22B2507 HR Roofing IDIQ IFB.pdf
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- Solicitation number
- N4008522B2507
About this file
This solicitation notice is for a regional indefinite quantity roofing repair and replacement contract for various government sites in the greater Hampton Roads area of Virginia. The contract will have a base period and four option years not to exceed 60 months total. The small business set-aside NAICS code is 238160 for roofing contractors with a size standard of $16.5 million. The contractor will provide all labor, materials, equipment and management to fulfill task order requirements for roofing work such as locating leaks, removing and replacing single-ply roofing, installing coatings, and incidental repairs. A minimum guarantee of $5,000 will be issued. The contractor must submit payment and performance bonds valued over $150,000 and alternate payment protection for orders between $35,000-$150,000. Bids are due by August 16, 2022 and must include the solicitation contract form with unit prices for line items in each contract line item number period. Award will be to the responsible bidder with the lowest evaluated price considering all options.
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Other files
| File | Type | Posted |
|---|---|---|
| 22B2507 Amendment 0002.pdf | ||
| 22B2507 Amendment 0001.pdf | ||
| Attachment D- Pre-Proposal Inquiry (PPI) Form.xlsx | XLSX spreadsheet | |
| Attachment A- Hampton Roads Roofing IDIQ.pdf | ||
| Attachment C - PIEE Vendor Access Instructions.pdf | ||
| Attachment B- ELINs Hampton Roads Roofing IDIQ Contract.xlsx | XLSX spreadsheet |
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Text version
Hampton Roads Roofing IDIQ, Hampton Roads Area of Responsibility, Virginia
This acquisition is being issued as a Small Business Set-Aside.
The NAICS code for this procurement is 238160, Roofing Contractors, w ith a Small Business Size Standard of $16,500,000.
The total estimated magnitude of construction for this contract (base period plus option years) is betw een $25,000,000 and $100,000,000.
All questions concerning this solicitation shall be addressed in w riting to Whitney Weireter at w hitney.m.w eireter.civ@us.navy.mil
X
WHITNEY M. WEIRETER 757-341-0089
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".
10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS
NEGOTIATED
14-Jul-2022
(RFP)
(IFB)
CALL:
B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)
See Item 7
2. TYPE OF SOLICITATION
SEALED BID
3. DATE ISSUED
9. FOR INFORMATION A. NAME
SOLICITATION
X
NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)
Prescribed by GSA
FAR (48 CFR) 53.236-1(e)
11. The Contractor shall begin performance w ithin _______15 calendar days and complete it w ithin ________365 calendar days after receiving aw ard, notice to proceed. This performance period is mandatory, negotiable. (See _________________________FAR 52.211-10
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
13. ADDITIONAL SOLICITATION REQUIREMENTS:
A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________16 Aug 2022 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.
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 offers are subject to the (1) w ork requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.
D. Offers providing less than _______120 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.
SOLICITATION, OFFER,
AND AWARD
(Construction, Alteration, or Repair)
1. SOLICITATION NO.
IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.
4. CONTRACT NO.
7. ISSUED BY CODE
NAVFACSYSCOM MID-ATLANTIC
CONTRACTING CORE
9324 VIRGINIA AVENUE
NORFOLK VA 23511-3095
N40085
PAGE OF PAGES
1 OF
CODE
(Title, identifying no., date):
12B. CALENDAR DAYS
02:00 PM (hour)
Sealed envelopes containing offers
5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.
8. ADDRESS OFFER TO (If Other Than Item 7)
FAX:TEL: TEL: FAX:
N4008522B2507 83
20B. SIGNATURE
(REV. 4-85)STANDARD FORM 1442 BACK
TO SIGN
NSN 7540-01-155-3212
SOLICITATION, OFFER, AND AWARD (Continued) (Construction, Alteration, or Repair)
CODE FACILITY CODE
17. The offeror agrees to perform the w ork required at the prices specif ied below in strict accordance w ith the terms of this solicitation, if this offer is accepted by the Government in w riting w ithin ________ calendar days after the date offers are due.
the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)
AMOUNTS SEE SCHEDULE OF PRICES
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)
AWARD (To be completed by Government)
21. ITEMS ACCEPTED:
22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA
24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM
(4 copies unless otherwise specified)
CODE
(Insert any number equal to or greater than
20C. OFFER DATE
25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO
10 U.S.C. 2304(c) 41 U.S.C. 253(c)
CODE27. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY
(Include ZIP Code)14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NO. (Include area code)
See Item 14
(Include only if different than Item 14)16. REMITTANCE ADDRESS
30B. SIGNATURE
29. AWARD (Contractor is not required to sign this document.)
document and return _______ copies to issuing office.) Contractor agrees Your of f er on this solicitation, is hereby accepted as to the items listed. This award con-to f urnish and deliv er all items or perf orm all work, requisitions identif ied summates the contract, which consists of (a) the Gov ernment solicitation and on this f orm and any continuation sheets f or the consideration stated in this y our of f er, and (b) this contract award. No f urther contractual document is contract. The rights and obligations of the parties to this contract shall be necessary .
gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certif ications, and specif ications or incorporated by ref er-ence in or attached to this contract.
30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)
30C. DATE
(Type or print)
TEL: EMAIL:
31B. UNITED STATES OF AMERICA 31C. AWARD DATE
BY
CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE
(Contractor is required to sign this28. NEGOTIATED AGREEMENT
(M ust be fully completed by offeror)OFFER
N4008522B2507
Section 00 10 00 - Solicitation
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 1 Each
CLIN 0001- BASE PRICE
FFP
Regional Indefinite Delivery Indefinite Quantity (IDIQ) Roofing Repair/Replacement Contract at Various Government Sites in the Greater Hampton Roads, Virginia Area of Responsibility. Price incldues CLINs A001-A020.
FOB: Destination
NET AMT
0002 1 Each OPTION CLIN 0002- Option Year 1
FFP
Regional Indefinite Delivery Indefinite Quantity (IDIQ) Roofing Repair/Replacement Contract at Various Government Sites in the Greater Hampton Roads, Virginia Area of Responsibility. Price incldues CLINs B001-B020.
0003 1 Each OPTION CLIN 0003- Option Year 2
FFP
Regional Indefinite Delivery Indefinite Quantity (IDIQ) Roofing Repair/Replacement Contract at Various Government Sites in the Greater Hampton Roads, Virginia Area of Responsibility. Price incldues CLINs C001-C020.
0004 1 Each OPTION CLIN 0004- Option Year 3
FFP
Regional Indefinite Delivery Indefinite Quantity (IDIQ) Roofing Repair/Replacement Contract at Various Government Sites in the Greater Hampton Roads, Virginia Area of Responsibility. Price incldues CLINs D001-D020.
0005 1 Each OPTION CLIN 0005- Option Year 4
FFP
Regional Indefinite Delivery Indefinite Quantity (IDIQ) Roofing Repair/Replacement Contract at Various Government Sites in the Greater Hampton Roads, Virginia Area of Responsibility. Price incldues CLINs E001-E020.
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 N/A N/A N/A N/A
0002 N/A N/A N/A N/A
0003 N/A N/A N/A N/A
0004 N/A N/A N/A N/A
0005 N/A N/A N/A N/A
Section 00 21 13 - Instructions to Bidders
GENERAL REQUIREMENTS
TABLE OF CONTENTS
1. GENERAL
1.1. GENERAL OVERVIEW OF PROCUREMENT PROCESS
1.2. GENERAL OVERVIEW OF CONTRACT
2. BASIS FOR AWARD
3. BID REQUIREMENTS
3.1. PRE-PROPOSAL CONFERENCE AND SITE VISIT
3.2. BID SUBMISSION INSTRUCTIONS
3.3. PRE-BID INQUIRIES (PPIs)
4. ATTACHMENTS: May be located on contract opportunities under attachments
4.1. Attachment A: Hampton Roads Roofing IDIQ
4.2. Attachment B: ELINs Hampton Roads Roofing IDIQ
4.3. Attachment C: PIEE Vendor Access Information
4.4. Attachment D: Pre-Proposal Inquiry (PPI) Form
1. GENERAL
1.1. GENERAL OVERVIEW OF PROCUREMENT PROCESS
1.1.1. This acquisition is being solicited as a Small Business Set-Aside.
1.1.2. The NAICS code for this procurement is 238160, Roofing Contractors, and the Small Business Size
Standard is $16.5M.
1.1.3. This acquisition will be advertised utilizing FAR Part 14 – Sealed Bidding resulting in a Firm Fixed Price
(FFP) contract for construction services.
1.2. GENERAL OVERVIEW OF CONTRACT
Contract Title: Hampton Roads Roofing Services IDIQ, Hampton Roads Area of Responsibility, Virginia
Work Order # 1684708
Description of the Work: Types of work to be included in this contract are as follows, but are not limited to: locating and isolating roof leakage points and water infiltration, removal, repair and replacement of PVC and EPDM single-ply roofing systems, two-ply, modified bitumen roofing, asphalt shingles, standing seam metal roofing, Transite roof panels and other asbestos containing roofing materials, and rolled roofing. Work may include limited demolition and replacement of felt underlayment, vapor-barriers, insulation, plywood decking, roof accessories including flashing, gravel stops, drip edges, and gutters and downspouts, the application of liquid applied roof coatings, the repair of joints and re-caulking. Additional incidental work may include limited demolition and repair/ replacement of siding, copings and fascias associated with roof replacements and repairs. New structural roof construction is not included.
The Contractor must furnish all labor, materials, equipment, tools, transportation, supervision, safety, surveys, engineering layout work, quality control, traffic control, and management necessary to fulfill the requirements of task orders issued by the Contracting Officer under this contract. Each task order must be executed in a timely manner, with safety as a priority and quality work as the final product. The Government contemplates that one contract will be awarded for this solicitation. The projects shall be administered by the specific base location of the work.
Point of Contact:
All questions concerning this solicitation shall be addressed in writing to Whitney Weireter at whitney.m.weireter.civ@us.navy.mil
1.2.1. Term of the Contract: This contract contains provisions for a Base Period with Four (4) Option Years, not to exceed sixty (60) months. Refer to Section 00 70 00 – Conditions of the Contract, FAR 52.217-9, Option to Extend the Term of the Contract (MAR 2000).
1.2.2. Minimum Guarantee: The Government will issue a minimum guarantee in the amount of $5,000.00 to the successful Offeror via task order. The minimum guarantee covers the full term of the contract to include all option years.
1.2.3. Construction Wage Requirements: General Wage Determinations covering the areas of responsibility are included in this solicitation. The most current wage decision will be incorporated into the contract at the time each option is exercised. Refer to Section 00700 - Contract Clauses and Section 00800 – Special Contract Requirements.
1.2.4. Indefinite Quantity Individual Contract Line Item Quantities: Once the estimated quantities for individual line items shown in the Schedule have been ordered, additional quantities may be ordered as long as the overall not-to-exceed (NTE) amount of the contract per year is not exceeded and the Contractor agrees by signing the task order.
2. BASIS FOR AWARD
Award will be made to the responsible bidder whose bid, conforming to the invitation for bid requirements, will be most advantageous to the Government, considering only price and price related factors included in the invitation for bid. Bidders shall submit a lump sum price for Section 00010, CLIN 0001 (Base Year), CLIN 0002 (Option Year 1), CLIN 0003 (Option Year 2), CLIN 0004 (Option Year 3), CLIN 0005 (Option Year 4) and unit prices for ELINs A001-A020, B0010-B020, C0010-C020, D0010-D020, and E0010-E020 for each CLIN. For purposes of evaluating bids for award, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Refer to Section 00100, FAR 52.217-5 Evaluation of Options (JUL 1990).
3. BID REQUIREMENTS
3.1. PRE-PROPOSAL CONFERENCE AND SITE VISIT: A site visit is not anticipated for this procurement.
3.2. BID SUBMISSION INSTRUCTIONS: The bidder shall submit ONE (1) electronic bid with the following:
- Cover page with solicitation number, solicitation title, Offeror name, address, phone number, fax number, Unique Entity Identifier (UEI), EIN, CAGE code, Point of Contact (POC), POC phone number, and POC email address;
- Completed SF 1442 signed with all amendments acknowledged;
- Exhibit Line Items (ELINs), Excel Spreadsheet (Electric and Hard Copy) A001-E020 for each CLIN.
- Solicitation Contract Form CLINs 0001, 0002, 0003, 0004, 0005 (Base and all option years).
- Copy of Representation and Certifications and proof of registration in System for Award Management
(SAM);
- Confirmation of filing of Veterans’ Employment and Training (VETS) VETS-4212 for the 2020/2021 filing cycle;
- Bid Guarantee in accordance with FAR Clause 52.228-1, Bid Guarantee; and
- Responsibility Determination Information (see below).
RESPONSIBILITY DETERMINATION INFORMATION
In order to be eligible for award, the bidder must be determined responsible in accordance with FAR Part 9, specifically 9.104-1, General Standards. The bidder shall provide the following information in the bid package, which will not be provided to the public for inspection:
- Identification of the Contractor’s personnel and management to be used on this contract.
- The Contractor’s technical and management plans, including a schedule for performing required services.
- Description of Contractor’s facilities and equipment.
- Summary of the Contractor’s experience in performing work of the type required by this specification.
- One (1) Signed Bank Reference demonstrating adequate financial resources. If Offeror’s firm has a line of credit – provide information on how many figures Offeror can borrow against the line of credit (i.e.
medium 6 figures – exact line of credit is not required).
- The latest three complete fiscal year financial statements for the prime contractor, certified by an independent accounting firm, if practicable, or signed by an authorized officer of the organization. Submit evidence of availability of working/operating capital, which will be used for the performance of the resultant contract. For Joint Venture arrangements, submit the latest three complete fiscal year financial statements for each company in the Joint Venture and discuss the financial responsibilities among the companies. The Government may also utilize Dun & Bradstreet reports to evaluate the financial capacity of the Offeror.
- Other work presently under contract and their period of performance.
- Prior contracts for similar work of similar magnitude, and the names, addresses and telephone numbers of individuals with the organization issuing the contract who may be contacted for information concerning the Contractor’s performance.
Although required to be submitted with the bid package, this information will not be evaluated as part of the sealed bid evaluation. This information forms the basis of your firm’s responsibility determination should your firm be the apparent low bidder. Packages will not be returned, but shall be destroyed by the Contracting Officer. No certificate of destruction will be issued.
The Offeror’s bid must include all data and information required and must be submitted in accordance with these instructions. The Offeror shall be compliant with the requirements as stated herein, for non-conformance may result in rejection of individual bids.
ELECTRONIC SUBMISSION VIA PIEE
Offerors shall submit an electronic bid (.pdf format) in response to this solicitation. Only the PIEE Solicitation Module is authorized for the submission of electronic proposals in response to this solicitation. Electronic proposal submissions should be no larger than 1.9 GB per file. Offerors shall ensure that the Government has received the electronic proposal prior to the date and time specified. PIEE Solicitation Vendor Access Instructions are provided via Attachment C. Emailed submissions will not be accepted. Submissions must be correctly linked to the subject solicitation number within the PIEE module. Submissions that are incorrectly linked may not be considered. Upon successful submission of bid through PIEE, the Offeror should receive an email confirmation. Please keep this for your records.
Offerors shall allow adequate time to upload files which may be slower for non-DoD users and to avoid other technical difficulties that may be encountered. Offerors are also responsible for submitting files in the format specified and consistent with requirements stated elsewhere in this solicitation. Files that cannot be opened, or are otherwise missing the required content are the responsibility of the Offeror. It is the sole responsibility of the Offeror to obtain the RFP files, along with any amendments, from Opportunities (www.sam.gov).
PIEE system will record the date and time of package submittal. The date and time of package submittal recorded in PIEE shall govern the timeliness of any bid submission. LATE BIDS WILL NOT BE CONSIDERED.
BIDS SUBMITTED IN RESPONSE TO THIS REQUEST MUST BE RECEIVED NO LATER THAN THE DATE AND TIME SPECIFIED IN BLOCK 13A OF THE SF1442. Bids not received by the time and date specified shall be treated in accordance with FAR 52.214-7 “Late Submissions, Modifications, and Withdrawals of Bids”.
CONTRACTOR EVALUATION PERFORMANCE REPORTING (CPAR)
Contractor’s performance will be evaluated using the respective contractor performance evaluation report entry system located on the website http://www.cpars.gov. Prior to commencement of work the contractor is required to provide the government with the name, phone number and e-mail address of the “Contractor’s Representative” that will be responsible for receipt and review of draft performance evaluations prepared by the government in the appropriate system. It is the contractor’s responsibility to keep this contact information current.
UTILITIES FOR CONSTRUCTION AND TESTING
The Contractor shall be responsible for obtaining, either from available Government sources or local utility companies, all utilities required for construction and testing. The Contractor shall provide these utilities at his expense, paid for at the current utility rate delivered to the job site. The Contractor shall provide and maintain all temporary utility connections and distribution lines, and all meters required to measure the amount of each utility used.
WHOLE DOLLAR PRICING
Bids will be rounded down to the nearest whole dollar for evaluation and subsequent award purposes. If after rounding takes place there are multiple identical low bidders, FAR 14.408-6 shall apply.
PAYMENT INSTRUCTIONS
Updated payment instructions can be found under PGI 204.7108(b)(2) at the following link:
https://www.acq.osd.mil/dpap/dars/pgi/pgi_htm/current/PGI204_71.htm#payment_instructions Procurement Method: This acquisition will be advertised utilizing FAR Part 14 – Sealed Bidding resulting in a Firm Fixed Price (FFP), contract for construction services.
BONDING REQUIREMENTS
A bid guarantee is required; Refer to Section 00100 - Bidding Schedule/Instructions to Bidders, 52.228-1 Bid Guarantee.
Payment and Performance bonds are required; Refer to Section 00700 - Bidding Schedule/Instruction to Bidders, 52.228-15 Performance and Payment Bonds-Construction. The Contractor will submit performance and payment bonds for each task order awarded over $150,000.00.
The Contractor shall submit Alternate Payment Protection for task orders awarded from $35,000.00 - $150,000.00 in accordance with FAR 52.228-13, Alternate Payment Protection.
For task orders under $35,000.00, no bonding is required.
Bidders should account for this cost in their unit prices.
3.3. PRE-BID INQUIRIES (PPIs)
ALL PRE-PROPOSAL INQUIRIES MUST BE SUBMITTED IN WRITING AND RECEIVED BY THE
CONTRACT SPECIALIST TEN (10) CALENDAR DAYS PRIOR TO THE BID OPENING DATE IN ORDER TO PERMIT ADEQUATE TIME TO REPLY TO THE INQUIRY. There is no guarantee that PPI’s submitted after the cut-off date will be answered before the solicitation closes. Submit all questions to whitney.m.weireter.civ@us.navy.mil. Use of “Attachment D Pre-Proposal Inquiry Form” template is required. The PPI Form Template (Attachment D) is attached herein and can be found at www.SAM.gov. Please include the solicitation number and contract title in the subject line of the email when submitting PPIs.
CLAUSES INCORPORATED BY REFERENCE
52.214-3 Amendments To Invitations For Bids DEC 2016 52.214-4 False Statements In Bids APR 1984 52.214-5 Submission Of Bids DEC 2016 52.214-6 Explanation To Prospective Bidders APR 1984
52.214-7 Late Submissions, Modifications, and Withdrawals of Bids NOV 1999 52.214-34 Submission Of Offers In The English Language APR 1991 52.214-35 Submission Of Offers In U.S. Currency APR 1991 52.219-2 Equal Low Bids OCT 1995 52.232-15 Progress Payments Not Included APR 1984 252.236-7008 Contract Prices-Bidding Schedules DEC 1991
CLAUSES INCORPORATED BY FULL TEXT
52.214-12 PREPARATION OF BIDS (APR 1984)
(a) Bidders are expected to examine the drawings, specifications, Schedule, and all instructions. Failure to do so will be at the bidder's risk.
(b) Each bidder shall furnish the information required by the solicitation. The bidder shall sign the bid and print or type its name on the Schedule and each continuation sheet on which it makes an entry. Erasures or other changes must be initialed by the person signing the bid. Bids 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.
(c) For each item offered, bidders shall (1) show the unit price, including, unless otherwise specified, packaging, packing, and preservation and (2) enter the extended price for the quantity of each item offered in the "Amount" column of the Schedule. In case of discrepancy between a unit price and an extended price, the unit price will be presumed to be correct, subject, however, to correction to the same extent and in the same manner as any other mistake.
(d) Bids for supplies or services other than those specified will not be considered unless authorized by the solicitation.
(e) Bidders must state a definite time for delivery of supplies or for performance of services, unless otherwise specified in the solicitation.
(f) Time, if stated as a number of days, will include Saturdays, Sundays, and holidays.
(End of provision)
52.214-15 PERIOD FOR ACCEPTANCE OF BIDS (APR 1984)
In compliance with the solicitation, the bidder agrees, if this bid is accepted within 120 calendar days from the date specified in the solicitation for receipt of bids, to furnish any or all items upon which prices are bid at the price set opposite each item, delivered at the designated point(s), within the time specified in the Schedule.
(End of clause)
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).
52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995)
(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.
(b) Site visits may be arranged during normal duty hours by contacting:
Name: Whitney M. Weireter Email: whitney.m.weireter.civ@us.navy.mil
Section 00 45 00 - Representations and Certifications
52.203-11 Certification And Disclosure Regarding Payments To
Influence Certain Federal Transactions
SEP 2007
52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-17 Ownership or Control of Offeror AUG 2020 52.204-19 Incorporation by Reference of Representations and
Certifications.
DEC 2014
52.204-20 Predecessor of Offeror AUG 2020 52.204-24 Representation Regarding Certain Telecommunications and
Video Surveillance Services or Equipment
NOV 2021
52.209-13 Violation of Arms Control Treaties or Agreements -- Certification
NOV 2021
52.215-6 Place of Performance OCT 1997 52.215-22 Limitations on Pass-Through Charges--Identification of
Subcontract Effort
OCT 2009
52.222-22 Previous Contracts And Compliance Reports FEB 1999 52.222-38 Compliance With Veterans' Employment Reporting
Requirements
FEB 2016
52.223-1 Biobased Product Certification MAY 2012 52.225-25 Prohibition on Contracting with Entities Engaging in Certain
Activities or Transactions Relating to Iran-- Representation and Certifications.
JUN 2020
252.203-7005 Representation Relating to Compensation of Former DoD Officials
NOV 2011
252.204-7008 Compliance With Safeguarding Covered Defense Information Controls
OCT 2016
252.204-7016 Covered Defense Telecommunications Equipment or Services -- Representation
DEC 2019
252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation
MAY 2021
52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAY 2022)
(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 238160.
(2) The small business size standard is $16,500,000.
(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees if the acquisition--
(i) Is set aside for small business and has a value above the simplified acquisition threshold;
(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or
(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.
(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.
(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:
( ) Paragraph (d) applies.
( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.
(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:
(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—
(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;
(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or
(C) The solicitation is for utility services for which rates are set by law or regulation.
(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.
(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation. This provision applies to all solicitations.
(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.
(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—
(A) Are not set aside for small business concerns;
(B) Exceed the simplified acquisition threshold; and
(C) Are for contracts that will be performed in the United States or its outlying areas.
(vi) 52.204-26, 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, Certification Regarding 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, Alternates I, and II). This provision applies to solicitations when the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).
(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.
(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.
(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).
(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 products or commercial services.
(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 $92,319, the provision with its Alternate II applies.
(D) If the acquisition value is $92,319 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 Certification. 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.]
(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 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.
52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT
2020)
(a) Definitions. As used in this provision, “covered telecommunications equipment or services” and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.
(c) Representations.
(1) The Offeror represents that it [ ___ ] does, [ ___ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.
(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.
52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS--
REPRESENTATION (NOV 2015)
(a) Definitions. Inverted domestic corporation and subsidiary have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10).
(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.
(c) Representation. The Offeror represents that--
(1) It [ ___ ] is, [ ___ ] is not an inverted domestic corporation; and
(2) It [ ___ ] is, [ ___ ] is not a subsidiary of an inverted domestic corporation.
52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)
(a) Definitions. As used in this provision--
Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.
Federal contracts and grants with total value greater than $10,000,000 means--
(1) The total value of all current, active contracts and grants, including all priced options; and
(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).
Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).
(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than $10,000,000.
(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:
(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:
(i) In a criminal proceeding, a conviction.
(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.
(iii) In an administrative proceeding, a finding of fault and liability that results in--
(A) The payment of a monetary fine or penalty of $5,000 or more; or
(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.
(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.
(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.
(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).
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 (SEP 2021)
(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--
(1) 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.
(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13
CFR 121.103.
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 238160.
(2) The small business size standard is $16,500,000.
(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce (i.e., nonmanufacturer), is 500 employees if the acquisition--
(i) Is set aside for small business and has a value above the simplified acquisition threshold;
(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or
(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.
(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, [ ___ ]…
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