24B2505 solicitation paving idiq.pdf

Regional Indef inite Delivery Indefinite Quantity (IDIQ) IDIQ Miscellaneous Paving Maintenance and Repair Contract NSA Mechanicsburg/NSA Philadelphia Sites

Competition Requirements: This solicitation is being solicited as a Competitive, 8(a) Set-Aside.

A ll questions concerning this solicitation shall be adressed in w riting to Er ik Cole at erik.w .cole2.civ@us.navy.mil

X

ERIK W. COLE (757) 341-1662

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

13-Dec-2024

(RFP)

(IFB)

CA LL:

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 CF R) 53.236-1(e)

11. The Contractor shall begin perf ormance w ithin _______ calendar days and complete it w ithin ________ calendar days after receiving aw ard, notice to proceed. This performance period is X mandatory, negotiable. (See _________________________

12 A . THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE A ND PAY MENT BONDS?

( If "YES," indicate within how many calendar days after award in Item 12B.)

X YES NO

13. A DDITIONAL SOLICITA TION REQUIREMENTS:

A. Sealed of f ers in original and __________1 copies to perf orm the w ork required are due at the place specified in Item 8 by ___________ local time ______________13 Jan 2025 (date). If this is a sealed bid solicitation, of f ers must be publicly opened at that time.

shall be marked to show the of f eror's name and address, the solicitation number, and the date and time of f ers are due.

B. An of fer guarantee X is, is not required.

C. All of fers are subject to the (1) w ork requirements, and (2) other provisions and clauses incorporated in the solicitation in f ull text or by ref erence.

D. Of f ers providing less than _______120 calendar days f or Government acceptance af ter the date of f ers 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 "offe r" se ction on the r eve rs e must be fully com ple ted by offer or .

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. CALENDA R DAY S

02:00 PM (hour)

Sealed envelopes containing off ers

5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.

8. A DDRESS OFFER TO (If Other Than Item 7)

FA X:TEL: TEL: FAX:

N4008524B2505 75

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 FA CILITY CODE

17. The of feror agrees to perf orm the work required at the prices specif ied below in strict accordance w ith the terms of this solicitation, if this of fer is accepted by the Government in w r iting w ithin ________ calendar days after the date of fers are due.

the minimum requirements stated in Item 13D . Failure to insert any numb er means the offeror accepts the minimum in Item 13D.)

A MOUNTS SEE SCHEDULE OF PRICES

18. The of feror agrees to f urnish any required perf ormance and payment bonds.

19. A CKNOWLEDGMENT OF AMENDMENTS

(The o fferor acknowledges receipt o f amendments to the so lic itation -- give number and date of each)

A MENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON A UTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS A CCEPTED:

22. AMOUNT 23. ACCOUNTING A ND APPROPRIA TION DATA

24. SUBMIT INVOICES TO A DDRESS SHOWN IN ITEM

(4 c opies unless otherwis e speci fied)

CODE

(Insert any number equal to or greater than

20C. OFFER DA TE

25. OTHER THAN FULL A ND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

CODE27. PAYMENT WILL BE MA DE BY:26. ADMINISTERED BY

(Include ZIP Code)14. NAME A ND ADDRESS OF OFFEROR 15. TELEPHONE NO. (Include area code)

See Item 14

(Include only if different than Item 14)16. REMITTA NCE ADDRESS

30B. SIGNATURE

29. AWARD (Contractor i s not required to sign this document.)

document and retu rn _______ c opies to iss uing office.) Contrac tor agrees Y our of fer on th is s olicita tion, is hereby acc epted as to the item s li sted. This award con-to f urnish and del iv er a ll i tems or perform al l work , requ isi tions identi fied s umm ates the c ontract, which c ons ists of (a) the Gov ernm ent s olicita tion and on this form and any continuation sheets for the c ons ideration sta ted in this y our of f er, and (b) this c ontract award. No f urther con tractual document is contrac t. The rights and obligations o f the parties to thi s contrac t shall be necessary .

gov erned by (a) this contract award, (b) the s oli citation, and (c) the clauses, representations , certi fications , and specif ic ations or inc orporated by ref er-ence in or attached to this contract.

30A. NAME AND TITLE OF CONTRA CTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)

30C. DATE

(Type or print)

TEL: EMAIL:

31B. UNITED STATES OF A MERICA 31C. AWARD DATE

BY

CONTRACTING OFFICER W ILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contrac tor is required to sign th is28. NEGOTIATED AGREEMENT

(M ust be ful l y completed by offer or )OFFER

N4008524B2505

Section 00 10 00 - Solicitation

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Project CLIN 0001 - Base Year

FFP

Indefinite Delivery Indefinite Quantity (IDIQ) Contract for Miscellaneous Paving Maintenance and Repair Contract, NSA Mechanicsburg /NSA Philadelphia Sites.

Total Price for CLIN 0001 represents the total amount for Exhibit Line Items (ELINs) A001-A099.

FOB: Destination

PSC CD: Y1LB

NET AMT

0002 1 Project OPTION CLIN 0002 - Option Year 1

FFP

Indefinite Delivery Indefinite Quantity (IDIQ) Contract for Miscellaneous Paving Maintenance and Repair Contract, NSA Mechanicsburg /NSA Philadelphia Sites.

Total Price for CLIN 0002 represents the total amount for Exhibit Line Items (ELINs) B001-B099.

0003 1 Project OPTION CLIN 0003 - Option Year 2

FFP

Indefinite Delivery Indefinite Quantity (IDIQ) Contract for Miscellaneous Paving Maintenance and Repair Contract, NSA Mechanicsburg /NSA Philadelphia Sites.

Total Price for CLIN 0003 represents the total amount for Exhibit Line Items (ELINs) C001-C099.

0004 1 Project OPTION CLIN 0004 - Option Year 3

FFP

Indefinite Delivery Indefinite Quantity (IDIQ) Contract for Miscellaneous Paving Maintenance and Repair Contract, NSA Mechanicsburg /NSA Philadelphia Sites.

Total Price for CLIN 0004 represents the total amount for Exhibit Line Items (ELINs) D001-D099.

0005 1 Project OPTION CLIN 0005 - Option Year 4

FFP

Indefinite Delivery Indefinite Quantity (IDIQ) Contract for Miscellaneous Paving Maintenance and Repair Contract, NSA Mechanicsburg /NSA Philadelphia Sites.

Total Price for CLIN 0005 represents the total amount for Exhibit Line Items (ELINs) E001-E099.

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 00 - Instructions

INSTRUCTIONS TO OFFERORS

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-BID CONFERENCE AND SITE VISIT

3.2 BID SUBMISSION INSTRUCTIONS

3.3 PRE-BID INQUIRIES (PPIs)

4. ATTACHMENTS: May be located on the contract opportunities

Attachment 1 – Appendix B Statement of Work Attachment 2 – Pre-Proposal Inquiry (PPI) Form Attachment 3 – Excavation and Handling of Contaminated Material Attachment 4 – Supplementary Instructions for Paving IDIQ Attachment 5 – Activity Hazard Analysis Attachment 6 – Machinery and Mobile Equipment List Attachment 7 – Contractor Production Report Attachment 8 – NAVFAC Initial Mishap Notice Form Attachment 9 – Contractor Bid Sheet ELINS Attachment 10 – PIEE Vendor Access Instructions

1. GENERAL

1.1 GENERAL OVERVIEW OF PROCUREMENT PROCESS

Procurement Method: This acquisition will be advertised utilizing FAR Part 14 – Sealed Bidding resulting in an Indefinite Delivery / Indefinite Quantity (IDIQ) contract for construction services.

Competition Requirements: This solicitation is being solicited as a Competitive, 8(a) Set-Aside.

NAICS: The appropriate NAICS code for this procurement is 237310 – Highway, Street, and Bridge Construction, and the small business size standard is $45,000,000.

1.2 GENERAL OVERVIEW OF CONTRACT

Contract Title: Indefinite Delivery Indefinite Quantity Contract for Miscellaneous Paving Maintenance and Repair Contract, Naval Support Activity (NSA) Mechanicsburg /Naval Support Activity (NSA) Philadelphia Sites.

Work Order # 1808625 – Provided via Attachment 1

Description: This is a Regional Indefinite Delivery / Indefinite Quantity (IDIQ) contract to provide paving, curbs, slabs, striping, repair, excavation, paving sweeping, and snow removal work located within the area of responsibility of NAVFACV Mid-Atlantic, Public Works Department Pennsylvania, Facilities Engineering and Acquisition Division Sites.

Types of work to be included in this contract are as follows, but are not limited to: Excavation and removal or replacement of deteriorated paved surfaces; Construction of new stone and bituminous surfaces;

Overlay of existing ramp slabs and surfaces; Spot patching of existing bituminous paving; Stabilization of shoulders and application of bituminous tack coat, surface treatment, and sealing of cracks; Removal or replacement of concrete curbs, sidewalks, ramps, windowsills, floors, walls, block, bricks and bituminous surface areas; Saw cutting of asphalt and concrete, resetting manholes and catch basins, resetting curbing, and, wheel stops; Crack and joint repairs; Street marking of driving surfaces which, are to be thoroughly cleaned of dust, dirt, and other granular debris; Removal of existing paint, and other coatings adhering to the surface; Application of Sod and seeding, or reseeding as required; Disposal of all removed materials off Government property; Snow Removal to locations on-base as needed; and Engineering Drawings and Specifications.

Term of the Contract: The duration of the contract will be for a base plus 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).

Minimum Guarantee: The Government will issue a minimum guarantee in the amount of $5,000.00 to the successful bidder via task order. The minimum guarantee covers the full term of the contract to include all option years.

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 00 70 00 – Contract Clauses and Section 01 00 00 – General Requirements.

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

Evaluation of Bids: 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 001000 -Solicitation, 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-A099, B001-B099, C001-C099, D001-D099, and E001-E099 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 00 21 13, FAR 52.217-5 Evaluation of Options (JUL 1990).

3. BID REQUIREMENTS

3.1 PRE-BID CONFERENCE AND SITE VISIT: A site visit is not anticipated for this procurement.

3.2 BID SUBMISSION INSTRUCTIONS:

The bidder shall submit one electronic bid with the following:

- Cover page with solicitation number, solicitation title, bidder name, address, phone number, fax number, Unique Entity Identifier (UEI), Employer Identification Number (EIN), CAGE code, Point of Contact (POC), POC Title, POC phone number, and POC email address;

- Completed SF 1442 signed with all amendments acknowledged;

- Exhibit Line Items (ELINs), Excel Spreadsheet (Electric copy) A001-E099 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 2023/2024 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 3. 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 IFB files, along with any amendments, from Opportunities (https://piee.eb.mil and https://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 their 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: Refer to section 00 73 00 of the Solicitation for Payment Instructions.

Bonding Requirements: A bid guarantee is required; Payment and Performance bonds are required; 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 inquiries must be submitted in writing and received by the Contract Specialist fourteen (14) calendar days prior to the solicitation closing 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 inquiries to Erik Cole at erik.w.cole2.civ@us.navy.mil. Use of “Attachment 2 Pre-Proposal Inquiry Form” template is required. The PPI Form Template (Attachment 2) can be found on https://piee.eb.mil and https://www.sam.gov. Please include the solicitation number and title in the subject line of the email when submitting PPIs.

**General note - This Invitation for Bid includes FAR 52.204-7 System for Award Management (Nov 2024), but due to software limitations, FAR 52.204-7 System for Award Management (Oct 2018) shows in the list of provisions. This will be updated to the current provision as soon as it's available. In accordance with FAR 52.252-1, full text of the solicitation provision may be accessed electronically at https://www.acquisition.gov.

CLAUSES INCORPORATED BY REFERENCE

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014 52.204-7 System for Award Management OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 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 52.214-7 Late Submissions, Modifications, and Withdrawals of Bids NOV 1999 52.214-18 Preparation of Bids-Construction APR 1984 52.214-19 Contract Award-Sealed Bidding-Construction AUG 1996 52.214-34 Submission Of Offers In The English Language APR 1991 52.214-35 Submission Of Offers In U.S. Currency APR 1991 52.232-15 Progress Payments Not Included APR 1984 252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements MAR 2022

CLAUSES INCORPORATED BY FULL TEXT

52.211-14 NOTICE OF PRIORITY RATING FOR NATIONAL DEFENSE, EMERGENCY PREPAREDNESS, AND ENERGY PROGRAM USE (APR 2008)

Any contract awarded as a result of this solicitation will be DX rated order; X DO rated order certified for national defense, emergency preparedness, and energy program use under the Defense Priorities and Allocations System (DPAS) (15 CFR 700), and the Contractor will be required to follow all of the requirements of this regulation. [Contracting Officer check appropriate box.]

(End of provision)

52.214-6 EXPLANATION TO PROSPECTIVE BIDDERS (APR 1984)

Any prospective bidder desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must request it in writing soon enough to allow a reply to reach all prospective bidders before the submission of their bids. Oral explanations or instructions given before the award of a contract will not be binding. Any information given a prospective bidder concerning a solicitation will be furnished promptly to all other prospective bidders as an amendment to the solicitation, if that information is necessary in submitting bids or if the lack of it would be prejudicial to other prospective bidders.

52.214-15 PERIOD FOR ACCEPTANCE OF BIDS (APR 1984)

In compliance with the solicitation, the bidder agrees, if this bid is accepted within sixty (60) calendar days unless a different period is inserted by the bidder) 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)

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of an Indefinite Delivery/Indefinite Quantity contract resulting from this solicitation.

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).

52.222-23 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

17.3% 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 Programs office.

(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;

(2) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(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 Public Works Department (PWD) Pennsylvania Area of Responsability (AOR).

52.225-12 NOTICE OF BUY AMERICAN REQUIREMENT-- CONSTRUCTION MATERIALS UNDER

TRADE AGREEMENTS (MAY 2014)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “designated country construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American -- Construction Materials Under Trade Agreements” (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 clause 52.225-11.

(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 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.

52.228-1 BID GUARANTEE (SEP 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States.

The Contracting Officer will return bid guarantees, other than bid bonds, (1) to unsuccessful bidders as soon as practicable after the opening of bids, and (2) to the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.-

(c) The amount of the bid guarantee shall be 20 percent of the bid price or $3,000,000, whichever is less.-

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.-

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

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:

John Bishop Contracting Officer NAVFAC Mid-Atlantic, Contracting Support Line Construction & Design, (CON21) 9324 Virginia Avenue Building Z-140; Room 225 Norfolk, VA 23511

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

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) Please refer to Section 00 21 00 INSTRUCTIONS Pre-Proposal Conference and Site Visit.

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

https://www.acquisition.gov/

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

(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 FAR and DFARS (48 CFR Chapters 1 and 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

Section 00 45 00 - Representations and Certifications

52.203-11 Certification And Disclosure Regarding Payments To

Influence Certain Federal Transactions

SEP 2007

52.204-17 Ownership or Control of Offeror AUG 2020 52.204-20 Predecessor of Offeror AUG 2020 52.209-13 Violation of Arms Control Treaties or Agreements --

Certification

NOV 2021

52.219-2 Equal Low Bids OCT 1995 52.222-22 Previous Contracts And Compliance Reports FEB 1999 52.222-25 Affirmative Action Compliance APR 1984 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

52.229-11 Tax on Certain Foreign Procurements--Notice and Representation

JUN 2020

252.203-7005 Representation Relating to Compensation of Former DoD Officials

SEP 2022

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

252.223-7997 (Dev) Prohibition on Procurement of Certain Items Containing Perfluorooctane Sulfonate or Perfluorooctanoic Acid - Representation (DEVIATION 2022-O0010)

SEP 2022

252.225-7057 Preaward Disclosure of Employment of Individuals Who Work in the People's Republic of China

AUG 2022

252.225-7973 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems - Representation (DEVIATION 2024- O0014)

AUG 2024

252.236-7006 Cost Limitation JAN 1997

CLAUSES INCORPORATED BY FULL TEXT

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (DEC 2022)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 237310.

(2) The small business size standard is $45,000,000.

(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 II and III.)

This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $50,000, the basic provision applies.

(B) If the acquisition value is $50,000 or more but is less than $92,319, the provision with its Alternate II applies.

(C) 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:

X (i) 52.204-17, Ownership or Control of Offeror.

X (ii) 52.204-20, Predecessor of Offeror.

(iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

(iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.

(v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.

(vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA- Designated Products (Alternate I only).

(vii) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

(viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The Offeror has completed the annual representations and certifications electronically in SAM accessed through https://www.sam.gov. After reviewing the SAM information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [ offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-- Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that--

(1) It [ ___ ] will, [ ___ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(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 use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that…