end item of any firm. For a contract exceeding the simplified acquisition threshold and the requirements of paragraphs (d)(1)(i) through (iii) of this clause have not been waived by SBA in accordance with 13 CFR 121.1204, a small business concern that provides an end item it did not manufacture, process, or produce, shall—
(i) Provide an end item that a small business has manufactured, processed, or produced in the United States or its outlying areas;
(ii) Be primarily engaged in the retail or wholesale trade and normally sell the type of item being supplied; and
(iii) Take ownership or possession of the item(s) with its personnel, equipment, or facilities in a manner consistent with industry practice; for example, providing storage, transportation, or delivery.
(2) Paragraph (d)(1) of this clause does not apply to construction or service contracts.
52.219-14 Limitations on Subcontracting (Jan 2017) (DEVIATION 2019-01)
(a) This clause does not apply to the unrestricted portion of a partial set-aside.
(b) Definition. As used in this clause— “Similarly situated entity” means a first-tier subcontractor, including an independent contractor, that has the same small business program status as that which qualified the prime contractor for the award, and that is considered small for the NAICS code the prime contractor assigned to the subcontract the subcontractor will perform.
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