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Attachment A
INSTRUCTION TO CONTRACTORS
Disclosure of Magnitude in accordance with FAR 36.204: Between $25,000 and $100,000
SITE VISIT DETAILS:
Date: Tuesday May 18th, 2021 Time: 10:00 AM Central Time Location: U.S. Geological Survey, EROS Center, 47914 252nd Street, Sioux Falls, SD 57198 Meet at: EROS Visitors Lobby
All entering MUST be US Citizens and have a valid Government-issued identification to enter the building. Please arrive at the Visitor's Lobby at the prescribed time only.
Contractors shall complete and submit the Attachment B security document and a copy of their business license prior to the site visit in order to receive project drawings (if applicable). Any contractor who does not provide the required documents will not be provided drawings.
Drawings or schematics, if applicable, will be provided at the site visit.
All contractors interested in attending the site visit shall send a confirmation email to:
Erick Plamann, eplamann@usgs.gov
The Site Visit confirmation email shall include:
-Company Name -Number and Names of Attendees -Attachment 1: Completed Security Document -Attachment 2: Copy of Business License
*Prime contractor is responsible for ensuring necessary subcontractors are present during the site visit. *
QUESTIONS:
All questions shall be submitted via email to eplamann@usgs.gov no later than 12:00 Noon Central Time, Tuesday, June 2nd, 2021.
*Please select one representative from your company to submit all questions regarding the RFQ*
A discounted firm-fixed priced quotation and technical quotation package shall be submitted by 12:00 Noon Central Time, Tuesday, June 8th, 2021.
Quotations shall be submitted via email to eplamann@usgs.gov. Faxed or mailed quotations will not be accepted.
Contractor shall supply the USGS with a thorough quotation packages demonstrating how they meet all requirements within the Statement of Work (SOW) and evaluation criteria.
Quotation packages shall be thorough enough to allow the USGS to perform a proper evaluation in accordance with the evaluation criteria below.
The following information must be submitted along with quotations. Failure to submit this information may deem your quotations non-responsive and your quotations may not be considered.
1) Summary breakdown of all firm-fixed price costs associated with the services requested in the SOW
a. Materials
b. Labor (all labor hours, showing price per hour, per labor category, in accordance with
Construction Wage Rate Requirements (formerly Davis Bacon Act)
c. Labor Classification(s)
d. Sub-Contract Costs
e. Payment Protection Costs (if any)
f. Any other miscellaneous expenses
2) Federal Tax ID Number (TIN)
3) Business Size Classification
4) Dun & Bradstreet (DUNS) Number
5) Warranty (One year construction warranty)
6) Three (3) References:
a) Government or Commercial
b) Job(s) performed must include the same type of work as described in the SOW and performed within the past two (2) years.
c) Brief description of work, company/agency name, contact name, address, telephone number and email address
Attachment C, General wage decision number SD20200028 dated 01/01/2021, is hereby incorporated into this Request for Quotation (RFQ) and will be incorporated into the resulting purchase order. The wage rates and fringe benefits in the wage decision are mandatory minimums that must be paid by the contractor (or subcontractor) to any employee working under the purchase order that results from this
RFQ.
The Contractor will be required to submit weekly certified payroll reports. The prime contractor is responsible for the submission of certified payrolls by all subcontractors. The certified payroll reports may be submitted on Department of Labor Form WH-347 or equivalent form. See FAR 52.222-6, Construction Wage Rate Requirements.
Basis for Award: The award resulting from this RFQ will be based on lowest price technically acceptable (LPTA) quote. The following factors will be evaluated, listed in no particular order of importance:
• Submittal of a Technically Responsive quote based on the requested information listed in the Statement of Work and Instructions to Contractors: The Contractor shall submit a thorough technical quotation package which will allow the USGS to perform a proper evaluation. The quotation must include the Contractor's complete proposed approach to the work stated in the SOW. Failure to address items listed within the Statement of Work or Instructions to Contractors may deem your quotation not technically acceptable.
• Specifications of the proposed materials:
The Contractor shall provide the specifications of the materials to be used for construction. The Contractor shall include sufficient evidence that quoted work and materials meet all requirements stated in the SOW.
• Warranty period: The Contractor shall provide a minimum one-year warranty of construction .
• Past Performance: The Contractor shall provide at least three (3) past performance references
(government or commercial) for the same type of work as described in the SOW, performed within the past two (2) years. At a minimum, the following shall be submitted for each reference: description of project/work, company/agency work was performed for, point of contact, address, telephone number and email address.
Price Evaluation: Contractors shall submit a discounted open market firm-fixed price quote for the following:
1)C lean and CCTV inspection of storm sewer pipes and Dam downstream spillway/outlet
In accordance with FAR subpart 28.1, Bonds and other financial protections, payment protection will be required if the value of the contract is greater than $35,000. The price for bonds (if applicable) shall be included in the Contractor' s firm-fixed price.
(End of Instructions)
Statement of Work
Introduction
The Department of Interior, USGS/Earth Resources Observation and Science (EROS) Center, Sioux Falls, South Dakota is seeking services to clean and CCTV inspection of storm sewer pipes and Dam downstream spillway/outlet works conduit at the Mundt Federal Building located at the EROS Science Center, 47914 252nd Street, Sioux Falls SD 57198.
Background
The Mundt Federal Building located at EROS is comprised of a 1973 original structure and an addition that was constructed in 1996. This project will address the need to clean and document CCTV inspection. The purpose of this project is to provide a structural assessment of the storm sewer system and Dam downstream spillway/outlet works conduit.
Scope
Contractor shall provide all labor, materials, and equipment necessary in support of Project Clean CCTV Inspection, Locate Storm Sewer Pipes and Dam Outlet Works Conduit located at the EROS Science Center, 47914 252nd Street, Sioux Falls SD 57198.
Contractor shall provide all labor, materials, and equipment necessary to complete the services and accomplishment of work required by this Statement of Work (SOW.) Contractor shall perform all work in accordance with the specifications, drawings, and all applicable Federal, State, and local regulations.
This SOW includes:
Attachment A – Project Drawings
Definitions
CO Contracting Officer CS Contract Specialist COR Contracting Officer’s Representative DOI Department of the Interior EROS Earth Resources Observation and Science FAR Federal Acquisition Regulation OSHA Occupational Safety and Health Administration USGS U.S. Geological Survey
Technical Requirements
Work includes the following:
The Contractor shall clean, CCTV inspection of storm sewer pipe and Dam outlet works conduit. The Contractor shall access storm sewer pipes from storm sewer inlets, storm sewer junction boxes, and storm sewer manholes. The Contractor shall locate and mark all deficiencies found during the CCTV inspection above ground by using green survey flags. The Contractor shall also provide pipe depth where deficiencies are noted.
Procedure
Prior to performing CCTV inspection activities, the Contractor shall thoroughly clean the sewer line(s) and service laterals designated to be televised by use of a high pressure jetter. The Contractor shall clean storm sewer lines, structures, inlets and junction boxes by removing tree roots, grit, loose solids and grease.
Water jet performance shall be minimum of 80 gallons per minute at 2,000 PSI.
Unit(s) will be equipped with a minimum of 500’ of 1” internal diameter sewer cleaning hose with working pressure to match the rating of the water pressure.
A minimum of one pass with a maximum of three passes shall be made with the jetter to ensure lines are cleaned. Nozzles used in the cleaning process will accommodate the full flow rating of water jet and will be of proper choice for cleaning application.
Debris shall be washed to the manhole or where jet/vac unit is positioned. Vacuum system performance will be at least 4,500 CFM and will have a minimum 18” Hg vacuum pressure to ensure all debris is efficiently removed from sewer. A hand-held control gun shall be used to thoroughly clean manholes from grade level.
Just prior to performing the video inspection procedure, water must be introduced into the nearest upstream manhole until observed at the nearest downstream manhole.
This will ensure that any pipe segments with bellies are easily identified during CCTV inspection.
All fog shall be evacuated from the pipeline and the pipeline kept clear of any fog during the CCTV inspection process.
CCTV Inspection Television inspection equipment shall have an accurate footage counter that will display on the monitor and record the camera distance from the centerline of the starting manhole.
Footage distance measured by video system shall be accurate within 1% and will be used to determine footages for reporting. The centerline between manholes will be the reference points used to determine footage measurements.
Video inspection shall not exceed a traverse rate of 30’ per minute so that the sewer line can later be thoroughly examined by the owner while viewing the video.
The camera shall be of the remotely operated pan and tilt type. The rotating camera and light head configuration shall have the capability of panning 360° with pan and tilt capability of providing a full view of the pipe to ensure complete inspection of the mainline pipe and service laterals.
The camera, television monitor, and other components shall be color. To ensure peak picture quality throughout all conditions encountered, the color camera shall be equipped with the necessary circuitry to allow for the remote adjustment of the optical focus iris from the power control unit at the viewing station. A variable intensity control of the camera lights shall also be located at the viewing station.
Lighting and camera quality shall be suitable to allow a clear, in-focus picture for the entire inside periphery of pipelines extending at least ten (10) feet in front of the camera. Lighting should be sufficient enough to provide a clear view at least two (2) feet in front of the camera. The replay of the recorded video information shall be free of electrical interference and shall provide a clear stable image.
Camera quality shall be suitable to provide a full 360° view of the pipe during the inspection.
The video camera system shall be capable of performing line segment inspection in increments of 1,000 feet with one setup.
Video inspection observations shall focus on documenting the following deficiencies:
Any bellies in a joint of pipe Joint separations Offset joints Chips in pipe ends Cracked or damaged pipe or evidence of the presence of an external object bearing upon the pipe (rocks, roots, etc.)
Infiltration Roots Storm sewer inlets, storm sewer junction boxes, and manholes shall be inspected to determine structural condition Other obvious deficiencies
Deliverables The title block shall include the following information:
Date Television operator’s identification name, etc.
Storm Sewer segment numbers shall be assigned by COR Upstream manhole number Downstream manhole number Size of storm sewer pipe Pipe material and lining method
Direction of movement of camera and direction of normal flow Location of service connections indicated by clock position and with counter distance in feet from beginning manhole’s centerline
Location (start and end counter distances in feet from the beginning manhole’s centerline) and description of obstructions, structural defects, longitudinal and/or circumferential cracking, joints including open and/or offset joints, ovality, leakage or evidence thereof, break in connections, protruding connections, mineral deposits, roots, previous repairs, deposits on pipe walls, sags, and other abnormalities with respect to the sewer’s condition with counter distance in feet from the beginning manhole’s centerline. CCTV Contractor’s log shall contain the same information.
CD/DVD shall visually display, at a minimum, CCTV Contractor’s name, project name, date of inspection, pipe segment number, manhole numbers or lateral lot numbers. The distance between manholes shall be verified by measuring tape. If the counter distance and the taping distance differ by more than 2 feet per 100 feet, the run shall be re-televised by CCTV Contractor.
A continuous image in complete conformance with these specifications with a full view of the internal pipe surface is required.
CCTV inspection of the Dam outlet works conduit shall be on a separate CD/DVD.
The Contractor shall provide (3) CD/DVD copies to the COR 30 days after completion of CCTV inspection.
Period of Performance
Contract duration shall be 21 days after Notice to Proceed.
Times of Work
Normal duty hours are Monday through Friday, 7:30am to 6:00 pm central time, excluding Federal Holidays. Work on Saturdays may be allowed with the approval of the Contracting Officer’s Representative (COR).
Pre-Construction Meeting
After contract award, and prior to start of construction, the Contractor shall participate in an onsite pre-construction meeting scheduled by the Contracting Specialist. The meeting participants will include Contractor Representatives and Government Representatives.
Progress Inspections
During performance of the work, the COR will perform on-site progress inspections to determine if the Contractor is making reasonable progress towards completion and to ensure the Contractor is performing work in accordance with the technical requirements as outlined in this SOW. These inspections may occur at any time during the course of the contract, at the discretion of the COR.
Inspections and Final Acceptance
Final inspection and acceptance for the Work shall be performed with the Contractor, on site by the COR upon completion of job performance. A continuous image in complete conformance with these specifications with a full view of the internal pipe surface is required. The Contractor shall provide (3) hard copies and (3) CD/DVD Disc of the CCTV inspection to the COR no less than (14) business days after completion of the CCTV inspection.
Project Schedule
The contractor shall submit in writing to the Contracting Officer's Representatives (COR) a schedule of construction for the project within five (5) business days after work (task order) is requested or issued.
The schedule shall indicate the dates of the periods of time that the contractor intends to be on site. The schedule shall indicate the dates that major components of the work will be accomplished. When preparing the schedule, the contractor shall consider lead times for utility outages and material/ equipment procurement. The Contractor shall notify the COR immediately if any anticipated on-site date is expected to change from the original schedule and provide the COR and CO an update schedule within 5 business days. The contractor shall be responsible for determining the labor staffing levels needed to successfully complete the Task Order project by the established delivery date. If applicable, contractor shall coordinate work via the COR with any other contractor(s) that may be performing work on the USGS campus during the period of performance.
Facility Access and Use
Prior to commencement of work, the Contractor shall comply with the security clearance requirements in this contract for all management officials, supervisors, employees, and subcontractors (hereinafter referred to as contractor personnel) who will be working on the site or periodically visiting the site.
For those contractor personnel who are granted a clearance, USGS will provide the contractor with the necessary building passes or entrance onto the EROS Data Center.
The contractor and COR or his/her designee shall sign each pass issued for the contract. The contractor shall maintain a listing of all passes issued on this contract.
The contractor personnel shall provide a photo ID for the issuance of a pass.
The contractor shall notify the COR when any passes are lost and shall pay $5.00 per replacement pass.
The contractor shall ensure that their personnel understand the proper use of the building passes and the following requirements are met at all times.
The contactor personnel shall each have a building pass before they begin work.
The contractor personnel shall carry their passes with them while performing on site and shall show them upon request. The COR or other security personnel will periodically verify passes of the employees with their personnel identification.
Building passes are issued to a specific individual and shall not be used by anyone other than that individual. If one of the contractor personnel uses the pass of another, both shall be removed.
The government reserves the right to require the contractor personnel to “sign-in” and “sign-out” upon entry and exit from the site for safety and security reasons.
Contractor Use of Building Facilities
Government toilet facilities are not available for Contractor use. The Contractor shall provide portable toilet(s) near the job site for their employees’ use. Contractor employees will not be permitted to enter any building.
Contractor Use of Utilities
The Government will provide water needed to perform the work at no cost to the Contractor. The Contractor shall use reasonable conservation practices and use Government-provided utilities in the minimum amounts necessary to complete the work.
Utility Outages
The Contractor shall determine the need for an outage of any utility system in order to perform the required work. The Contractor shall notify COR whenever work requires shutdown of utilities. Request for utility outages shall be submitted to COR at least 72 hours in advance.
Parking
Contractor shall park in assigned parking areas.
Storage of Tools and Materials
The Contractor shall coordinate with COR to determine where tools, equipment and materials can be stored. The Contractor is advised to secure materials, tools, etc. as during the period of work. The Government is not responsible for any lost or stolen items that are left unattended on the property.
Open Flame Work
Contractor shall submit a written request for a hot work permit to the COR prior to any activity utilizing welding, cutting, burning, brazing, soldering, or other process using a torch or open flame. The COR will issue the Contractor a hot work permit.
Excavation and Underground Utilities
The Contractor shall make the required locate request to South Dakota 811 two (2) working days before the planned work. Trenching and excavation work shall be performed with proper emphasis on safety and in accordance with safety standards such as OSHA 1910 and 1926.
Environmentally Preferable Building Products and Materials
The Contractor shall use environmentally preferable products and materials where economically feasible.
Information about environmentally preferable products can be found here:
https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program#products.
Demolition and Removal
The Contractor shall completely remove from the EROS grounds and properly dispose of all demolition materials unless otherwise directed by the COR to retain materials on site.
Construction Waste Management
The Contractor shall maintain a recycling program to dispose of or recycle construction waste. The program must cover the following requirements.
Provide continuous facilities for the recycling of incidental construction waste during construction.
Products may be excluded from the recycling program when there is small quantity of material involved, the extraordinarily complex nature of the waste disposal method, or prohibitive expense for recycling would represent a genuine hardship.
Records of recycled construction materials shall be provided to the COR within 30 days after completion of work.
Records shall include recycled materials by type and weight.
Measurements
Field verification of all measurements (including counting of items), is the responsibility of the Contractor. Contractor is responsible for visiting the worksite to verify measurements and to ascertain the nature and location of the work to be performed and the general and local conditions which may affect the work or the cost thereof.
Failure to do so shall not relieve the Contractor of his/her responsibility for estimating properly the difficulty or cost of successfully performing the work. Drawings furnished may not be to scale.
As-Built Drawings
The Contractor shall maintain one set of full size contract drawings at the job site, marked to show all deviations from the contract drawings that were made in the field. The Contractor shall record the actual horizontal and vertical location of all revealed existing and new structures. These drawings shall be available for review at all times by the COR.
End of Statement of Work
PROVISIONS
52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998)
This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this /these address(es): https://www.acquisition.gov/browse/index/far
(End of provision)
52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (Sep 2007) 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation (Jan 2017) 52.204-05 Women-Owned Business (Other Than Small Business) (Oct 2014) 52.204-06 Unique Entity Identifier (Oct 2016) 52.204-07 System for Award Management (Oct 2018) 52.204-16 Commercial and Government Entity Code Reporting (Jul 2016) 52.204-17 Ownership or Control of Offeror (Jul 2016) 52.204-22 Alternative Line Item Proposal (Jan 2017) 52.209-02 Prohibition on Contracting with Inverted Domestic Corporations-Representation (Nov 2015) 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction (Feb 1999) 52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals- Representation (Dec 2016) 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications (Aug 2018) 52.228-01 Bid Guarantee (Sep 1996)
52.204-8 Annual Representations and Certifications (Jan 2020)
(a) (1) The North American Industry Classification System (NAICS) code for this acquisition is 237110, Water and Sewer Line and Related Structures Construction.
(2) The small business size standard is $39.5 million.
(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.
(b) (1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.
(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:
(i) □ Paragraph (d) applies.
(ii) □ Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.
(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:
(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless-
(A) The acquisition is to be made under the simplified acquisition procedures in part 13;
(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or
(C) The solicitation is for utility services for which rates are set by law or regulation.
(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.
(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal
Confidentiality Agreements or Statements-Representation. This provision applies to all solicitations.
(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.
(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that-
(A) Are not set aside for small business concerns;
(B) Exceed the simplified acquisition threshold; and
(C) Are for contracts that will be performed in the United States or its outlying areas.
(vi) 52.204-26, Covered Telecommunications Equipment or Services-Representation. This provision applies to all solicitations.
(vii) 52.209-2 , Prohibition on Contracting with Inverted Domestic Corporations-
Representation.
(viii) 52.209-5, CertificationRegarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.
(ix) 52.209-11 , Representation by Corporations Regarding Delinquent Tax Liability or a
Felony Conviction under any Federal Law. This provision applies to all solicitations.
(x) 52.214-14, Place of Performance-Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.
(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.
(xii) 52.219-1 , Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.
(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.
(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.
(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.
(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.
(xv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.
(xvi) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.
(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.
(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA-designated items.
(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals- Representation. This provision applies to solicitations that include the clause at 52.204-7.)
(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.
(xxi) 52.225-4, Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225-3.
(A) If the acquisition value is less than $25,000, the basic provision applies.
(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.
(C) If the acquisition value is $50,000 or more but is less than $83,099, the provision with its Alternate II applies.
(D) If the acquisition value is $83,099 or more but is less than $100,000, the provision with its Alternate III applies.
(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.
(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan-
Certification. This provision applies to all solicitations.
(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications. This provision applies to all solicitations.
(xxv) 52.226-2, Historically Black College or University and Minority Institution
Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.
(2) The following representations or certifications are applicable as indicated by the Contracting
Officer:
[Contracting Officer check as appropriate.]
X (i) 52.204-17, Ownership or Control of Offeror.
_ (ii) 52.204-20, Predecessor of Offeror.
_ (iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.
_ (iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment- Certification.
_ (v) 52.222-52, Exemption from Application of the Service Contract Labor Standards to
Contracts for Certain Services-Certification .
_ (vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Alternate I only).
_ (vii) 52.227-6, Royalty Information.
(A) Basic.
(B) Alternate I.
_ (viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.
(d) The offeror has completed the annual representations and certifications electronically in SAM website accessed through https://www.sam.gov. After reviewing the SAM information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months , are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201);
except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.
52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Dec 2019)
The Offeror shall not complete the representation in this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in the provision at 52.204-26, Covered Telecommunications Equipment or Services- Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items.
(a) Definitions. As used in this provision-
"Covered telecommunications equipment or services", "critical technology", and "substantial or essential component" have the meanings provided in clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Prohibition. Section 889(a)(l)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.
Contractors are not prohibited from providing-
(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award
Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".
(d) Representation. The Offeror represents that it □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation.
(e) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it "will" provide covered telecommunications equipment or services", the Offeror shall provide the following information as part of the offer-
(1) A description of all covered telecommunications equipment and services offered
(include brand; model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);
(2) Explanation of the proposed use of covered telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b) of this provision;
(3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known);
and
(4) For equipment, the entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).
52.204-26 Covered Telecommunications Equipment or Services-Representation (Dec 2019)
(a) Definitions. As used in this provision, "covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award
Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".
(c) Representation. The Offeror represents that it □ does, □ does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.
52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Feb 2016)
(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing
Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that-
(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or
(2) Was convicted of a felony criminal violation under any Federal law within the preceding
24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.
(b) The Offeror represents that-
(1) It is □ is not □ a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and
(2) It is □ is not □ a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.
52.219-1 Small Business Program Representations (Oct 2014)
(a) Definitions. As used in this provision-
"Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business concern eligible under the WOSB Program.
"Service-disabled veteran-owned small business concern"-
( 1) Means a small business concern-
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.
(2) "Service-disabled veteran" means a veteran, as defined in 38 U.S.C.101(2), with a disability that is service-connected, as defined in 38 U.S.C.101(16).
"Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and the size standard in paragraph (b) of this provision.
"Small disadvantaged business concern," consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that-
( 1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by-
(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States, and
(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and
(2) The management and daily business operations of which are controlled (as defined at 13 CFR
124.106) by individuals who meet the criteria in paragraphs (l)(i) and (ii) of this definition.
"Veteran-owned small business concern" means a small business concern-
(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C.101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans.
"Women-owned small business concern" means a small business concern-
( 1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and
(2) Whose management and daily business operations are controlled by one or more women.
"Women-owned small business (WOSB) concern eligible under the WOSB Program" (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.
(b) (1) The North American Industry Classification System (NAICS) code for this acquisition is- 237110, Water and Sewer Line and Related Structures Construction.
(2) The small business size standard is $39.5 million.
(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.
(c) Representations. (1) The offeror represents as part of its offer that it □is, □is not a small business concern.
(2) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is, □ is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.
(3) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it □ is, □ is not a women-owned small business concern.
(4) Women-owned small business (WOSB) concern eligible under the WOSB Program.
[Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(3) of this provision.] The offeror represents as part of its offer that-
(i) It □ is, □ is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(4)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.
(5) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a women-owned small business concern eligible under the WOSB Program in (c)(4) of this provision.] The offeror represents as part of its offer that-
(i) It □is, □is not an EDWOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It □is, □is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(5)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: .] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation .
(6) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it □is, □is not a veteran-owned small business concern.
(7) [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(6) of this provision.] The offeror represents as part of its offer that it □is, □is not a service-disabled veteran-owned small business concern.
(8) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(l) of this provision.] The offeror represents, as part of its offer, that-
(i) It □is, □is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and
(ii) It □is, □is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(8)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: .] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.
(d) Notice. (1) If this solicitation is for supplies and has been set aside, in whole or in part, for small business concerns, then the clause in this solicitation providing notice of the set-aside contains restrictions on the source of the end items to be furnished.
(2) Under 15 U.S.C.645(d), any person who misrepresents a firm's status as a business concern that is small, HUBZone small, small disadvantaged, service-disabled veteran-owned small, economically disadvantaged women-owned small, or women-owned small eligible under the WOSB Program in order to obtain a contract to be awarded under the preference programs established pursuant to section 8, 9, 15, 31, and 36 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, shall-
(i) Be punished by imposition of fine, imprisonment, or both;
(ii) Be subject to administrative remedies, including suspension and debarment; and
(iii) Be ineligible for participation in programs conducted under the authority of the Act.
52.222-5 Construction Wage Rate Requirements-Secondary Site of the Work (May 2014)
(a) (1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(l)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements, of this solicitation.
(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.
(b) (1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.
(2) The due date for receipt of offers will not be extended as a result of an offeror's request for a wage determination for a secondary site of the work.
52.222-22 Previous Contracts and Compliance Reports (Feb 1999)
The offeror represents that-
It □has, □has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation;
It □has, □has not filed all required compliance reports; and
Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained before subcontract awards.
52.225-10 Notice of Buy American Requirement-Construction Materials (May 2014)
(a) Definitions. "Commercially available off-the-shelf (COTS) item," "construction material," "domestic construction material," and "foreign construction material," as used in this provision, are defined in the clause of this solicitation entitled "Buy American-Construction Materials" (Federal Acquisition Regulation (FAR) clause 52.225-9).
(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request.
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