B.08.02_Solicitation_CombinedDocs.pdf
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X
BERNADETTE L HUGHES 501.340.1260
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".
10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS
NEGOTIATED
05-Feb-2021
(RFP)
(IFB)
CALL:
B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)
See Item 7
2. TYPE OF SOLICITATION
SEALED BID
3. DATE ISSUED
9. FOR INFORMATION A. NAME
SOLICITATION
NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)
Prescribed by GSA
FAR (48 CFR) 53.236-1(e)
11. The Contractor shall begin performance w ithin _______10 calendar days and complete it w ithin ________1095 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________00 72 00
12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?
(If "YES," indicate within how many calendar days after award in Item 12B.)
X YES NO
13. ADDITIONAL SOLICITATION REQUIREMENTS:
A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________08 Mar 2021 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.
shall be marked to show the offeror's name and address, the solicitation number, and the date and time of fers are due.
B. An offer guarantee X is, is not required.
C. All offers are subject to the (1) w ork requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.
D. Offers providing less than _______60 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.
SOLICITATION, OFFER,
AND AWARD
(Construction, Alteration, or Repair)
1. SOLICITATION NO.
IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.
4. CONTRACT NO.
7. ISSUED BY CODE
CONTRACTING DIVISION
USACE, LITTLE ROCK (W9127S)
700 W. CAPITOL AVE, RM 7315
LITTLE ROCK AR 72201-3225
W9127S
PAGE OF PAGES
1 OF
CODE
(Title, identifying no., date):
12B. CALENDAR DAYS
01:00 PM (hour)
Sealed envelopes containing offers
5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.
8. ADDRESS OFFER TO (If Other Than Item 7)
(501) 324-5196FAX:TEL: (501) 340-5720 TEL: FAX:
W9127S21B0001 56
Greers Ferry Project Office Paving
The w ork includes removal of deteriorated asphalt and failed subgrade, placement and compaction of asphaltic concrete pavement w ithin the recreation and administrative areas around Greers Ferry Lake and incidental related w ork.
This solicitation is advertised as a Total Small Business Set Aside. The North American Industrial Classification System (NAICS) Code is 237310 (Highw ay, Street, and Bridge Construction). The small business size standard is $39.5 million. Magnitude of Construction: Betw een $1,000,000.00 and $5,000,000.00.
Please send any questions or requests for information by February 26, 2021 via email to bernadette.l.hughes@usace.army.mil.
20B. SIGNATURE
(REV. 4-85)STANDARD FORM 1442 BACK
TO SIGN
NSN 7540-01-155-3212
SOLICITATION, OFFER, AND AWARD (Continued) (Construction, Alteration, or Repair)
CODE FACILITY CODE
17. The offeror agrees to perform the w ork required at the prices specif ied below in strict accordance w ith the terms of this solicitation, if this offer is accepted by the Government in w riting w ithin ________ calendar days after the date offers are due.
the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)
AMOUNTS SEE SCHEDULE OF PRICES
18. The offeror agrees to furnish any required performance and payment bonds.
19. ACKNOWLEDGMENT OF AMENDMENTS
(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)
AMENDMENT NO.
DATE
20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN
OFFER (Type or print)
AWARD (To be completed by Government)
21. ITEMS ACCEPTED:
22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA
24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM
(4 copies unless otherwise specified)
CODE
(Insert any number equal to or greater than
20C. OFFER DATE
25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO
10 U.S.C. 2304(c) 41 U.S.C. 253(c)
CODE27. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY
(Include ZIP Code)14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NO. (Include area code)
See Item 14
(Include only if different than Item 14)16. REMITTANCE ADDRESS
30B. SIGNATURE
29. AWARD (Contractor is not required to sign this document.)
document and return _______ copies to issuing office.) Contractor agrees Your of f er on this solicitation, is hereby accepted as to the items listed. This award con-to f urnish and deliv er all items or perf orm all work, requisitions identif ied summates the contract, which consists of (a) the Gov ernment solicitation and on this f orm and any continuation sheets f or the consideration stated in this y our of f er, and (b) this contract award. No f urther contractual document is contract. The rights and obligations of the parties to this contract shall be necessary .
gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certif ications, and specif ications or incorporated by ref er-ence in or attached to this contract.
30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)
30C. DATE
(Type or print)
TEL: EMAIL:
31B. UNITED STATES OF AMERICA 31C. AWARD DATE
BY
CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE
(Contractor is required to sign this28. NEGOTIATED AGREEMENT
(M ust be fully completed by offeror)OFFER
W9127S21B0001
Section 00 01 10 - Table of Contents
Exhibit/Attachment Table of Contents
DOCUMENT TYPE DESCRIPTION PAGES DATE
Attachment 1 Statement of Work Attachment 2 Wage Rates Attachment 3 Indefinite Delivery-
Indefinite Quantity Contract
PN445322
IDIQ Greers Ferry Lake Paving Greers Ferry Lake, Little Red River Cleburne and Van Buren Counties, Arkansas SECTION B
BIDDING SCHEDULE
(To be attached to SF 1442)
Solicitation No. W9127S-21-B-0001
Line Item No.
Description Estimated Quantity
Unit Measure
Unit Price Amount
BASE YEAR
0001 Pavement Repair 300 SY $__________ $__________
0002 Bituminous Tack Coat 500 GAL $__________ $__________
0003 Asphalt Concrete Pavement 1,800 TON $__________ $__________
0004 Rip-Rap Stone Protection 200 TON $__________ $__________
0005 Aggregate Base Course 600 TON $__________ $__________
0006 Stripping 500 CY $__________ $__________
0007 Fill Material 200 CY $__________ $__________
0008 Remove Asphaltic Concrete and Scarify, Shape, and Recompact Existing Base
400 SY $__________ $__________
0009 Pavement Marking 2,500 LF $__________ $__________
0010 Ditch Maintenance 200 CY $__________ $__________
0011 Mobilization and Demobilization 5 EA $__________ $__________
0012 Sodding 2,000 SF $__________ $__________
0013 Crack Repair 10,000 LF $__________ $__________
0014 Aggregate Base Course Shoulders 400 TON $__________ $__________
0015 Remove and Reinstall Wheel Stops 20 EA $__________ $__________
0016 Scarify, Reshape, and Recompact Existing Base Course
250 SY $__________ $__________
TOTAL BASE YEAR $__________
Greers Ferry Lake, Little Red River Cleburne and Van Buren Counties, Arkansas
SECTION B
BIDDING SCHEDULE
(To be attached to SF 1442)
Solicitation No. W9127S-21-B-0001
OPTION YEAR 1
1001 Pavement Repair 300 SY $__________ $__________
1002 Bituminous Tack Coat 500 GAL $__________ $__________
1003 Asphalt Concrete Pavement 1,800 TON $__________ $__________
1004 Rip-Rap Stone Protection 200 TON $__________ $__________
1005 Aggregate Base Course 600 TON $__________ $__________
1006 Stripping 500 CY $__________ $__________
1007 Fill Material 200 CY $__________ $__________
1008 Remove Asphaltic Concrete and Scarify, Shape, and Recompact Existing Base
400 SY $__________ $__________
1009 Pavement Marking 2,500 LF $__________ $__________
1010 Ditch Maintenance 200 CY $__________ $__________
1011 Mobilization and Demobilization 5 EA $__________ $__________
1012 Sodding 2,000 SF $__________ $__________
1013 Crack Repair 10,000 LF $__________ $__________
1014 Aggregate Base Course Shoulders 400 TON $__________ $__________
1015 Remove and Reinstall Wheel Stops 20 EA $__________ $__________
1016 Scarify, Reshape, and Recompact Existing Base Course
250 SY $__________ $__________
TOTAL OPTION YEAR 1 $__________
Greers Ferry Lake, Little Red River Cleburne and Van Buren Counties, Arkansas
SECTION B
BIDDING SCHEDULE
(To be attached to SF 1442)
Solicitation No. W9127S-21-B-0001
OPTION YEAR 2
2001 Pavement Repair 300 SY $__________ $__________
2002 Bituminous Tack Coat 500 GAL $__________ $__________
2003 Asphalt Concrete Pavement 1,800 TON $__________ $__________
2004 Rip-Rap Stone Protection 200 TON $__________ $__________
2005 Aggregate Base Course 600 TON $__________ $__________
2006 Stripping 500 CY $__________ $__________
2007 Fill Material 200 CY $__________ $__________
2008 Remove Asphaltic Concrete and Scarify, Shape, and Recompact Existing Base
400 SY $__________ $__________
2009 Pavement Marking 2,500 LF $__________ $__________
2010 Ditch Maintenance 200 CY $__________ $__________
2011 Mobilization and Demobilization 5 EA $__________ $__________
2012 Sodding 2,000 SF $__________ $__________
2013 Crack Repair 10,000 LF $__________ $__________
2014 Aggregate Base Course Shoulders 400 TON $__________ $__________
2015 Remove and Reinstall Wheel Stops 20 EA $__________ $__________
2016 Scarify, Reshape, and Recompact Existing Base Course
250 SY $__________ $__________
TOTAL OPTION YEAR 2 $__________
TOTAL BASE YEAR PLUS OPTION YEARS 1 AND 2 $___________
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 POP 01-APR-2021 TO
31-MAR-2022
N/A GREERS FERRY PROJECT OFFICE
700 HEBER SPRINGS ROAD NORTH
HEBER SPRINGS AR 72543-1088
501.362.2416 FOB: Destination
967116
0002 POP 01-APR-2021 TO
31-MAR-2022
N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination
967116
0003 POP 01-APR-2021 TO
31-MAR-2022
N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination
967116
0004 POP 01-APR-2021 TO
31-MAR-2022
N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination
967116
0005 POP 31-MAR-2021 TO
31-MAR-2022
N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination
967116
0006 POP 01-APR-2021 TO
31-MAR-2022
N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination
967116
0007 POP 01-APR-2021 TO
31-MAR-2022
N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination
967116
0008 POP 01-APR-2021 TO
31-MAR-2022
N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination
967116
0009 POP 01-APR-2021 TO
31-MAR-2022
N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination
967116
0010 POP 01-APR-2021 TO
31-MAR-2022
N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination
967116
0011 POP 01-APR-2021 TO
31-MAR-2022
N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination
967116
0012 POP 01-APR-2021 TO
31-MAR-2022
N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination
967116
0013 POP 01-APR-2021 TO
31-MAR-2022
N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination
967116
0014 POP 01-APR-2021 TO
31-MAR-2022
N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination
967116
0015 POP 01-APR-2021 TO
31-MAR-2022
N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination
967116
0016 POP 31-MAR-2021 TO
31-MAR-2022
N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination
967116
1001 POP 01-APR-2022 TO
31-MAR-2023
N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination
967116
1002 POP 01-APR-2022 TO
31-MAR-2023
N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination
967116
1003 POP 01-APR-2021 TO
31-MAR-2023
N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination
967116
1004 POP 01-APR-2022 TO
31-MAR-2023
N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination
967116
1005 POP 01-APR-2022 TO
31-MAR-2023
N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination
967116
1006 POP 01-APR-2022 TO
31-MAR-2023
N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination
967116
1007 POP 01-APR-2022 TO
31-MAR-2023
N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination
967116
1008 POP 01-APR-2022 TO
31-MAR-2023
N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination
967116
1009 POP 01-APR-2022 TO
31-MAR-2023
N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination
967116
1010 POP 01-APR-2022 TO
31-MAR-2023
N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination
967116
1011 POP 31-MAR-2022 TO
31-MAR-2023
N/A (SAME AS PREVIOUS LOCATION)
1012 POP 01-APR-2022 TO
31-MAR-2023
N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination
967116
1013 POP 01-APR-2022 TO
31-MAR-2023
N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination
967116
1014 POP 01-APR-2022 TO
31-MAR-2023
N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination
967116
1015 POP 01-APR-2022 TO
31-MAR-2023
N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination
967116
1016 POP 01-APR-2022 TO
31-MAR-2023
N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination
967116
2001 POP 01-APR-2023 TO
31-MAR-2024
N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination
967116
2002 POP 01-APR-2023 TO
31-MAR-2024
N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination
967116
2003 POP 01-APR-2023 TO
31-MAR-2024
N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination
967116
2004 POP 01-APR-2023 TO
31-MAR-2024
N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination
967116
2005 POP 01-APR-2023 TO
31-MAR-2024
N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination
967116
2006 POP 01-APR-2023 TO
31-MAR-2024
N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination
967116
2007 POP 01-APR-2023 TO
31-MAR-2024
N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination
967116
2008 POP 01-APR-2023 TO
31-MAR-2024
N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination
967116
2009 POP 01-APR-2023 TO
31-MAR-2024
N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination
967116
2010 POP 01-APR-2023 TO
31-MAR-2024
N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination
967116
2011 POP 01-APR-2023 TO
31-MAR-2024
N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination
967116
2012 POP 01-APR-2023 TO
31-MAR-2024
N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination
967116
2013 POP 01-APR-2023 TO
31-MAR-2024
N/A (SAME AS PREVIOUS LOCATION)
2014 POP 01-APR-2023 TO
31-MAR-2024
N/A (SAME AS PREVIOUS LOCATION)
2015 POP 01-APR-2023 TO
N/A (SAME AS PREVIOUS LOCATION)
2016 POP 01-APR-2023 TO
N/A (SAME AS PREVIOUS LOCATION)
Section 00 21 00 - Instructions
CLAUSES INCORPORATED BY REFERENCE
52.204-7 System for Award Management OCT 2018 52.204-22 Alternative Line Item Proposal JAN 2017 52.215-1 Instructions to Offerors--Competitive Acquisition JAN 2017 52.217-5 Evaluation Of Options JUL 1990 52.228-1 Bid Guarantee SEP 1996 52.236-28 Preparation of Proposals--Construction OCT 1997
CLAUSES INCORPORATED BY FULL TEXT
52.211-14 NOTICE OF PRIORITY RATING FOR NATIONAL DEFENSE, EMERGENCY PREPAREDNESS, AND ENERGY PROGRAM USE (APR 2008)
Any contract awarded as a result of this solicitation will be DX rated order; X DO rated order certified for national defense, emergency preparedness, and energy program use under the Defense Priorities and Allocations System (DPAS) (15 CFR 700), and the Contractor will be required to follow all of the requirements of this regulation. [Contracting Officer check appropriate box.]
(End of provision)
52.216-1 TYPE OF CONTRACT (APR 1984)
The Government contemplates award of a Firm Fixed Price contract resulting from this solicitation.
(End of provision)
52.233-2 SERVICE OF PROTEST (SEP 2006)
(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from Joseph C Daniels, Contracting Officer, Post Office Box 867, 700 West Capitol, Room 7315, Little Rock, AR 72203
(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.
(End of provision)
52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995)
(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.
(b) Site visits may be arranged during normal duty hours by contacting:
Name: Daniel Hess – 501-340-1917 or Benny Rorie – 501-340-1901 Address: 700 Heber Springs Rd N, Heber Springs, AR 72543 Telephone:
(End of provision)
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):
www.acquisition.gov
(End of provision)
52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)
(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision.
(b) The use in this solicitation of any Defense Federal Acquisition Regulation Supplement (DFARS) (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
(End of provision)
Section 00 45 00 - Representations and Certifications
CLAUSES INCORPORATED BY REFERENCE
52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.209-7 Information Regarding Responsibility Matters OCT 2018 252.203-7005 Representation Relating to Compensation of Former DoD
Officials
NOV 2011
CLAUSES INCORPORATED BY FULL TEXT
52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2020)
(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 237310.
(2) The small business size standard is $39,500,000.
(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:
( ) Paragraph (d) applies.
( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.
(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:
(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—
(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;
(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or
(C) The solicitation is for utility services for which rates are set by law or regulation.
(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.
(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation. This provision applies to all solicitations.
(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.
(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—
(A) Are not set aside for small business concerns;
(B) Exceed the simplified acquisition threshold; and
(C) Are for contracts that will be performed in the United States or its outlying areas.
(vi) 52.204-26, Covered Telecommunications Equipment or Services--Representation. This provision applies to all solicitations.
(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations--Representation.
(viii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.
(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.
(x) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.
(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.
(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract 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.
(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.
(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract 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 Certification. This provision applies to all solicitations.
(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.
(2) The following representations or certifications are applicable as indicated by the Contracting Officer:
[Contracting Officer check as appropriate.]
(i) 52.204-17, Ownership or Control of Offeror.
(ii) 52.204-20, Predecessor of Offeror.
(iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.
(iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.
(v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.
(vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA- Designated Products (Alternate I only).
(vii) 52.227-6, Royalty Information.
(A) Basic.
(B) Alternate I.
(viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.
(d) The Offeror has completed the annual representations and certifications electronically in SAM accessed through https://www.sam.gov. After reviewing the SAM information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [ offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
FAR Clause Title Date Change
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.
52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO
SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020)
The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-- Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.
(a) Definitions. As used in this provision-
Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Prohibition.
(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.
115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.
115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."
(d) Representations. The Offeror represents that--
(1) It [] will, [] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and
(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--
It [] does, [] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.
(e) Disclosures.
(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment--
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(ii) For covered services--
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment--
(A) 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);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
(ii) For covered services--
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO
SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)
(a) Definitions. As used in this clause--
Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).
Covered foreign country means The People's Republic of China.
Covered telecommunications equipment or services means--
(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);
(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);
(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or
(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
Critical technology means--
(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;
(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled--
(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or
(ii) For reasons relating to regional stability or surreptitious listening;
(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);
(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);
(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or
(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).
Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.
Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.
Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.
Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.
(b) Prohibition.
(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.
115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government 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, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.
(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.
115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.
(c) Exceptions. This clause does not prohibit contractors 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.
(d) Reporting requirement.
(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.
(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause:
(i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.
(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.
(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.
(End of clause)
52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT
2020)
(a) Definitions. As used in this provision, “covered telecommunications equipment or services” and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.
(c) Representations.
(1) The Offeror represents that it [ ___ ] does, [ ___ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.
(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.
Section 00 70 00 - Conditions of the Contract
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government 0005 Destination Government Destination Government 0006 Destination Government Destination Government 0007 Destination Government Destination Government 0008 Destination Government Destination Government 0009 Destination Government Destination Government 0010 Destination Government Destination Government 0011 Destination Government Destination Government 0012 Destination Government Destination Government 0013 Destination Government Destination Government 0014 Destination Government Destination Government 0015 Destination Government Destination Government 0016 Destination Government Destination Government 1001 Destination Government Destination Government 1002 Destination Government Destination Government 1003 Destination Government Destination Government 1004 Destination Government Destination Government 1005 Destination Government Destination Government 1006 Destination Government Destination Government 1007 Destination Government Destination Government 1008 Destination Government Destination Government 1009 Destination Government Destination Government 1010 Destination Government Destination Government 1011 Destination Government Destination Government 1012 Destination Government Destination Government 1013 Destination Government Destination Government 1014 Destination Government Destination Government 1015 Destination Government Destination Government 1016 Destination Government Destination Government 2001 Destination Government Destination Government 2002 Destination Government Destination Government 2003 Destination Government Destination Government 2004 Destination Government Destination Government 2005 Destination Government Destination Government 2006 Destination Government Destination Government 2007 Destination Government Destination Government 2008 Destination Government Destination Government 2009 Destination Government Destination Government 2010 Destination Government Destination Government 2011 Destination Government Destination Government 2012 Destination Government Destination Government
2013 Destination Government Destination Government 2014 Destination Government Destination Government 2015 Destination Government Destination Government 2016 Destination Government Destination Government
52.236-26 Preconstruction Conference FEB 1995
Section 00 72 00 - General Conditions
52.202-1 Definitions JUN 2020 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-6 Restrictions On Subcontractor Sales To The Government JUN 2020 52.203-7 Anti-Kickback Procedures JUN 2020 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or
Improper Activity
MAY 2014
52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014 52.203-12 Limitation On Payments To Influence Certain Federal
Transactions
JUN 2020
52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights
JUN 2020
52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements
JAN 2017
52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper
MAY 2011
52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier
Subcontract Awards
JUN 2020
52.204-13 System for Award Management Maintenance OCT 2018 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and
Certifications.
DEC 2014
52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment
JUN 2020
52.209-7 Information Regarding Responsibility Matters OCT 2018 52.209-9 Updates of Publicly Available Information Regarding
Responsibility Matters
OCT 2018
52.209-10 Prohibition on Contracting With Inverted Domestic Corporations
NOV 2015
52.214-3 Amendments To Invitations For Bids DEC 2016 52.214-4 False Statements In Bids APR 1984 52.214-5 Submission Of Bids DEC 2016 52.214-6 Explanation To Prospective Bidders APR 1984 52.214-7 Late Submissions, Modifications, and Withdrawals of Bids NOV 1999 52.214-18 Preparation of Bids-Construction APR 1984 52.214-19 Contract Award-Sealed Bidding-Construction AUG 1996 52.214-26 Audit and Records--Sealed Bidding JUN 2020 52.214-27 Price Reduction for Defective Certified Cost or Pricing Data -
Modifications - Sealed Bidding
JUN 2020
52.214-28 Subcontractor Certified Cost Or Pricing Data--Modifications- -Sealed Bidding
JUN 2020
52.215-2 Audit and Records--Negotiation JUN 2020 52.219-6 Notice Of Total Small Business Set-Aside MAR 2020 52.219-8 Utilization of Small Business Concerns OCT 2018 52.222-3 Convict Labor JUN 2003 52.222-4 Contract Work Hours and Safety Standards - Overtime
Compensation
MAY 2018
52.222-6 Construction Wage Rate Requirements AUG 2018
52.222-7 Withholding of Funds MAY 2014 52.222-8 Payrolls and Basic Records AUG 2018 52.222-9 Apprentices and Trainees JUL 2005 52.222-10 Compliance with Copeland Act Requirements FEB 1988 52.222-11 Subcontracts (Labor Standards) MAY 2014 52.222-12 Contract Termination-Debarment MAY 2014 52.222-13 Compliance With Construction Wage Rate Requirements and
Related Regulations
MAY 2014
52.222-14 Disputes Concerning Labor Standards FEB 1988 52.222-15 Certification of Eligibility MAY 2014 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-27 Affirmative Action Compliance Requirements for
Construction
APR 2015
52.222-30 Construction Wage Rate Requirements--Price Adjustment (None or Separately Specified Method)
AUG 2018
52.222-35…
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