20R0039 Fort Buchanan Fronts RTA 7 Oct 20 Vol 1 of 3.pdf
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- Solicitation number
- W912EP20R0039
About this file
This is a request for proposal for a federal construction project. The project involves demolishing 27 existing family housing units at Fort Buchanan in Puerto Rico and constructing 26 new units along with supporting facilities such as site work and utility systems. The construction cost is estimated between $10-25 million. Proposals are due November 6, 2020. The selected contractor will have 814 calendar days to complete the work after receiving notice to proceed. The North American Industry Classification System code for this project is 236115. Small businesses are encouraged to compete for this unrestricted opportunity.
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W912EP20R0039
Jacksonville District
Fort Buchanan Family Housing Replacement Fort Buchanan - Guaynabo, Puerto Rico
Construction Solicitation and Specifications Volume 1 of 3
SOLICITATION, OFFER,
AND AWARD
(Construction, Alteration, or Repair)
1. SOLICITATION NO.
W912EP20R0039
2. TYPE OF SOLICITATION
SEALED BID (IFB)
X NEGOTIATED (RFP)
3. DATE ISSUED
7-Oct-2020
PAGE OF PAGES
IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.
4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.
7. ISSUED BY CODE W912EP 8. ADDRESS OFFER TO (If Other Than Item 7) CODE
USA ENGINEER DISTRICT, JACKSONVILLE
CONTRACTING DIVISION
701 SAN MARCO BLVD
JACKSONVILLE FL 32207-8175
TEL: FAX:
See Item 7
TEL: FAX:
9. FOR INFORMATION
CALL:
A. NAME
WILLIAM WALLACE
B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)
SOLICITATION
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".
(Title, identifying no., date): 10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE
DOCUMENTS
FORT BUCHANAN FAMILY HOUSING REPLACEMENT FORT BUCHANAN , PUERTO RICO
DESCRIPTION OF WORK: REFER TO SECTION 01 11 00 FOR COMPLETE PROJECT DESCRIPTION
DRAWINGS: SEE DFARS CLAUSE 252.236 7001, IN SECTION 00700.
MAGNITUDE OF CONSTRUCTION IS BETWEEN $10,000,000 AND $25,000,000.
THIS IS AN UNRESTRICTED SOLICITATION AND ALL RESPONSIBLE OFFERORS ARE ENCOURAGED TO PARTICIPATE.
THE NAICS CODE IS 236115 AND THE SMALL BUSINESS SIZE STANDARD IS $39,500,000.00.
***BLOCK 11 - SEE SECTION 00700, CLAUSE 52.211-10 FOR PERIOD OF PERFORMANCE
A SITE VISIT WILL BE HELD SEE FAR CLAUSE 52.236-27 IN SECTION 00100.
YOU MUST BE REGISTERED IN SAM IN ORDER TO RECEIVE AN AWARD FROM THIS SOLICITATION THE SAM WEBSITE IS
LOCATED AT WWW.SAM.GOV.
11. The Contractor shall begin perf ormance within calendar days and complete it within calendar days after receiving award notice to proceed. This performance period is mandatory, negotiable. (See _S_E_C_T_I_O_N 0_0_700 .)
12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?
(If "YES," indicate within how many calendar days after award in Item 12B.)
X YES NO
12B. CALENDAR DAYS
13. ADDITIONAL SOLICITATION REQUIREMENTS:
A. copies to perform the work required are due at the place specif ied in Item 8 by 0_2_:_0_0_P_M (hour) local time (date). If this is a sealed bid solicitation, offers must 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.
B. An offer guarantee X is, is not required.
C. All of fers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.
D. Of fers providing less than 90 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.
NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)
Prescribed by GSA
FAR (48 CFR) 53.236-1(e)
Sealed offers in original and 0
_______30
X X
________814
6 Nov 2020 http://www.sam.gov/ http://www.sam.gov/
SOLICITATION, OFFER, AND AWARD (Continued) (Construction, Alteration, or Repair)
14. NAME AND ADDRESS OFOFFEROR (Include ZIP Code)
OFFER (Must be fully completed by offeror)
15. TELEPHONE NO. (Include area code)
16. REMITTANCE ADDRESS (Include only if different than Item14)
See Item 14
CODE FACILITY CODE
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 w thin calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)
AMOUNTS SEE SCHEDULE OFPRICES
18. The offeror agrees to furnish any required performance and payment bonds.
19. ACKNOWLEDGMENT OF AMENDMENTS
(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
21. ITEMS ACCEPTED:
AWARD (To be completed by Government)
22. AMOUNT 23. ACCOUNTING AND APPROPRIATIONDATA
24. SUBMIT INVOICES TO ADDRESS SHOWNIN
(4 copies unless otherwise specified)
ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO
10 U.S.C. 2304(c) 41 U.S.C. 253(c)
26. ADMINISTEREDBY CODE 27. PAYMENT WILL BE MADEBY: CODE
CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE
28. NEGOTIATED AGREEMENT (Contractor is required to sign this 29. AWARD (Contractor is not required to sign this document.)
document and return _ copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work, requisitions identified on this form and any continuation sheets f or 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, certifications, and specifications or incorporated by reference in or attached to this contract.
30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED
Your offer on this solicitation, is hereby accepted as to the items listed. This award con-summates the contract, which consists of (a) the Government solicitation and y our offer, and (b) this contract award. No further contractual document is necessary.
31A. NAME OF CONTRACTING OFFICER (Type or print) TO SIGN (Type or print)
30B. SIGNATURE 30C. DATE
TEL: EMAIL:
31B. UNITED STATES OF AMERICA 31C. AWARD DATE
BY
NSN 7540-01-155-3212 STANDARD FORM 1442 BACK (REV. 4-85)
SECTION 00010A
LINE ITEMS AND PRICING SCHEDULE
FORT BUCHANAN FAMILY HOUSING REPLACEMENT
FORT BUCHANAN, PUERTO RICO
LINE ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL
0001 DEMOLITION JOB $_______________
0002 LAND DEVELOPMENT JOB $_______________
0003 HOUSING JOB $_______________
0004 RECREATIONAL PARK JOB $_______________
SUBTOTAL BASE (LINE ITEMS 0001 THROUGH 0004) $_______________
0005 MUNICIPAL TAXES JOB $_______________
TOTAL BASE (LINE ITEMS 0001 THROUGH 0005) $_______________
0006 BID OPTION 1 (House 14 Model A.A) JOB $_______________
0007 MUNICIPAL TAXES JOB $_______________
TOTAL BID OPTION 1 (LINE ITEMS 0006 THROUGH 0007) $_______________
0008 BID OPTION 2 (House 15 Model A.A) JOB $_______________
0009 MUNICIPAL TAXES JOB $_______________
TOTAL BID OPTION 2 (LINE ITEMS 0008 THROUGH 0009) $_______________
0010 BID OPTION 3 (House 16 Model A.A) JOB $_______________
0011 MUNICIPAL TAXES JOB $_______________
TOTAL BID OPTION 3 (LINE ITEMS 0010 THROUGH 0011) $_______________
0012 BID OPTION 4 (House 17 Model A.A) JOB $_______________
0013 MUNICIPAL TAXES JOB $_______________
TOTAL BID OPTION 4 (LINE ITEMS 0012 THROUGH 0013) $_______________
0014 BID OPTION 5 (North Buffer Trees) JOB $_______________
0015 MUNICIPAL TAXES JOB $_______________
TOTAL BID OPTION 5 (LINE ITEMS 0014 THROUGH 0015) $_______________
BID OPTION 6 (PARK TREES, SHRUBS AND GROUND
COVER) JOB $_______________
0017 MUNICIPAL TAXES JOB $_______________
TOTAL BID OPTION 6 (LINE ITEMS 0016 THROUGH 0017) $_______________
0018 BID OPTION 7 - APPLIANCES (KITCHEN, LAUNDRY) JOB $_______________
0019 MUNICIPAL TAXES JOB $_______________
TOTAL BID OPTION 7 (LINE ITEMS 0018 THROUGH 0019) $_______________
TOTAL OPTIONS (LINE ITEMS 0006 THROUGH 0019) $_______________
TOTAL BASE PLUS OPTIONS (LINE ITEMS 0001 THROUGH 0019) $_______________
W912EP20R0039 00010A-1
FORT BUCHANAN FAMILY HOUSING REPLACEMENT
FORT BUCHANAN, PUERTO RICO
NOTES
(1) OFFER MUST PRICE ALL LINE ITEMS.
(2) ALL SPECIFICATION REFERENCES TO LUMP SUM SHALL APPLY TO LINE ITEMS INDICATING JOB AS THE UNIT.
(3) THE JOB PRICE AND PAYMENT MADE FOR EACH ITEM LISTED SHALL CONSTITUTE FULL COMPENSATION FOR FURNISHING ALL PLANT, LABOR, MATERIALS AND EQUIPMENT, AND PERFORMING ANY ASSOCIATED CONTRACTOR QUALITY CONTROL, ENVIRONMENTAL PROTECTION, MEETING SAFETY REQUIREMENTS, TESTS AND REPORTS, AND FOR PERFORMING ALL WORK REQUIRED FOR WHICH SEPARATE PAYMENT IS NOT OTHERWISE PROVIDED. ALL COSTS FOR ITEMS OF WORK, WHICH ARE NOT SPECIFICALLY MENTIONED TO BE INCLUDED IN A PARTICULAR JOB OR UNIT PRICE PAYMENT ITEM, SHALL BE INCLUDED IN THE
LISTED JOB ITEM AND MUST CLOSELY ASSOCIATED WITH THE WORK INVOLVED.
(6) THE AMOUNTS INCLUDED FOR THE CLINS RELATED TO MUNICIPAL TAXES WILL NOT BE CONSIDERED FOR PRICE EVALUATION
OF THE PROPOSALS.
(4) PROGRESS PAYMENTS FOR JOB CLINS WILL BE MADE IN ACCORDANCE WITH THE PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS CLAUSE OF SECTION 00700 CONTRACT CLAUSES. SUBMIT A LIST OF PAY ACTIVITIES, (SCHEDULE OF VALUES) TO BREAKDOWN BID FOR EACH JOB CLIN. SUBMIT THE SCHEDULE OF VALUES FOR GOVERNMENT APPROVAL WITH THE BASELINE SCHEDULE SUBMITTAL (SEE SECTION 01 32 01 PROJECT SCHEDULE). AN UNBALANCED SCHEDULE OF VALUES AND PAY
ACTIVITY SCHEDULE WILL BE RETURNED FOR REVISION.
(10) PRICE FOR BID OPTION 7 SHALL BE GOOD FOR 365 CALENDAR DAYS FROM NOTICE TO PROCEED (NTP).
(5) THE CONTRACT PRICE WILL BE ADJUSTED TO COMPENSATE THE CONTRACTOR FOR THE AMOUNT OF CONSTRUCTION TAXES.
NO MARK-UPS WILL BE ALLOWED IN THIS LINE ITEM. THE CONTRACTOR WILL BE PAID ON THE BASIS OF PROOF OF PAYMENT
FROM THE APPROPRIATE COMMONWEALTH OF PUERTO RICO MUNICIPAL AUTHORITIES.
(8) LINE ITEMS 0006 THROUGH 0013 INCLUDE ALL REQUIRED WORK TO DELIVER A COMPLETE AND USABLE FACILITY INCLUDING
ASSOCIATED UTILITIES NOT INCLUDED IN LINE ITEM 2.
(7) LINE ITEM 0002 EXCLUDES UTILITY INSTALLATION FOR BID OPTIONS 1 THROUGH 4.
(9) PRICE FOR BID OPTIONS 1 THROUGH 6 SHALL BE GOOD FOR 180 CALENDAR DAYS FROM NOTICE TO PROCEED (NTP).
W912EP20R0039 00010A-2
SECTION 00010A, Attachment A
INSTRUCTIONS FOR TECHNICAL INQUIRIES AND QUESTIONS
Technical inquiries and questions relating to this solicitation are to be submitted via Bidder Inquiry in ProjNet at (https://www.projnet.org) No Later Than (NLT) October 26, 2020, End of Day. To submit and review inquiry items, prospective vendors will need to use the Bidder Inquiry Key presented below and follow the instructions listed below the key for access. A prospective vendor who submits a comment / question will receive an acknowledgement of their comment/question via email, followed by an answer to the comment/question after it has been processed by our technical team.
All timely questions and approved answers will be made available through ProjNet.
The Solicitation Number is: W912EP20R0039
The Bidder Inquiry Key is: 2TG5MF 5PDN3J
Specific Instructions for ProjNet Bid Inquiry Access from ProjNet home page:
1. Identify the Agency. This should be marked as USACE.
2. Email. Enter the email address you would like to use for communication.
3. Key. Enter the Bidder Inquiry Key listed above.
4. Click Continue. A page will then open saying that a user account was not found and will ask you to create one using the provided form.
5. Enter your First Name, Last Name, Company, City, State, Phone, Email, Secret Question, Secret
Answer, and Time Zone. Make sure to remember your Secret Question and Answer as they will be used from this point on to access the ProjNet system.
6. Click Add User. Once this is completed you are now registered within ProjNet and are currently logged into the system.
Specific Instructions for Future ProjNet Bid Inquiry Access from ProjNet home page:
1. For future access to ProjNet, you will not be emailed any type of password. You will utilize your Secret Question and Secret Answer to log in.
2. Identify the Agency. This should be marked as USACE.
3. Email. Enter the email address you used to register previously in ProjNet.
4. Key. Enter the Bidder Inquiry Key listed above.
5. Click Continue. A page will then open asking you to enter the answer to your Secret Question.
6. Enter your Secret Answer and click Login. Once this is completed you are now logged into the system.
Project Title: U.S. ARMY FAMILY HOUSING REPLACEMENT
FT. BUCHANAN, GUAYNABO, PUERTO RICO
(3) The contract price will be adjusted to compensate the Contractor for the amount of construction taxes. No mark-ups will be allowed in this line item. The Contractor will be paid on the basis of proof of payment from the appropriate Commonwealth of Puerto Rico or Municipal authorities.
W912EP20R0039 00010A-2
Section 00100 - INSTRUCTIONS TO OFFERORS/EVALUATION FACTORS FOR AWARD
CLAUSES INCORPORATED BYREFERENCE
52.204-7 System for Award Management OCT 2016 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.211-2 Availability of Specifications, Standards, and Data Item APR 2014
Descriptions Listed in the Acquisition Streamlining and Standardization Information System (ASSIST)
52.215-1 Instructions to Offerors-Competitive Acquisition JAN 2004 52.216-1 Type of Contract APR 1984 52.217-5 Evaluation of Option JUL 1990 52.222-5 Construction Wage Rate Requirements--Secondary Site of theMAY 2014
Work 52.222-23 Notice of Requirement for Affirmative Action to Ensure FEB 1999
Equal Employment Opportunity for Construction 52.222-38 Compliance With Veterans' Employment Reporting FEB 2016
Requirements 52.225-12 Notice of Buy American Requirement - Construction MAY 2014
Materials Under Trade Agreements 52.225-25 Prohibition on Contracting with Entities Engaging in Certain OCT 2015
Activities or Transactions Relating to Iran-- Representation and Certifications.
52.233-2 SERVICE OF PROTEST (SEP 2006) OCT 2006
52.236-27 (Alt I) SITE VISIT (CONSTRUCTION) (FEB 1995)
252.204-7008 Compliance With Safeguarding Covered Defense Information OCT 2016 Controls Secondary Arab BoycottOf Israel JUN 2005
Brand Name or Equal Aug 1999
252.225-7031
52.211-6
W912EP20R0039 00100-i
00100-1W912EP20R0039
52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2016)
(a) Definitions. As used in this provision--
Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.
Registered in the System for Award Management (SAM) database means that--
(1) The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14) into the SAM database;
(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of Contact sections of the registration in the SAM database;
(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and
(4) The Government has marked the record ``Active''.
Unique entity identifier means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.
(b)(1) By submission of an offer, the Offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.
(2) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation ``Unique Entity Identifier'' followed by the unique entity identifier that identifies the Offeror's name and address exactly as stated in the offer. The Offeror also shall enter its EFT indicator, if applicable. The unique entity identifier will be used by the Contracting Officer to verify that the Offeror is registered in the SAM database.
(c) If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for establishment of the unique entity identifier directly to obtain one. The Offeror should be prepared to provide the following information:
(1) Company legal businessname.
(2) Trade style, doing business, or other name by which your entity is commonly recognized.
(3) Company physical streetaddress, city, state, and Zip Code.
(4) Company mailing address, city, state and Zip Code (if separate from physical).
(5) Company telephone number.
(6) Date the company wasstarted.
(7) Number of employees at your location.
00100-2W912EP20R0039
(8) Chief executive officer/keymanager.
(9) Line of business(industry).
(10) Company headquarters name and address (reporting relationship within your entity).
(d) If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.
(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.
(f) Offerors may obtain information on registration at https://www.acquisition.gov.
(End of clause)
52.211-2 AVAILABILITY OF SPECIFICATIONS, STANDARDS, AND DATA ITEM DESCRIPTIONS
LISTED IN THE ACQUISITION STREAMLINING AND STANDARDIZATION INFORMATION SYSTEM
(ASSIST) (APR2014)
(a) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:
(1) ASSIST(https://assist.dla.mil/online/start/);
(2) QuickSearch (http://quicksearch.dla.mil/);
(3) ASSISTdocs.com (http://assistdocs.com).
(b) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--
(1) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);
(2) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or
(3) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone
(215) 697-2667/2179, Facsimile (215) 697-1462.
(End of provision)
52.215-1 INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION (JAN 2017)
(a) Definitions. As used in this provision--are negotiations that occur after establishment of the competitive range that may, at the Contracting Officer's discretion, result in the offeror being allowed to revise its proposal.
writing or means any worded or numbered expression which can be read, reproduced, and later communicated, and includes electronically transmitted and stored information.
is a change made to a proposal before the solicitation's closing date and time, or made in response to an amendment, or made to correct a mistake at any time before is a change to a proposal made after the solicitation closing date, at the request of or as allowed by a Contracting Officer as the result of negotiations.
if stated as a number of days, is calculated using calendar days, unless otherwise specified, and will include Saturdays, Sundays, and legal holidays. However, if the last day falls on a Saturday, Sunday, or legal holiday, then t h e period shall include the next working day.
00100-3W912EP20R0039
(b) Amendments to solicitations. If this solicitation is amended, all terms and conditions that are not amended remain unchanged. Offerors shall acknowledge receipt of any amendment to this solicitation by the date and time specif ied in theamendment(s).
(c) Submission, modification, revision, and withdrawal of proposals. (1) Unless other methods (e.g., electronic commerce or facsimile) are permitted in the solicitation, proposals and modifications to proposals shall be submitted in paper media in sealed envelopes or packages (i) addressed to the office specified in the solicitation, and (ii) showing the time and date specified for receipt, the solicitation number, and the name and address of the offeror.
Offerors using commercial carriers should ensure that the proposal is marked on the outermost wrapper with the i n f o r m a t i o n in paragraphs (c)(1)(i) and (c)(1)(ii) of this provision.
(2) The first page of the proposal must show--
(i) The solicitationnumber;
(ii) The name, address, and telephone and facsimile numbers of the offeror (and electronic address if available);
(iii) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and agreement to furnish any or all items upon which prices are offered at the price set opposite each item;
(iv) Names, titles, and telephone and facsimile numbers (and electronic addresses if available) of persons authorized to negotiate on the offeror's behalf with the Government in connection with this solicitation; and
(v) Name, title, and signature of person authorized to sign the proposal. Proposals signed by an agent shall be accompanied by evidence of that agent's authority, unless that evidence has been previously furnished to the issuing office.
(3) Submission, modification, or revision, of proposals.
(i) Offerors are responsible for submitting proposals, and any modifications, or revisions, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in t h e solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that proposal or revision is due.
(ii)(A) Any proposal, modification, or revision received at the Government office designated in the solicitation after the exact time specified for receipt of offers is and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--
(1) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of proposals; or
(2) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or
(3) It is the only proposal received.
(B) However, a late modification of an otherwise successful proposal that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.
(iii) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the proposal wrapper, other documentary evidence of receipt maintained by the installation, oral testimony or statements of Government personnel.
(iv) If an emergency or unanticipated event interrupts normal Government processes so that proposals cannot be received at the office designated for receipt of proposals by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation, the time specified for receipt of proposals will be d e e m e d to be extended to the same time of day specified in the solicitation on the first work day on which normal G o v e r n m e n t processes resume.
00100-4W912EP20R0039
(v) Proposals may be withdrawn by written notice received at any time before award. Oral proposals in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile proposals, proposals may be withdrawn via facsimile received at any time before award, subject to the conditions specified in the provision at 52.215-5, Facsimile Proposals. Proposals may be withdrawn in person by an offeror or an authorized representative, if the identity of the person requesting withdrawal is established and the person signs a receipt for the proposal before award.
(4) Unless otherwise specified in the solicitation, the offeror may propose to provide any item or combination of i t e m s .
(5) Offerors shall submit proposals in response to this solicitation in English, unless otherwise permitted by the solicitation, and in U.S. dollars, unless the provision at FAR 52.225-17, Evaluation of Foreign Currency Offers, is inc luded in the solicitation.
(6) Offerors may submit modifications to their proposals at any time before the solicitation closing date and time, a n d may submit modifications in response to an amendment, or to correct a mistake at any time before award.
(7) Offerors may submit revised proposals only if requested or allowed by the Contracting Officer.
(8) Proposals may be withdrawn at any time before award. Withdrawals are effective upon receipt of notice by the Contracting Officer.
(d) Offer expiration date. Proposals in response to this solicitation will be valid for the number of days specified on the solicitation cover sheet (unless a different period is proposed by the offeror).
(e) Restriction on disclosure and use of data. Offerors that include in their proposals data that they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, shall--
(1) Mark the title page with the following legend: This proposal includes data that shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed--in whole or in part--for any purpose other than to e v a l u a t e this proposal. If, however, a contract is awarded to this offeror as a result of--or in connection with-- the s ub m i ss i o n of this data, the Government shall have the right to duplicate, use, or disclose the data to the extent p ro vid ed in the resulting contract. This restriction does not limit the Government's right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contained in sheets [insert numbers or other identification of sheets]; and
(2) Mark each sheet of data it wishes to restrict with the following legend: Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.
(f) Contractaward.
(1) The Government intends to award a contract or contracts resulting from this solicitation to the responsible offeror(s) whose proposal(s) represents the best value after evaluation in accordance with the factors and subfactors in the solicitation.
(2) The Government may reject any or all proposals if such action is in the Government's interest.
(3) The Government may waive informalities and minor irregularities in proposals received.
(4) The Government intends to evaluate proposals and award a contract without discussions with offerors (except clarifications as described in FAR 15.306(a)). Therefore, theofferor's initial proposal should contain the offeror's best terms from a cost or price and technical standpoint. The Government reserves the right to conduct discussions if t h e Contracting Officer later determines them to be necessary. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.
(5) The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit cost or prices offered, unless the offeror specifies otherwise in the proposal.
00100-5W912EP20R0039
(6) The Government reserves the right to make multiple awards if, after considering the additional administrative costs, it is in the Government's best interest to do so.
(7) Exchanges with offerors after receipt of a proposal do not constitute a rejection or counteroffer by the Government.
(8) The Government may determine that a proposal is unacceptable if the prices proposed are materially unbalanced be t wee n line items or subline items. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more line items is significantly overstated or understated as indicated by the application of cost or price analysis techniques. A proposal may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government.
(9) If a cost realism analysis is performed, cost realism may be considered by the source selection authority in evaluating performance or schedule risk.
(10) A written award or acceptance of proposal mailed or otherwise furnished to the successful offeror within the time specified in the proposal shall result in a binding contract without further action by either party.
(11) If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:
(i) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.
(ii) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.
(iii) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.
(iv) A summary of the rationale for award.
(v) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.
(vi) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.
(End of provision)
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)
52.217-5 EVALUATION OF OPTIONS (JUL 1990)
Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).
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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)
52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL
EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)
(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.
(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:
Goals for minority participation for each trade
Goals for female participation for each trade
22.4% 6.9%
These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programsoffice.
(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction,'' and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.
(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the --
(1) Name, address, and telephone number of the subcontractor;
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(2) Employer's identification number of the subcontractor;
(3) Estimated dollar amount of thesubcontract;
(4) Estimated starting and completion dates of the subcontract; and
(5) Geographical area in which the subcontract is to be performed.
(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is
Fort Buchanan - Guaynabo, Puerto
(End of provision)
52.222-38 COMPLIANCE WITH VETERANS' EMPLOYMENT REPORTING REQUIREMENTS (FEB 2016)
By submission of its offer, the offeror represents that, if it is subject to the reporting requirements of 38 U.S.C.
4212(d) (i.e., if it has any contract containing Federal Acquisition Regulation clause 52.222-37, Employment Reports on Veterans), it has filed the most recent VETS-4212 Report required by that clause.
(End of provision)
52.225-12 NOTICE OF BUY AMERICAN REQUIREMENT-- CONSTRUCTION MATERIALS UNDER
TRADE AGREEMENTS (MAY 2014)
(a) Definitions. available off-the-shelf (COTS) country
-- Construction Materials Under Trade (Federal Acquisition Regulation (FAR) clause 52.225-11).
(b) Requests for determination 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 FAR clause 52.225-11 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 materials, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(4)(i) of FAR clause52.225-11.
(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, other than designated country construction material, that is not listed by the Government in this solicitation in paragraph (b)(3) of FAR clause 52.225-11, the offeror also may submit an alternate offer based on use of equivalent domestic or designated country 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 FAR clause 52.225-11 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 FAR clause 52.225-11 does not apply, the Government will evaluate only those offers based on use of the equivalent
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domestic or designated country construction material, and the offeror shall be required to furnish such domestic or designated country 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)
52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN ACTIVITIES OR
TRANSACTIONS RELATING TO IRAN--REPRESENTATION AND CERTIFICATIONS. (OCT 2015)
(a) Definitions. As used in this provision--
Person--
(1) Means--
(i) A natural person;
(ii) A corporation, business association, partnership, society, trust, financial institution, insurer, underwriter, guarantor, and any other business organization, any other nongovernmental entity, organization, or group, and any governmental entity operating as a business enterprise; and
(iii) Any successor to any entity described in paragraph (1)(ii) of this definition; and
(2) Does not include a government or governmental entity that is not operating as a business enterprise.
Sensitive technology--
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically--
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).
(b) The offeror shall email questions concerning sensitive technology to the Department of State at CISADA106@state.gov.
(c) Except as provided in paragraph (d) of this provision or if a waiver has been granted in accordance with 25.703- 4, by submission of its offer, the offeror
(1) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran;
(2) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act. These sanctioned activities are in the areas of development of the petroleum resources of Iran, production of refined petroleum products in Iran, sale and provision of refined petroleum products to Iran, and contributing to Iran's ability to acquire or develop certain weapons or technologies; and
(3) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds $3,500 with Iran's Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (see OFAC's Specially Designated Nationals and Blocked Persons List
00100-9W912EP20R0039
at http://www.treasury.gov/ofac/downloads/t11sdn.pdf).
(d) Exception for trade agreements. The representation requirement of paragraph (c)(1) and the certification requirements of paragraphs (c)(2) and (c)(3) of this provision do not apply if
(1) This solicitation includes a trade agreements notice or certification (e.g., 52.225-4, 52.225-6, 52.225-12, 52.225- 24, or comparable agency provision); and
(2) The offeror has certified that all the offered products to be supplied are designated country end products or designated countryconstruction material.
(End of provision)
52.233-2 SERVICE OF PROTEST (SEP 2006)
(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from the person identified in item 10 of the Standard Form 33 (if this solicitation is for non-commercial supplies or services), in item 9A of the Standard Form 1442 (if this solicitation is for construction or dredging), in item 7 of the Standard Form 1449 (if this solicitation is for commercial items), or in item 7 of the DA Form 4069-R (if this solicitation is for work funded by a non-appropriated funds instrumentality) at the address shown in item 7 of the SF 33, item 7 of the SF 1442, item 9 of the SF 1449, or item 5 of the DA Form 4069-R.
(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.
(End of provision)
52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) (ALTERNATE I) (FEB 1995) (CESAJ
ADAPTATION)
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.
An organized site visit has been scheduled for 2020 at 10:30 AM Eastern Time. Meeting Point:
Visitor's Control Center Parking@ Borinqueneers Gate (PR-28), Fort Buchanan. POC: Carmen Lugo - (787)
342-0123; Maricarmen Crespo (787) 398-9166.
Information for Site Visit
- ALL individuals planning to participate of the site visit shall register, via email - Ingrid.A.Moreno- Cedeno@usace.army.mil. Provide your name, company, phone number and email information.
- Each individual must complete a DD 369 (See attachment) Form and submit it to the Antilles Area Office at least a week in advance to secure the access to the Installation. In addition to the DD 369, you shall provide copy of a valid ID (Driver's License or US Passport) attached to the form. Due to the requirement of Personal Identifiable Information (PII) to be included in the form two options may be provided to submit them:
1. Send via email to Ingrid.A.Moreno-Cedeno@usace.army.mil ; complete the form(s), Blocks #1 to #9 and #11, except Block #7. Ms. Moreno will call the individual and request the complete SSN in order to submit to the Fort Buchanan Police.
2. Send hard copy via mail (USPS, FedEx, UPS, etc.); complete the form Blocks #1 to #9 and #11. If this is the selected option, the form shall be received in the Antilles Area Office by 10 SEP 20.
US Army Corps of Engineers AAO Construction Div. c/o Ingrid Moreno Fund A. Ramos Annex Bldg Ste 202 383 Franklin D. Roosevelt Ave
00100-10W912EP20R0039
San Juan, PR 00918
* For either option, include contact information (phone number and email) of each individual submitting forms in order to be able to contact each one of them if necessary.
-The forms will be submitted to the Police Station on or before 2020; we cannot guarantee that forms that are received later than this date will be processed by the Fort Buchanan Police; therefore, most likely, will not have authorization to access the Installation.
- Individuals with a negative police record check, will be notified by the Antilles Office representative and will not be able to obtain an access pass from Fort Buchanan.
- Access restrictions related to COVID-19 are in place at Fort Buchanan as mandated by the Garrison Commander, the attached memo provide the guidance. NO individual who has travel within 14 days will be allowed on the Installation; quarantine restrictions apply. Temperature will be taken at the Gate and questions will be made to ensure you may access. Fort Buchanan reserves the right to deny access to an individual not passing the initial screening. Access policies can change anytime as directed by the Garrison Commander.
- The attendees shall plan to be at the meeting point at least 30 mins before the time for the site visit to process/receive a day pass for access. A valid ID will be required (Driver's License, US Passport) -cannot be expired.
- The vehicles to access the Base will need to have a valid registration ("Marbete") and be in good conditions. The Directorate of Emergency Services reserves the right to allow vehicles on Post.
- All attendees must observe the Installation rules, including but not limited to driving requirements within the Installation.
- As per the schedule, all contractors and USACE will access the Base and drive together to the site.
Those that are not timely at the meeting point will not be able to participate of the site visit.
- The prospective bidders are responsible for bringing all required documents to perform the site investigation. The Government will not have plans and specifications during the site visit.
- During the site visit, no questions will be answered. All questions related to the findings on site shall be posted in ProjNet (Bid Inquiry) for Government evaluation and response as required in the contract solicitation.
- NO PICTURES are allowed within the boundaries of Fort Buchanan. Individuals taking pictures or videos will be immediately reported to the Fort Buchanan Police Department and ESCORTED OUT of the Installation.
(c) A Pre-Proposal Conference Call will be held on 23 September 2020 at 10:00 AM to address any further questions. Callers can call in at: 877-402-9753, Access Code: 6546236, Security Code: 2873
(d) Core borings are available. (If available, follow the instructions in the Physical Data paragraph in Section 00700 to make arrangements to inspect the borings. Failure to follow the instructions may result in a delay ranging in duration from one hour to 4 days.)
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(e) After the site visit, a memorandum summarizing the visit will be posted to beta.sam.gov, under the solicitation number. This posting will be strictly for informational purposes only. The memorandum will not become a part of the solicitation. If the solicitation needs to be changed as a result of information obtained during the site visit, a written amendment will be made available to all registered vendors.
Questions regarding any information given in the memorandum must be directed to the person whose name appears in item 9 of the Standard Form 1442.
52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)
(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of"(DEVIATION)" after the date of the provision.(b) The use in this solicitation of any Defense Federal Acquisition Regulation (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
252.204-7008 COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE INFORMATION CONTROLS
(OCT 2016)
(a) Definitions. As used in this provision-- Controlled technical information, covered contractor information system, covered defense information, cyber incident, information system, and technical information are defined in clause 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting.
(b) The security requirements required by contract clause 252.204-7012 shall be implemented for all covered defense information on all covered contractor information systems that support the performance of this contract.
(c) For covered contractor information systems that are not part of an information technology service or system operated on behalf of the Government (see 252.204-7012(b)(2))--
(1) By submission of this offer, the Offeror represents that it will implement the security requirements specified by National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171, ``Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations'' (see http://dx.doi.org/10.6028/NIST.SP.800-171) that are in effect at the time the solicitation is issued or as authorized by the contracting officer not later than December 31, 2017.
(2)(i) If the Offeror proposes to vary from any of the security requirements specified by NIST SP 800-171 that are in effect at the time the solicitation is issued or as authorized by the Contracting Officer, the Offeror shall submit to the Contracting Officer, for consideration by the DoD Chief Information Officer (CIO), a written explanation of
(A) Why a particular security requirement is not applicable; or
(B) Howan alternative but equally effective, security measure is used to compensate for the inability to satisfy a particular requirement and achieve equivalent protection.
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(ii) An authorized representative of the DoD CIO will adjudicate offeror requests to vary from NIST SP 800-171 requirements in writing prior to contract award. Any accepted variance from NIST SP 800-171 shall be incorporated into the resulting contract.
(End of provision)
252.225-7031 SECONDARY ARAB BOYCOTT OF ISRAEL (JUN2005)
(a)…
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