B05 75H70123R00001 Amendment A000002.pdf

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

(a) By completing items 8 and 15, and returning or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

E. IMPORTANT: Contractor is not is required to sign this document and return copies to the issuing office.

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE

2. AMENDMENT/MODIFICATION NUMBER 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQUISITION NUMBER 5. PROJECT NUMBER (If applicable)

7. ADMINISTERED BY (If other than Item 6) CODE

STANDARD FORM 30 (REV. 11/2016)

Prescribed by GSA FAR (48 CFR) 53.243

FACILITY CODE

9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NUMBER

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended. is not extended.

12. ACCOUNTING AND APPROPRIATION DATA (If required) copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NUMBER AS DESCRIBED IN ITEM 14.

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER

NUMBER IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15C. DATE SIGNED

15A. NAME AND TITLE OF SIGNER (Type or print)

16C. DATE SIGNED

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

PAGE OF PAGES

6. ISSUED BY CODE

8. NAME AND ADDRESS OF CONTRACTOR (Number, street, county, State and ZIP Code) (X)

CODE

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

Previous edition unusable

A00002

N/A

KELLY J. BRITTON

Project: PH22PH01H6, PIMC Maintenance & Improvements (M&I) Renovations

1. Amendment A00002 is issued to incorporate 1) change to SF1442, Block 11, 2) several revised FAR clauses and provisions,

3) revised Attachment J19 - Self Performed Calculation Sheet, 4) Site Visit Agenda and Sign-in Sheet dated November 10, 2022, and 5) Pre-Proposal Inquiries 1-3, dated November 14, 2022.

SEE CONTINUATION PAGE

Division of Eng. Services Seattle 701 Fifth Avenue, Suite 1600 Seattle WA 98104

75H701-23-R-00001

PH22PH01H6

1 20

11/14/2022

10/27/2022

Amendment of Solicitation Amendment A00002 under Solicitation 75H701-23-R-00001 Project PH22PH01H6, PIMC Maintenance & Improvements (M&I) Renovations

1. The purpose of Amendment A00002 is to incorporate the following changes:

a. Change SF1442, Block 11, This performance period is mandatory, See “F.2.” FAR 52.211-10

b. Changes to SECTION I - CONTRACT CLAUSES, FAR clauses incorporated by reference:

i. 52.219-8 Utilization of Small Business Concerns revised from Oct 2018 to Oct 2022

ii. 52.219-14 Limitations on Subcontracting revised from Sep 2021 to Oct 2022

iii. 52.219-28 Post-Award Small Business Program Rerepresentation revised from Sep 2021 to Oct 2022

iv. 52.244-6 Subcontracts for Commercial Products and Commercial Services revised from Jan 2022 to Oct 2022

c. SECTION I - CONTRACT CLAUSES full text FAR clause I.4. FAR 52.225-9 BUY AMERICAN- CONSTRUCTION MATERIALS is revised from NOV 2021 to OCT 2022. See attached clause in full text.

d. SECTION K – REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS full text FAR provision K.5. FAR 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS is revised from SEP 2021 to OCT 2022. See attached provision in full text.

a. Replace Attachment J19 - Self Performed Calculation Sheet (Construction) with the attached revised Attachment J19 - Self Performed Calculation Sheet (Construction) (Amendment A00002), 4 pages.

b. Site Visit Agenda and Sign-in Sheet, dated November 10, 2022, 5 pages

c. Pre-Proposal Inquiries, 1 - 3, dated November 14, 2022, 1 page

2. All other terms and conditions of this solicitation remain unchanged.

SECTION I - CONTRACT CLAUSES (Changes):

I.4. FAR 52.225-9 BUY AMERICAN-CONSTRUCTION MATERIALS (OCT 2022)

(a) Definitions. As used in this clause—

Commercially available off-the-shelf (COTS) item—

(1) Means any item of supply (including construction material) that is–

(i) A commercial product (as defined in paragraph (1) of the definition of “commercial product” at Federal Acquisition Regulation (FAR) 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

"Construction material" means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

Cost of components means—

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

Critical component means a component that is mined, produced, or manufactured in the United States and deemed critical to the U.S. supply chain. The list of critical components is at FAR 25.105.

Critical item means a domestic construction material or domestic end product that is deemed critical to U.S. supply chain resiliency. The list of critical items is at FAR 25.105.

Domestic construction material means—

(1) For construction material that does not consist wholly or predominantly of iron or steel or a combination of both-

(i) An unmanufactured construction material mined or produced in the United States; or

(ii) A construction material manufactured in the United States, if–

(A)The cost of its components mined, produced, or manufactured in the United States exceeds 60 percent of the cost of all its components, except that the percentage will be 65 percent for https://www.acquisition.gov/far/part-2#FAR_2_101 https://www.acquisition.gov/far/part-25#FAR_25_105 items delivered in calendar years 2024 through 2028 and 75 percent for items delivered starting in calendar year 2029. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic. Components of unknown origin are treated as foreign; or

(B) The construction material is a COTS item; or

(2) For construction material that consists wholly or predominantly of iron or steel or a combination of both, a construction material manufactured in the United States if the cost of foreign iron and steel constitutes less than 5 percent of the cost of all components used in such construction material.

The cost of foreign iron and steel includes but is not limited to the cost of foreign iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the construction material and a good faith estimate of the cost of all foreign iron or steel components excluding COTS fasteners. Iron or steel components of unknown origin are treated as foreign. If the construction material contains multiple components, the cost of all the materials used in such construction material is calculated in accordance with the definition of "cost of components".

Fastener means a hardware device that mechanically joins or affixes two or more objects together.

Examples of fasteners are nuts, bolts, pins, rivets, nails, clips, and screws.

Foreign construction material means a construction material other than a domestic construction material.

Foreign iron and steel means iron or steel products not produced in the United States. Produced in the United States means that all manufacturing processes of the iron or steel must take place in the United States, from the initial melting stage through the application of coatings, except metallurgical processes involving refinement of steel additives. The origin of the elements of the iron or steel is not relevant to the determination of whether it is domestic or foreign.

Predominantly of iron or steel or a combination of both means that the cost of the iron and steel content exceeds 50 percent of the total cost of all its components. The cost of iron and steel is the cost of the iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the product and a good faith estimate of the cost of iron or steel components excluding COTS fasteners.

Steel means an alloy that includes at least 50 percent iron, between 0.02 and 2 percent carbon, and may include other elements.

"United States" means the 50 States, the District of Columbia, and outlying areas.

(b) Domestic preference.

(1) This clause implements 41 U.S.C.chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the domestic content test of the Buy American statute is waived for construction material that is a COTS item, except that for construction material that consists wholly or predominantly of iron or steel or a combination of both, the domestic content test is applied only to the iron and steel content of the construction materials, excluding COTS fasteners. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial product or to the construction materials or components listed by the Government as follows:

http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-12#FAR_12_505

________________________________________________[Contracting Officer to list applicable excepted materials or indicate "none"]

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that-

(i)The cost of domestic construction material would be unreasonable.

(A) For domestic construction material that is not a critical item or does not contain critical components.

(1)The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 20 percent;

(2)For construction material that is not a COTS item and does not consist wholly or predominantly of iron or steel or a combination of both, if the cost of a particular domestic construction material is determined to be unreasonable or there is no domestic offer received, and the low offer is for foreign construction material that is manufactured in the United States and does not exceed 55 percent domestic content, the Contracting Officer will treat the lowest offer of foreign construction material that exceeds 55 percent domestic content as a domestic offer and determine whether the cost of that offer is unreasonable by applying the evaluation factor listed in paragraph (b)(3)(i)(A)(1) of this clause.

(3)The procedures in paragraph (b)(3)(i)(A)(2) of this clause will no longer apply as of January 1, 2030.

(B) For domestic construction material that is a critical item or contains critical components.

(1)The cost of a particular domestic construction material that is a critical item or contains critical components, subject to the requirements of the Buy American statute, is unreasonable when the cost of such material exceeds the cost of foreign material by more than 20 percent plus the additional preference factor identified for the critical item or construction material containing critical components listed at FAR 25.105.

(2)For construction material that does not consist wholly or predominantly of iron or steel or a combination of both, if the cost of a particular domestic construction material is determined to be unreasonable or there is no domestic offer received, and the low offer is for foreign construction material that does not exceed 55 percent domestic content, the Contracting Officer will treat the lowest foreign offer of construction material that is manufactured in the United States and exceeds 55 percent domestic content as a domestic offer, and determine whether the cost of that offer is unreasonable by applying the evaluation factor listed in paragraph (b)(3)(i)(B)(1) of this clause.

(3)The procedures in paragraph (b)(3)(i)(B)(2) of this clause will no longer apply as of January 1, 2030.

(ii) The application of the restriction of the Buy American statute to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American statute.

(1)

(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including-

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material.

However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Material Price Comparison Construction Material

Description Unit of Measure Quantity Price (Dollars)*

Item 1:

Foreign construction material _____ _____ _____ Domestic construction material

Item 2:

Foreign construction material _____ _____ _____ Domestic construction material

[* Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued)].

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response;

if oral, attach summary.]

[Include other applicable supporting information.]

(End of clause)

SECTION K – REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF

OFFERORS (CHANGES):

K.5. FAR 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (Oct 2022)

(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, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. 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 its field of operation, 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-https://www.ecfr.gov/current/title-13/part-127 https://www.ecfr.gov/current/title-13/section-127.300 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.ecfr.gov/current/title-13/part-121

(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, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300.

(b)

(1) The North American Industry Classification System (NAICS) code for this acquisition is ________ [insert NAICS code].

(2) The small business size standard is _______ [insert size standard].

(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—

(i) it □ is, □ is not a small business concern; or

(ii) It □ is, □ is not a small business joint venture that complies with the requirements of 13 CFR 121.103(h) and 13 CFR 125.8(a) and (b). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: __.]

(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) joint venture eligible under the WOSB Program. The offeror represents as part of its offer that it □ is, □ is not a joint venture that complies with the requirements http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101&num=0&edition=prelim https://www.ecfr.gov/current/title-13/part-127 https://www.ecfr.gov/current/title-13/section-127.300 https://www.ecfr.gov/current/title-13/section-121.103#p-121.103(h) https://www.ecfr.gov/current/title-13/section-121.103#p-121.103(h) https://www.ecfr.gov/current/title-13/section-125.8#p-125.8(a) https://www.ecfr.gov/current/title-13/section-125.8#p-125.8(b)

Project PH22PH01H6, PIMC Maintenance & Improvements (M&I) Renovations of 13 CFR 127.506(a) through (c). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: __.]

(5) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The offeror represents as part of its offer that it □ is, □ is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: __.]

(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

(i) It □ is, □ is not a service-disabled veteran-owned small business concern; or

(ii) It □ is, □ is not a service-disabled veteran-owned joint venture that complies with the requirements of 13 CFR 125.18(b)(1) and (2). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: __.] Each service-disabled veteran-owned small business concern participating in the joint venture shall provide representation of its service-disabled veteran-owned small business concern status.

(8) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that-

(i) It □ is, □ is not a HUBZone small business concern listed, on the date of this representation, as having been certified by SBA as a HUBZone small business concern in the Dynamic Small Business Search and SAM, and will attempt to maintain an employment rate of HUBZone residents of 35 percent of its employees during performance of a HUBZone contract (see 13 CFR 126.200(e)(1)); and

(ii) It □ is, □ is not a HUBZone joint venture that complies with the requirements of 13 CFR 126.616(a) through (c). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: __.] Each HUBZone small business concern participating in the HUBZone joint venture shall provide representation of its HUBZone status.

(d) Notice. Under 15 U.S.C.645(d), any person who misrepresents a firm’s status as a business concern that is small, HUBZone small, small disadvantaged, service-disabled veteran-owned small, economically disadvantaged women-owned small, or women-owned small eligible under the WOSB Program in order to obtain a contract to be awarded under the preference programs established pursuant to section 8, 9, 15, 31, and 36 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, shall-

(1) Be punished by imposition of fine, imprisonment, or both;

(2) Be subject to administrative remedies, including suspension and debarment; and

(3) Be ineligible for participation in programs conducted under the authority of the Act.

(End of provision) https://www.ecfr.gov/current/title-13/section-127.506#p-127.506(a) https://www.ecfr.gov/current/title-13/section-127.506#p-127.506(c) https://www.ecfr.gov/current/title-13/section-125.18#p-125.18(b)(1) https://www.ecfr.gov/current/title-13/section-125.18#p-125.18(b)(2) https://www.ecfr.gov/current/title-13/section-126.200 https://www.ecfr.gov/current/title-13/section-126.616#p-126.616(a) https://www.ecfr.gov/current/title-13/section-126.616#p-126.616(a) https://www.ecfr.gov/current/title-13/section-126.616#p-126.616(c)

Attachment J19. Self-Performed Calculation Sheet (Amendment A00002) PH22PH01H6, PIMC M&I Renovations

SELF-PERFORMED CALCULATION SHEET

INSTRUCTIONS FOR CALCULATION OF SELF-PERFORMED WORK IAW “Limitations on Subcontracting” (FAR 52.219-14 (Oct 2022) and/or FAR 52.219-17)

Offeror’s are to identify self-performance IAW CFR Title 13: Business Credit and Assistance, Chapter I, PART 125— GOVERNMENT CONTRACTING PROGRAMS § 125.6 Prime contractor performance requirements (limitations on subcontracting). https://www.ecfr.gov/current/title-13/chapter-I/part-125/section-125.6

SELF PERFORMED CALCULATIONS for Construction Firms, it will not pay more than 85% (75% for special trade contractors) of the amount paid by the government to it to firms that are not similarly situated. Any work that a similarly situated subcontractor further subcontracts will count towards the 85% subcontract amount that cannot be exceeded.

Cost of materials are excluded and not considered to be subcontracted. (See Page 3 for clarifications on “similar situated” entities).

OFFEROR’S SELF PERFORMANCE WORKSHEET:

Offeror’s are required to complete this Worksheet for this Contract.

a) Offeror’s total proposed price (base + option(s)) $___________

b) Subtract profit or fees $___________

c) Subtract cost of materials $___________

d) Subtract Offeror’s total estimated cost of contract performance incurred for NON similar situated entities $___________

e) Offeror’s total estimated cost of contract performance for similar situated entities (a-b-c-d=e)

f) Offeror’s percentage of “similar situated” entities work (e/a x 100% = %) ________%

List of Proposed Prime Contractor and Subcontractors, their work activities and value:

Prime Contractor/Subcontractor Concern Status

(i.e., SB, 8(a), SDB, SDVOSB, HUBZone, etc.)

Work Activities $ Value

(Can add additional sheet if necessary) https://www.ecfr.gov/current/title-13/chapter-I/part-125/section-125.6

At completion of this Contract, the awardee shall complete and submit the following calculations to the Contracting Officer for the actual results achieved.

a) Offeror’s total proposed price (base + option(s)) $___________

b) Subtract profit or fees $___________

c) Subtract cost of materials $___________

d) Subtract Offeror’s total estimated cost of contract performance incurred for NON similar situated entities $___________

e) Offeror’s total estimated cost of contract performance for similar situated entities (a-b-c-d=e)

f) Offeror’s percentage of “similar situated” entities work (e/a x 100% = %) ________%

Signed at submission of Contract proposal:

Name: ___________________________________ Title: ______________________________________

Signature: _________________________________ Date: ______________________________________

Signed at completion of Contract:

Name: ___________________________________ Title: ______________________________________

Signature: _________________________________ Date: ______________________________________

Definitions: “Concern Status” means the SBA determined status of the firm, the small business program status as that which qualified the prime contractor for the award, and that is considered small for the NAICS code the prime contractor assigned to the subcontract the subcontractor will perform. These include Small Business, 8(a) participants, Small Disadvantaged Businesses (SDB), HUBZone Small Business concerns, Service-Disabled Veteran-Owned Small Business (SDVOSB) concerns, and Economically Disadvantaged Women-Owned Small Business (EDWOSB) concerns and Women- Owned Small Business (WOSB) concerns eligible under the WOSB Program. If none of these apply, the concern would be a Large Business.

(FAR 52.219-14 Limitations on Subcontracting (OCT 2022)— “Similarly situated entity” means a first-tier subcontractor, including an independent contractor, that has the same small business program status as that which qualified the prime contractor for the award, and that is considered small for the NAICS code the prime contractor assigned to the subcontract the subcontractor will perform. An example of a similarly situated entity is a first-tier subcontractor that is a HUBZone small business concern for a HUBZone setaside or sole source award under the HUBZone Program.]

(13 CFR 125.6) § 125.6 What are the prime contractor's limitations on subcontracting?

(a) General. In order to be awarded a full or partial small business set-aside contract with a value greater than the simplified acquisition threshold (as defined in the FAR at 48 CFR 2.101)” in paragraph (a) introductory text; and an 8(a) contract, an SDVO SBC contract, a HUBZone contract, a WOSB or EDWOSB contract pursuant to part 127 of this chapter, a small business concern must agree that:

(3) In the case of a contract for general construction, it will not pay more than 85% of the amount paid by the government to it to firms that are not similarly situated. Any work that a similarly situated subcontractor further subcontracts will count towards the 85% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(4) In the case of a contract for special trade contractors, no more than 75% of the amount paid by the government to the prime may be paid to firms that are not similarly situated. Any work that a similarly situated subcontractor further subcontracts will count towards the 75% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(c) Subcontracts to similarly situated entities. A small business concern prime contractor that receives a contract listed in paragraph (a) of this section and spends contract amounts on a subcontractor that is a similarly situated entity shall not consider those subcontracted amounts as subcontracted for purposes of determining whether the small business concern prime contractor has violated paragraph (a) of this section, to the extent the subcontractor performs the work with its own employees. Any work that the similarly situated subcontractor does not perform with its own employees shall be considered subcontracted SBA will also exclude a subcontract to a similarly situated entity from consideration under the ostensible subcontractor rule (§ 121.103(h)(4)). A prime contractor may no longer count a similarly situated entity towards compliance with the limitations on subcontracting where the subcontractor ceases to qualify as small or under the relevant socioeconomic status.

Example 1 to paragraph (c):

An SDVO SBC sole source contract is awarded in the total amount of $500,000 for hammers. The prime contractor is a manufacturer and subcontracts 51% of the total amount received, less the cost of materials ($100,000) or $204,000, to an SDVO SBC subcontractor that manufactures the hammers in the U.S. The prime contractor does not violate the limitation on subcontracting requirement because the amount subcontracted to a similarly situated entity (less the cost of materials) is excluded from the limitation on subcontracting calculation.

Example 2 to paragraph (c):

A competitive 8(a) BD contract is awarded in the total amount of $10,000,000 for janitorial services. The prime contractor subcontracts $8,000,000 of the janitorial services to another 8(a) BD certified firm. The prime contractor does not violate the limitation on subcontracting for services because the amount subcontracted to a similarly situated entity is excluded from the limitation on subcontracting.

https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=d254fd6f55dec6a6ba3d0fb8c22b9aa4&term_occur=999&term_src=Title:13:Chapter:I:Part:125:125.6 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=28ecffbfcc51433405558dc74cf1be8f&term_occur=999&term_src=Title:13:Chapter:I:Part:125:125.6 https://www.law.cornell.edu/cfr/text/48/2.101 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=28ecffbfcc51433405558dc74cf1be8f&term_occur=999&term_src=Title:13:Chapter:I:Part:125:125.6 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=28ecffbfcc51433405558dc74cf1be8f&term_occur=999&term_src=Title:13:Chapter:I:Part:125:125.6 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=28ecffbfcc51433405558dc74cf1be8f&term_occur=999&term_src=Title:13:Chapter:I:Part:125:125.6 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=28ecffbfcc51433405558dc74cf1be8f&term_occur=999&term_src=Title:13:Chapter:I:Part:125:125.6 https://www.law.cornell.edu/cfr/text/13/part-127 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=25f1b362914d0022585ec32bf708ede2&term_occur=999&term_src=Title:13:Chapter:I:Part:125:125.6

Example 3 to paragraph (c):

A WOSB set-aside contract is awarded in the total amount of $1,000,000 for landscaping services. The prime contractor subcontracts $500,001 to an SDVO SBC subcontractor that is not also a WOSB under the WOSB program. The prime contractor is in violation of the limitation on subcontracting requirement because it has subcontracted more than 50% of the contract amount to an SDVO SBC subcontractor, which is not considered similarly situated to a WOSB prime contractor.

SITE VISIT

RFP 75H701-23-R-00001

PH22PH01H6, PIMC Maintenance & Improvements (M&I) Renovations Phoenix Indian Medical Center, 4212 N 16th Street, Phoenix, AZ 85016

November 10, 2022 @ 11:00 AM MST Agenda

Welcome and Introduction of Government Team

Contracting Officer: Kelly Britton Contracting Officer’s Representative: Brandon Groh Contracting Officer’s Representative (Alt): Derrick Buck Facility Manager: Doug Barber

• Purpose of site visit is a walkthrough of the jobsite. Scope clarifications shall be put in writing from the prime contractor.

o Offerors shall submit all questions concerning this solicitation in writing to the Contracting

Officer at Kelly.Britton@ihs.gov o Amendment(s) will be issued with copies of all solicitation Request for Information (RFI) / questions & answers

Solicitation Information

• Purpose of the Project:

The purpose of this project is for the completion of a number of maintenance and improvement (M&I) projects on the Phoenix Indian Medical Center (PIMC) campus with an overall effort to address code compliance as well as improve general safety, cleanliness, and appearance. The work includes abatement of asbestos containing VCT and mastic, as well as replacement of VCT and rubber cove base, ceramic floor and wall tiles, ceiling tiles and t-grid, countertops and workstations, and office furniture. Work also includes mechanical HVAC improvements, interior and exterior painting, roof replacement, trash enclosure construction, fire sprinkler inspection and replacement, and fire alarm panel replacement.

• POP – 300 calendar days from NTP

• This solicitation is 100% Small Business Set-Aside

• Insurance Requirements in accordance with H.5. Insurance

• Davis-Bacon Wage Determinations apply & may update before award

• Bonds: (using proper forms) o Bid Bond is required (FAR 52.228-1) o Payment and Performance Bonds required (using proper forms) (FAR 52.228-15)

• Refer to “L.12. PROPOSAL PREPARATION INSTRUCTIONS” and “L.13. GENERAL INSTRUCTIONS” regarding proposal document requirements o The offeror’s proposal must be submitted in two (2) volumes mailto:Kelly.Britton@ihs.gov

SITE VISIT

RFP 75H701-23-R-00001

PH22PH01H6, PIMC Maintenance & Improvements (M&I) Renovations Phoenix Indian Medical Center, 4212 N 16th Street, Phoenix, AZ 85016

November 10, 2022 @ 11:00 AM MST Solicitation Timeline

Milestone/Activity Date/Time Solicitation Issued 10/27/2022 Site Visit 11/10/2022 @ 11:00 AM MST RFI cut-off date (10 calendar days prior to the proposal receipt date) 12/2/2022

Proposal Due Date 12/13/2022 @ 2:00 PM MST Estimated Contract Award Date 1/13/2023

Amendment A00002 under Solicitation 75H701‐23‐R‐00001 Project PH22PH01H6, PIMC Maintenance & Improvements (M&I) Renovations

INDIAN HEALTH SERVICE

DIVISION OF ENGINEERING

SERVICE

PRE-PROPOSAL INQUIRIES

Solicitation 75H701-23-R-00001

PROJECT:

PIMC Maintenance & Improvements (M&I) Renovations

LOCATION: Phoenix, AZ

PROJECT NO: PH22PH01H6

DOCUMENT

OWNER: Kelly Britton PHONE: 602-364-5081 DOCUMENTS:

DATE: 11/14/2022 DEPARTMENT: IHS/PAO/DFE

Item No.

Reference Drawing, Spec, Page COMMENTS POC IHS Approved Response

Amendment A00002 dated 11/14/2022

1. RFP

Section L Page 57, Section L.13.(1)(i)(C) States “The technical proposal must be legible and not exceed fifteen (15) pages, single sided”. There’s contradictory information on page 59 Factor 3 Submittal Requirements that states, “The Offeror shall submit a narrative, not‐to exceed twenty (20) single sided, ten (10) double‐sided, 8 ½”x11” pages”. Please confirm if technical proposal is limited to 15 or 20 pages.

CO Technical proposals shall not exceed 20 pages.

2. RFP Does IHS have letter authorizing GSA schedule pricing for systems furnishings?

CO Yes, a Letter of Authorization will be provided after contract award, as requested by the awardee.

3. Tile SOW calls for "Replace approximately 1,488 sf of lead containing ceramic floor and wall tile with new ceramic tile with epoxy grout", has a hazardous material survey been completed and if so, can a copy be provided?

COR/

PM

The latest asbestos survey is included on SAM.gov as “Attachment J07 – PIMC Asbestos Survey Feb 2003.pdf.”