B.08 VA Columbia Parking Expansion Solicitation 21R4003 4.1.21.pdf
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- Solicitation number
- W912HP21R4003
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This solicitation requests proposals for a parking expansion project at the Veterans Affairs Medical Center in Columbia, South Carolina. Proposals are due no later than 2:00 PM EST on May 3, 2021.
The solicitation seeks construction services to expand an existing parking garage and construct a new parking garage structure. The project is set aside for Service-Disabled Veteran-Owned Small Businesses and has an estimated value between $5-10 million. Proposals will be evaluated based on price and non-price factors including specialized experience, past performance, and management approach. The contract will be a firm-fixed-price award with a performance period of 460 calendar days.
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Project Title and Location: Veterans Affairs, Parking Expansion, Columbia, SC
Contract Specialist: Walter Gordon, Jr, 843-329-8157, Walter.L.Gordon@usace.army.mil
Project Description:Expand the VA Columbia campus parking garage by constructing a new parking garage structure immediately adjacent to the existing garage and expanding the existing garage to the planned full height of 4 levels to address needs of VA patients, employees, and visitors by providing additional parking spaces. DBB by VA donated AE design.
This acquisition is a 100% Service Disabled Veteran Ow ned Small Business (SDVOSB) Set Aside. The NAICS Code is 236220, the small business size standard is $39.5M. The project magnitude of w ork is betw een $5M-$10M.
WALTER L GORDON 843-329-8235
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
01-Apr-2021
(RFP)
(IFB)
X
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 ________460 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________52.211-10
12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?
(If "YES," indicate within how many calendar days after award in Item 12B.)
X YES NO
13. ADDITIONAL SOLICITATION REQUIREMENTS:
A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________03 May 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 _______90 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
PROGRAMS & PROJECT MGMT DIV
69-A HAGOOD AVENUE
CHARLESTON SC 29403-5107
W912HP
PAGE OF PAGES
1 OF
CODE
(Title, identifying no., date):
12B. CALENDAR DAYS
02:00 PM (hour)
Sealed envelopes containing offers
5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.
8. ADDRESS OFFER TO (If Other Than Item 7)
843-329-2331FAX:TEL: 843-329-8049 TEL: FAX:
W912HP21R4003 79
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
W912HP21R4003
Section 00 10 00 - Solicitation
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 1 Job Base BidFFP
REMOVAL OF EXISTING STRUCTURE AND APPURTENANCES FOR
GENERAL CONSTRUCTION, ALTERATIONS, ROADS, WALKS, GRADING,
DRAINAGE, LABOR, MATERIAL, AND EQUIPMENT TO CONSTRUCT THE
GARAGE STRUCTURE, ELECTRICAL AND IT EXTENSIONS, ELEVATORS,
STAIRS, SIGNAGE AND CERTAIN OTHER ITEMS AS SHOWN IN THE
CONSTRUCTION DOCUMENTS
FOB: Destination
NET AMT
0002 1 Job OPTION Garage Structure(Grid Lines 12-13)FFP
ALL NECESSARY APPURTENANCES (INCLUDING BUT NOT LIMITED
TO: LIGHTING, DRAINAGE, SECURITY CAMERAS, FALL DETERRENT,
EMERGENCY SYSTEMS) TO MAKE THE GARAGE COMPLETE WITHIN
THIS AREA
0003 1 Job OPTION Garage Structure (Grid Lines 13-19)FFP
ADD THE PORTION OF THE GARAGE STRUCTURE BETWEEN GRID
LINES 13-19 AND A-B ON LEVEL 4. THIS INCLUDES ALL NECESSARY
APPURTENANCES (INCLUDING BUT NOT LIMITED TO: LIGHTING,
DRAINAGE, SECURITY CAMERAS, FALL DETERRENT, RAILINGS,
DOORS, CURTAIN WALL, EMERGENCY SYSTEMS) TO MAKE THE
GARAGE COMPLETE WITHIN THIS AREA
0004 1 Job OPTION Garage Structure (Grid Lines 13-19)FFP
ADD THE PORTION OF THE GARAGE STRUCTURE BETWEEN GRID
LINES 13-19 AND B-C ON LEVEL 4. THIS INCLUDES ALL NECESSARY
APPURTENANCES (INCLUDING BUT NOT LIMITED TO: LIGHTING,
DRAINAGE, SECURITY CAMERAS, FALL DETERRENT, EMERGENCY
SYSTEMS) TO MAKE THE GARAGE COMPLETE WITHIN THIS AREA.
0005 1 Job OPTION Stop ElevatorFFP
ADD 4 STOP ELEVATOR IN STAIR TOWER 1 WHICH IS LOCATED
BETWEEN GRID LINES 6 AND 8. THIS INCLUDES ALL NECESSARY
APPURTENANCES (INCLUDING BUT NOT LIMITED TO: LIGHTING,
DRAINAGE, SECURITY CAMERAS, FALL DETERRENT, EMERGENCY
SYSTEMS, SIGNAGE AND WAYFINDING, HAND AND GUARDS RAILS)
TO MAKE THE GARAGE COMPLETE WITHIN THIS AREA.
0006 1 Job
OPTION FFP
SEE ALT. AS SHOWN ON SHEETS (SF301, AE152, MM104, PP105CD,
EA104CD) AND ALL ASSOCIATED DETAILS. CONTRACT TIME SHALL
BE 28 CALENDAR DAYS FOR THIS ALTERNATE. SEE ALT. AS SHOWN
ON SHEETS (SF301, AE152, MM104, PP105CD, EA104CD) AND ALL
ASSOCIATED DETAILS. CONTRACT TIME SHALL BE 28 CALENDAR
DAYS FOR THIS ALTERNATE.
EXPLANATION OF BID ITEMS
BASE BID(0001) WORK INCLUDES NECESSARY REMOVAL OF EXISTING STRUCTURE AND APPURTENANCES FOR GENERAL CONSTRUCTION, ALTERATIONS, ROADS, WALKS, GRADING, DRAINAGE, LABOR, MATERIAL, AND EQUIPMENT TO CONSTRUCT THE GARAGE STRUCTURE, ELECTRICAL AND IT EXTENSIONS, ELEVATORS, STAIRS, SIGNAGE AND CERTAIN OTHER ITEMS AS SHOWN IN THE CONSTRUCTION DOCUMENTS. CONTRACTOR SHALL HAVE 90 CALENDAR DAYS FROM THE CONSTRUCTION NOTICE TO PROCEED TO SUBMIT AND RECEIVE APPROVALS OF ALL SUBMITTALS. ONCE APPROVALS ARE OBTAINED, THE CONTRACTOR WILL HAVE 120 CALENDAR DAYS TO CONSTRUCT THE VERTICAL EXPANSION. ONCE THE VERTICAL EXPANSION IS COMPLETED, THE CONTRACTOR WILL HAVE 180 CALENDAR DAYS TO COMPLETE THE HORIZONTAL EXPANSION AND ALL REMAINING WORK. SEE GI106, CC002, AND CC003 FOR FURTHER PHASING REQUIREMENTS FOR THIS PROJECT. THE TOTAL CONTRACT TIME FOR
THE BASE BID IS 390 CALENDAR DAYS.
CLIN 0002: ADD THE PORTION OF THE GARAGE STRUCTURE BETWEEN GRID LINES 12-13 AND A-C ON LEVEL 4.
THIS INCLUDES ALL NECESSARY APPURTENANCES (INCLUDING BUT NOT LIMITED TO: LIGHTING, DRAINAGE, SECURITY CAMERAS, FALL DETERRENT, EMERGENCY SYSTEMS) TO MAKE THE GARAGE COMPLETE WITHIN THIS AREA. THE BASE BID GARAGE AREA IS SHOWN ON THE SHEET FOR CONTINUITY AND CONNECTION UNDERSTANDING ONLY. SEE ALT. AS SHOWN ON SHEETS (SF104A, AE150, FX103A, PP105A, EA104A) AND ALL
ASSOCIATED DETAILS. CONTRACT TIME SHALL BE 7 CALENDAR DAYS FOR THIS ALTERNATE
CLIN 0003: ADD THE PORTION OF THE GARAGE STRUCTURE BETWEEN GRID LINES 13-19 AND A-B ON LEVEL 4.
THIS INCLUDES ALL NECESSARY APPURTENANCES (INCLUDING BUT NOT LIMITED TO: LIGHTING, DRAINAGE, SECURITY CAMERAS, FALL DETERRENT, RAILINGS, DOORS, CURTAIN WALL, EMERGENCY SYSTEMS) TO MAKE THE GARAGE COMPLETE WITHIN THIS AREA. THE BASE BID PLUS ADD ALTERNATE A GARAGE AREA IS SHOWN ON THE SHEET FOR CONTINUITY AND CONNECTION UNDERSTANDING ONLY. SEE ALT. AS SHOWN ON SHEETS (SF105, AE151, FX103B, PP105B, EA104B) AND ALL ASSOCIATED DETAILS. CONTRACT TIME SHALL BE 14 CALENDAR DAYS
FOR THIS ALTERNATE.
CLIN 0004: ADD THE PORTION OF THE GARAGE STRUCTURE BETWEEN GRID LINES 13-19 AND B-C ON LEVEL 4.
THIS INCLUDES ALL NECESSARY APPURTENANCES (INCLUDING BUT NOT LIMITED TO: LIGHTING, DRAINAGE, SECURITY CAMERAS, FALL DETERRENT, EMERGENCY SYSTEMS) TO MAKE THE GARAGE COMPLETE WITHIN THIS AREA. THE BASE BID PLUS ADD ALTERNATE A AND B GARAGE AREA IS SHOWN ON THE SHEET FOR CONTINUITY AND CONNECTION UNDERSTANDING ONLY. SEE ALT. AS SHOWN ON SHEETS (SF105A, AE152, PP105CD, EA104CD) AND ALL ASSOCIATED DETAILS. CONTRACT TIME SHALL BE 14 CALENDAR DAYS FOR THIS ALTERNATE.
CLIN 0005: ADD 4 STOP ELEVATOR IN STAIR TOWER 1 WHICH IS LOCATED BETWEEN GRID LINES 6 AND 8. THIS INCLUDES ALL NECESSARY APPURTENANCES (INCLUDING BUT NOT LIMITED TO: LIGHTING, DRAINAGE, SECURITY CAMERAS, FALL DETERRENT, EMERGENCY SYSTEMS, SIGNAGE AND WAYFINDING, HAND AND GUARDS RAILS) TO MAKE THE GARAGE COMPLETE WITHIN THIS AREA. THE BASE BID PLUS ADD ALTERNATE A, B AND C GARAGE AREA
IS SHOWN ON THE SHEET FOR CONTINUITY AND CONNECTION UNDERSTANDING ONLY.
CLIN 0006: SEE ALT. AS SHOWN ON SHEETS (SF301, AE152, MM104, PP105CD, EA104CD) AND ALL ASSOCIATED DETAILS. CONTRACT TIME SHALL BE 28 CALENDAR DAYS FOR THIS ALTERNATE. SEE ALT. AS SHOWN ON SHEETS (SF301, AE152, MM104, PP105CD, EA104CD) AND ALL ASSOCIATED DETAILS. CONTRACT TIME SHALL BE 28
CALENDAR DAYS FOR THIS ALTERNATE.
TOTAL CONSTRUCTION TIME SHALL BE EXTENDED TO A TOTAL OF 460 CALENDAR DAYS IF ALL ADD OPTIONS ARE
AWARDED.
Section 00 21 13 - Instructions to Bidders
CLAUSES INCORPORATED BY REFERENCE
52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-22 Alternative Line Item Proposal JAN 2017 52.215-1 Instructions to Offerors--Competitive Acquisition JAN 2017 52.222-5 Construction Wage Rate Requirements--Secondary Site of the
Work
MAY 2014
252.215-7008 Only One Offer JUL 2019
CLAUSES INCORPORATED BY FULL TEXT
52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)
(a) Definitions. As used in this provision--
Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.
Registered in the System for Award Management (SAM) means that--
(1) The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14) into SAM;
(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of Contact sections of the registration in SAM;
(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and
(4) The Government has marked the record ``Active''.
Unique entity identifier means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.
(b)(1) An Offeror is required to be registered in SAM when submitting an offer or quotation, and shall continue to be registered until time of award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.
(2) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation ``Unique Entity Identifier'' followed by the unique entity identifier that identifies the Offeror's name and address exactly as stated in the offer. The Offeror also shall enter its EFT indicator, if applicable. The unique entity identifier will be used by the Contracting Officer to verify that the Offeror is registered in SAM.
(c) If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for establishment of the unique entity identifier directly to obtain one. The Offeror should be prepared to provide the following information:
(1) Company legal business name.
(2) Tradestyle, doing business, or other name by which your entity is commonly recognized.
(3) Company physical street address, city, state, and Zip Code.
(4) Company mailing address, city, state and Zip Code (if separate from physical).
(5) Company telephone number.
(6) Date the company was started.
(7) Number of employees at your location.
(8) Chief executive officer/key manager.
(9) Line of business (industry).
(10) Company headquarters name and address (reporting relationship within your entity).
(d) Processing time should be taken into consideration when registering. Offerors who are not registered in SAM should consider applying for registration immediately upon receipt of this solicitation. See https://www.sam.gov for information on registration.
(End of Provision)
52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO
SURVEILLANCE SERVICES OR EQUIPMENT (AUG 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 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-
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.
(End of 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)
52.216-1 TYPE OF CONTRACT (APR 1984)
The Government contemplates award of a Firm Fixed Price contract resulting from this solicitation.
52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL
EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)
(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.
(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:
Goals for minority participation for each trade
Goals for female participation for each trade
23.4% 6.9%
These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.
(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction,'' and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.
(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the --
(1) Name, address, and telephone number of the subcontractor;
(2) Employer's identification number of the subcontractor;
(3) Estimated dollar amount of the subcontract;
(4) Estimated starting and completion dates of the subcontract; and
(5) Geographical area in which the subcontract is to be performed.
(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is South Carolina, Richland County, Columbia.
52.225-12 NOTICE OF BUY AMERICAN REQUIREMENT-- CONSTRUCTION MATERIALS UNDER
TRADE AGREEMENTS (MAY 2014)
(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “designated country construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American -- Construction Materials Under Trade Agreements” (Federal Acquisition Regulation (FAR) clause 52.225-11).
(b) Requests for determination of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of FAR clause 52.225-11 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.
(c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction materials, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(4)(i) of FAR clause 52.225-11.
(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.
(d) Alternate offers. (1) When an offer includes foreign construction material, other than designated country construction material, that is not listed by the Government in this solicitation in paragraph (b)(3) of FAR clause 52.225-11, the offeror also may submit an alternate offer based on use of equivalent domestic or designated country construction material.
(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of FAR clause 52.225-11 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.
(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of FAR clause 52.225-11 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic or designated country construction material, and the offeror shall be required to furnish such domestic or designated country construction material. An offer based on use of the foreign construction material for which an exception was requested-- (i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or
(ii) May be accepted if revised during negotiations.
52.228-1 BID GUARANTEE (SEP 1996)
(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.
(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States.
The Contracting Officer will return bid guarantees, other than bid bonds, (1) to unsuccessful bidders as soon as practicable after the opening of bids, and (2) to the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.-
(c) The amount of the bid guarantee shall be _20 percent of the bid price or _$3M____ whichever is less.-
(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.-
(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.
52.233-2 SERVICE OF PROTEST (SEP 2006)
(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from
US Army Corps of Engineers Charleston District, Contracting Division 69A Hagood Avenue Charleston, SC 29403
(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.
52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995)
(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.
(b) Site visits may be arranged during normal duty hours by contacting:
Name: Robert Sorenson Address: Robert.G.Sorenson@usace.army.mil
52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) – ALTERNATE I (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) An organized site visit has been scheduled for-- 9 April 2021 at 1000
(c) Participants will meet at-- Parking Deck elevator
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.acquistion.gov
INSTRUCTIONS TO OFFERORS
1.0. PROPOSAL REQUIREMENTS OVERVIEW
1.1. General. Since the proposal will describe the capability of the Offeror to perform any resulting contract, it should be specific and complete in every detail. The proposal should be prepared simply and economically, providing a straight-forward, concise delineation of capabilities to satisfactorily perform the contract. The proposal should be practical, legible, clear and coherent. It is the Offeror's responsibility to submit an adequately-written proposal in sufficient detail to permit a complete and accurate evaluation, and the agency will neither adapt its evaluation to match an Offeror's submission nor go in search of information that an Offeror has omitted or failed adequately to present or organize. Offerors are cautioned that “parroting” of the non-price requirements or the work statement with such things as a statement of intent to perform does not reflect an adequate understanding of a requirement or a capability to perform.
Offerors are responsible for including sufficient details to permit a complete and accurate evaluation of each proposal. Proprietary information shall be clearly marked.
1.2. This Request for Proposal (RFP) solicits work to furnish all labor, equipment, materials and construction services necessary to completely prepare the project site for building operations, including demolition and removal of existing structures, and perform work for construction of an expanded parking structure, as required by drawings and specifications, and in accordance with the awarded bid items defined in the statement of bid items in the solicitation.
1.3. Proposal Submissions and the Low-Price, Technically-Acceptable (LPTA) Source Selection Process. This process requires Offerors to submit technical and performance capability information for evaluation by the Government against the uniform baseline of minimum requirements identified in evaluation factors and subfactors. Each of the non-cost factors and subfactors will be evaluated on an “acceptable” or “unacceptable” basis in accordance with the evaluation criteria set out in this section. Price information will not be rated “acceptable” or “unacceptable” but will be evaluated in accordance with FAR Part 15.
1.4. The Government intends to award a firm fixed-price (FFP) contract and make an award without holding discussions with Offerors (except clarifications as described in FAR 15.306(a)). Therefore, Offerors should include their best terms and conditions (both price and technical) in the initial offer. Offerors should not assume that they will have an opportunity to participate in discussions or be asked to submit a revised offer. The Government reserves the right to conduct discussions if the Source Selection Authority (SSA) later determines them to be necessary. By submitting an offer in response to this solicitation, Offerors are agreeing to comply with all terms and conditions contained in the solicitation.
2.0. PROPOSAL SUBMISSION INSTRUCTIONS
2.1. Who May Submit: Any legally-organized Offeror qualified and eligible to receive an award under applicable laws and regulations may submit a proposal against this solicitation, subject to the socioeconomic goals, preferences and mandated priorities established for this solicitation.
2.1.1. Contractor Team Arrangements.
2.1.1.1. Recognition of Contractor Teams. In accordance with
FAR Subpart 9.6, it is Government policy to recognize the integrity and validity of contractor team arrangements. For a teaming arrangement to be recognized for purposes of source selection evaluation and the application of non-price factors and sub-factors, there must be full disclosure of the teaming arrangement and company relationships in the team's proposal. The proposal must include a narrative that explains the major or critical aspects of work to be performed by each team member. For joint venture teams, the proposal must also include an agreement that has been or will be executed prior to award between/among all team members. In the case of prime-subcontractor teams, the prime contractor must include a statement in the proposal to document that the prime contractor remains fully responsible for contract performance, regardless of any team arrangement between the prime contractor and its subcontractors.
However, regardless of whether a formal team arrangement is proposed or recognized, consistent with FAR 9.104, the Government may consider the responsibility of subcontractor team members when it may adversely affect the prospective prime contractor’s responsibility or when it is in the Government’s interest to do so.
2.1.1.2. Joint Ventures (JV). For JVs or other partnership teams formed to seek award as a prime contractor, a teaming agreement must be submitted with the proposal and must be available as part of the technical review of the proposal. Offerors must demonstrate in the proposal that the teaming agreement has been executed or will be executed prior to contract award. The teaming agreement submitted with the proposal will govern the performance of the work by the team. The agreement must address the following items:
identification of team members, a full delineation of roles and responsibilities of team members, the duration of the agreement, and the percentage of participation by each of the participants, in particular, the percentage of the controlling party. Required submissions in the proposal include evidence of a binding teaming agreement or other contractual agreement which creates legal responsibility on the part of all contractors in the JV and evidence to confirm that the JV has been approved by the Small Business Administration Office for this specific requirement.
Offerors should not submit an agreement in their proposal that is subject to substantial revision because the agreement will be part of the evaluation process. The timely submission of the executed teaming agreement prior to award shall be a pre-condition to a finding of responsibility.
2.1.1.3. Other Teaming Arrangements. In the case of prime
contractor-subcontractor teams as described in FAR 9.601(2) (including where the prime contractor is a joint venture), evidence of a binding teaming arrangement between the prime contractor and subcontractor(s) must be submitted. At a minimum, this evidence shall consist of a letter of commitment that is signed by both the prime contractor and the subcontractor team members specifically describing the role the subcontractor(s) will provide and stating that the subcontractor(s) will perform as described within the letter of commitment. The teaming arrangement must reflect that the prime contractor is vested with control and responsibility for the daily management of the work and that the prime contractor remains fully responsible for contract performance, including those work items allocated to a subcontractor on the team.
Consistent with FAR 9.104-4, the Government may consider the responsibility of subcontractors proposed as team members or when it is otherwise in the Government’s interest to do so.
Finally, any resulting subcontract(s) may not deviate from the substantive provisions of the teaming agreement.
2.1.1.4. Restriction on Substitution. Regardless of any provision to the contrary in a teaming or subcontract agreement, all members of a recognized team arrangement are bound to perform any resulting contract and options by means of the same team.
There can be no substitution of team members except that, in the case of a prime-subcontractor team arrangement, the Government may (in its sole discretion and without any obligation whatsoever), at the request of the prime contractor, permit the substitution of a subcontractor with equivalent or greater capability for a subcontractor on the identified team. The failure of the Offeror to perform with one or more subcontractors on a recognized team may be grounds for termination for default.
2.1.1.5. Proposal Data Sheet. The Offeror shall submit a
completed copy of Tab D, Proposal Data Sheet, to be included as part of Volume I of the Offeror’s proposal.
2.2. General Proposal Submission Requirements.
2.2.1. Introduction. To ensure timely and equitable evaluation of proposals, Offerors must follow the instructions contained herein. Offerors are required to meet all solicitation requirements, including terms and conditions, representations and certifications and technical requirements, in addition to those identified as evaluation factors. The Offeror shall submit in the proposal all requested information specified in this section of the Request for Proposal (RFP) solicitation at or before the exact time specified. There will be no public opening of the proposals received as a result of this RFP. Failure to meet a requirement shall result in an offer being ineligible for award. Copies of the RFP are available by INTERNET ACCESS ONLY. All RFP documents and any amendments will be made available on through the Beta.SAM.gov website (https://beta.sam.gov). It shall be the Offeror’s responsibility to check the website for any amendments.
2.2.1.1. The PCO has determined there is a reasonable probability of adequate price competition in this acquisition.
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