B.08 W50S9622B0002 - Construct F-16 Mission Training Center.pdf

Project Title: Construct F-16 MTC Project Number: LUXC189012 Location: 114 FW, JOE FOSS FIELD, SIOUX FALLS, SD

Work shall be performed in accordance w ith the plans and specifications. This project is being solicited as a 100% Small Business Set-Aside.

The North American Industry Classif ication System (NAICS) Code is 236220, and the Small Business Size Standard is $39.5M in average receipts for the past three (3) years. Construction project magnitude is betw een $5M and $10M. Firms w ho intend to submit a bid are strongly encouraged to attend the Pre-Bid Conference/Site Visit. See Section 00100 for location, date and time. All documents and the plans and specif ications for this solicitation w ill be available only from Contract Opportunities located at https://sam.gov. Contractors should check the w ebsite regularly for updates to this solicitation.

Funds are currently available for this requirement. Aw ard w ill be made to the responsible bidder w hose bid conforms to the invitation for bids and is most advantageous to the Government considering only price and price related factors.

X

KURTIS C. LUNSTRA 605-988-5930

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

17-Aug-2022

(RFP)

(IFB)

CALL:

Construct F16 Mission Training Center

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 _______30 calendar days and complete it w ithin ________420 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________FAR 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 __________0 copies to perform the w ork required are due at the place specified in Item 8 by ___________ local time ______________20 Sep 2022 (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 offers 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

SDANG 114FW BASE CONTRACTING

1201 W ALGONQUIN ST

SIOUX FALLS SD 57104-0264

W50S96

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.

LUXC189012

8. ADDRESS OFFER TO (If Other Than Item 7)

FAX:TEL: TEL: FAX:

W50S9622B0002 78

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

W50S9622B0002

Section 00010 - Solicitation Contract Form

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Construct F-16 Mission Training Center

FFP

Base Bid - Provide all plant, labor, transportation, materials, tools, equipment, appliances, and supervison necessary for Project LUXC189012, Construct F-16 MTC. The contractor must provide all labor, equipment and materials for the construction of a new 12,953 SF facility. Work shall be completed in accordance with the project plans and specifications.

FOB: Destination MFR PART NR: None

SIGNAL CODE: A

PSC CD: Y1EB

NET AMT

1001 1 Job OPTION Masonry Wall

FFP

Option 1 - Provide all labor, equipment and materials necessary to construct approximately 40 LF of masonry wall and 50 LF of 8' tall chain link fence with visual slats at the mechanical equipment yard in lieu of a chain link fence only.

Provide a dumpster enclosure with concrete pad in accordance with the project plans and specifications.

FOB: Destination MFR PART NR: None

1002 1 Job OPTION Signage

FFP

Option 2 - Provide all labor, equipment and materials necessary to install illuminated unit insignia sign, base standard building sign, interior window roller shades, and interior building signage in accordance with the project plans and specifications.

FOB: Destination MFR PART NR: None

1003 1 Job OPTION Landscaping

FFP

Option 3 - Provide all labor, equipment and materials necessary to install landscaping (trees, shrubs, rock beds, metal edging, etc.) and an irrigation system in lieu of grass only in accordance with the project plans and specifications.

FOB: Destination MFR PART NR: None

1004 1 Job OPTION Temporary Staging Drives

FFP

Option 4 - Provide all labor, equipment and materials necessary to construct four

(4) temporary aggregate staging drives located at the simulator bay entrances in lieu of grass only in accordance with the project plans and specifications.

FOB: Destination MFR PART NR: None

1005 1 Job OPTION Masonry Wainscot

FFP

Option 5 - Provide all labor, equipment and materials necessary to install brick masonry wainscot at 11'-8" and 15'-0" in lieu of 3'-4" on vertical building entry monolith and decorative horizontal wall panels in lieu of vertical wall panels in accordance with the project plans and specifications.

FOB: Destination MFR PART NR: None

1006 1 Job OPTION Parking Lot

FFP

Option 6 - Provide all labor, equipment and materials necessary to pave the parking lot, install curb and gutter, drainage system, sidewalks, pole lighting, washed river rock building border with metal edging in lieu of grass only, and add striping for 22 parking spaces in accordance with the project plans and specifications.

FOB: Destination MFR PART NR: None

1007 1 Job OPTION Interior Floor Finishes

FFP

Option 7 - Provide all labor, equipment and materials necessary to install interior floor finishes in accoradance with the room finish schedule and the project plans and specifications.

FOB: Destination MFR PART NR: None

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 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

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 420 dys. ANP 1 F9A3RP - SDANG (SRM AND

CONSTRUCTION)

NICK BENZ

1201 W ALGONQUIN ST

SIOUX FALLS SD 57104-0264

605-988-5424

F9A3RP

1001 420 dys. ANP 1 (SAME AS PREVIOUS LOCATION)

1002 420 dys. ANP 1 (SAME AS PREVIOUS LOCATION)

1003 420 dys. ANP 1 (SAME AS PREVIOUS LOCATION)

1004 420 dys. ANP 1 (SAME AS PREVIOUS LOCATION)

1005 420 dys. ANP 1 (SAME AS PREVIOUS LOCATION)

1006 420 dys. ANP 1 (SAME AS PREVIOUS LOCATION)

1007 420 dys. ANP 1 (SAME AS PREVIOUS LOCATION)

SECTION 00010 NOTES

TABLE OF CONTENTS

SECTION 00010 – BID SCHEDULE (CONTRACT LINE ITEMS) and NOTES

SECTION 00100 – INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

SECTION 00600 – REPRESENTATIONS & CERTIFICATIONS

SECTION 00700 – CONTRACT CLAUSES

SECTION 00800 – SPECIAL CONTRACT REQUIREMENTS

SECTION 01000 – GENERAL REQUIREMENTS

ATTACHMENT 1 – Plans LUXC189012 ( ref. 252.236-7001 in this solicitation) ATTACHMENT 2 – Specifications Volume 1 LUXC189012 (ref. 252.236-7001 in this solicitation) ATTACHMENT 3 – Specifications Volume 2 LUXC189012 (ref. 252.236-7001 in this solicitation)

*NOTE: Plans and specifications are not attached to the solicitation. Due to security reasons, plans and specifications are only available through https://sam.gov/content/opportunities. Reference Section 00100 item 4(f) of this solicitation.

SECTION 00010 - NOTES

1. All information relating to this Invitation For Bid, including pertinent changes/amendments will be posted at System for Award Management (SAM) http://sam.gov. For security reasons, all potential offerors, plan rooms and printing companies are required to have a Unique Entity ID and be registered in the SAM database. Entities can register or renew at http://sam.gov. The required representations and certifications are also submitted at http://sam.gov.

2. Emailed bids are preferred. Hand carried or mailed bids are allowed. Facsimile transmission of bid is not authorized.

3. Offeror’s attention is directed to the bid bond and insurance requirement contained in this solicitation:

a. FAR 52.228-1 Bid Guarantee (SEP 1996). Bid bond shall be furnished by time set for opening bids.

b. FAR 52.228-5 – Insurance-Work on a Government Installation (Jan 1997)). Certification of the required coverage for the prime contractor shall be furnished prior to beginning work on this contract. The Contracting Officer may also request evidence of the required insurance at any time during the life of the contract.

4. The prices shown in the Bidding Schedule must reflect ALL costs involved in performing the work as described in the plans and specifications.

5. The term “Bidding Schedule” shall also be construed to mean “Offer Schedule” or “Schedule”. The terms “bid”, “offer”, “bidder”, and “offeror” shall be construed as having the same meaning in this solicitation and resulting contract.

6. A complete bid package must contain the following:

a. Offer, Standard Form (SF) 1442 front and back signed.

b. Section 00010 Line Items- All items (‘Base Bid’ and ‘Options’) must be priced (even if $0.00).

Line 0001 is the BASE BID and line items 1001, 1002, 1003, 1004, 1005, 1006, 1007, and 1008 are OPTIONS.

c. Section 00600, Representations and Certifications, completed and return only additional certifications found in this section. In addition, the offeror must have entered current and complete data within the past year in Online Representations and Certifications at https://sam.gov.

d. When completing the “Offeror” portion of the SF 1442 (Blocks 14 – 20), an official having the authority to contractually bind the company must sign the SF 1442 in accordance with FAR 4.102.

One copy of the SF1442 is required to have an original ink signature.

e. All amendments to the solicitation must be acknowledged. Receipt by the offeror must be acknowledged in the space provided on the SF 1442 OR by returning a signed copy of each amendment by the time set for receipt of bids.

f. Bid Bond and Power of Attorney can be sent electronically (PDF) with an electronically submitted bid and originals will be required prior to award. Ensure any raised seals are visibile in the PDF to the maximum extent practicable.

g. Emailed bids must have “Solicitation No. W50S9622B0002 – Construct F-16 Mission Training Center” in the subject line. If you choose to mail or hand deliver your bid, you must clearly mark the front of the envelope “Solicitation No. W50S9622B0002”, along with a return address and a the name of the bidder.

7. Joint Venture Requirements - Parties wishing to propose as a joint venture must submit, with the Pro Forma documents, an executed copy of the joint venture agreement. The joint venture agreement shall be executed in accordance with FAR 4.102(d). Each joint venture partner shall submit evidence satisfactory to the Contracting Officer that its Board of Directors has approved its participation in the joint venture or by an instrument of similarly binding character in the case of an unincorporated entity. Offerors are reminded that to obtain an award the awardee, to include a joint venture, must be registered in the System for Award Management (SAM) database. Applicable to set-aside solicitations: Joint Ventures must meet applicable size standards (See FAR Subpart 19.1). Submit with the proposal any size determination for the Joint Venture entity received from the Small Business Administration. A Joint Venture where-in one party is not a small business may be referred to the Small Business Administration ( IAW FAR 19.302 (b)) to determine eligibility. All questions regarding Joint Ventures must be directed to the Small Business Administration (SBA) and not the Contracting Officer.

End of Section 00010

Section 00100 - Bidding Schedule/Instructions to Bidders

INSTRUCTIONS TO BIDDERS

SECTION 00100 - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

Description of the Project: Construct a new 12,953sqft F16 Mission Training Center including four aircraft simulator bays, with supporting spaces, administrative space, and site work. General construction must provide all labor, equipment and material for the construction to include: demolition, site work, landscaping, concrete, asphalt paving, utilities, masonry, standing seam metal roofing, structural steel and miscellaneous metals, doors, windows and glazing, HVAC and DDC, plumbing, electrical and communications systems, fire and security alarm systems, fire suppression, flooring, demountable wall systems, painting, and other miscellaneous work as required. Proposal Options to include: (1) Construct masonry wall, chain link fence, dumpster enclosure w/ concrete pad, (2) Provide illuminated sign, standard building sign, window roller shades, & interior signage, (3) Provide landscaping (trees, shrubs, rock beds) & irrigation system I.L.O. grass only, (4) Provide aggregate temporary staging drives (4 simulator door locations) I.L.O. grass, (5) Tall brick masonry wainscot, building entry monolith, horizontal wall panels I.L.O.

vertical wall panels, (6) Parking lot pavement w/ lighting, curb & gutter, drainage system, sidewalks, rock border, and (7) Provide interior floor finishes.

1. INSTRUCTIONS TO BIDDERS:

a. You are invited to submit a bid in response to our Invitation for Bids (IFB) entitled W50S9622B0002 – Construct F-16 MTC, Project Number LUXC189012, at the 114th Fighter Wing Air National Guard Base, Sioux Falls, SD.

b. As a result of this solicitation, the Government intends to award a Firm Fixed Price (FFP) contract resulting from this solicitation to the responsible bidder whose bid, conforming to the invitation for bids, will be most advantageous to the Government, considering only price.

c. This solicitation is set-aside 100% for small businesses.

2. EVALUATION FOR AWARD.

Option CLINs will be evaluated in accordance with FAR 52.217-5.

3. NOTICE OF PRE-BID CONFERENCE AND SITE VISIT:

a. A pre-bid conference will be conducted on August 31, 2022 at 1:00 PM CST for the purposes of briefing on the bid requirements and answering questions regarding this solicitation. This conference will be held at 114th Fighter Wing – South Dakota Air National Guard Base, 1201 West Algonquin St, Sioux Falls, SD 57104. Interested Contractors are highly encouraged to attend the pre-bid conference. The site visit will be held following the conference.

b. In order to ensure your access to the military base and conference site, all attendees must register to attend this Pre-Bid Conference and Site Visit 5 days prior. Even if you have already have access to the base you must register to attend. Please register by sending an email with the following information for all attendees a minimum of 5 days in advance:

Send TO:

kurtis.lunstra@us.af.mil, jeremiah.minter@us.af.mil, monty.c.eisenbraun.mil@army.mil

SUBJECT: W50S9622B0002 PRE-BID CONFERENCE REGISTRATION

BODY:

Company Name Each Attendee’s Name Email Address Phone Number

c. Additional information will be requested. The furnishing of the requested information is voluntary; however, your failure to furnish all or part of the requested information may result in the Government’s denial of your access to the pre-bid conference. This information will be provided to the Base Security Forces who will authorize your entrance to the site.

d. Visitors must pick up their passes at the Installation’s Main Entry Gate prior to the meeting. Please arrive 30-45 minutes early to allow sufficient time for processing. You will be required to present the following information upon arrival: a valid Drivers License or valid Government issued identification. Any of the above information furnished by you is protected under the Privacy Act and shall not be released unless permitted by law and/or you have consented to such.

e. Information provided at this conference or site visit shall not qualify the terms and conditions of the solicitation and specifications. Terms of the solicitation and specifications remain unchanged unless the solicitation is amended in writing. If an amendment is issued, normal procedures relating to the acknowledgment and receipt of solicitation amendments shall apply.

f. A record of the conference shall be made and furnished to all prospective bidders via posting at https://sam.gov. The record will include minutes of the meeting, sign-in sheet, and presentation slides.

4. FORMAL COMMUNICATION, OFFEROR EXPLANATIONS:

a. All questions and requests for information (RFI) must be received NOT LATER THAN seven (7) days prior to bid opening. OFFERORS ARE STRONGLY ENCOURAGED TO SUBMIT

QUESTIONS EARLY IN THIS PROCESS.

b. All questions must sent be sent to the Contracting Office. Do NOT contact AE or Engineering personnel directly. Doing so will only delay your answer. Use the format shown below for submitting all questions.

jeremiah.minter@us.af.mil, monty.c.eisenbraun.mil@army.mil

SUBJECT: W50S9622B0002 PRE-BID QUESTION

BODY:

Company Name Name of Company POC Email Address Phone Number Clearly state your question using Plans and/or Spec section references

c. Any explanation desired by an offeror regarding the meaning or interpretation of the solicitation, or proposals, drawings, specifications, etc. must be requested in writing and with sufficient time allowed for a reply to reach bidders before the submission of their bid.

d. Any changes to the drawings, specifications, etc. will be issued in the form of an amendment.

However, any answers that clarify or provide an interpretation to the drawings, specifications, etc.

will NOT be posted via amendment but rather as a response to the RFI on SAM.gov at https://sam.gov.

e. Amendments to the Solicitation must be acknowledged in the space provided on the SF 1442 or by returning a signed copy of the amendment as part of your bid and by no later than the closing date established in Block 13.

f. For security reasons, all information and data related to this solicitation will be distributed using the Contract Opportunities (SAM.gov) system. Plans and specifications are locked on SAM.gov and require Contractors to request explicit access from the Contracting Officer OR export controlled access through DLA. See complete instructions on SAM.gov. SAM.gov is a web-based dissemination tool designed to safeguard acquisition-related information for all Federal agencies.

Interested bidders/offerors must register with SAM.gov before accessing the system.

g. Amendments, if/when issued will be posted to https://sam.gov for electronic downloading. This will normally be the only method of distributing amendments prior to closing; therefore, it is the offerors responsibility to check the website periodically for any amendments to the solicitation.

Websites are occasionally inaccessible due to various reasons.

5. BID REPOSITORY AND BID OPENING:

a. The bid opening will occur at the time and date specified in Block 13 of the SF1442. All interested offerors and their major subcontractors are encouraged to attend the bid opening.

b. Email is the preferred method of delivery for bids. Please submit using Microsoft Word or Adobe Acrobat (PDF). Documents must not be locked or require a password.

monty.c.eisenbraun.mil@army.mil, jeremiah.minter@us.af.mil

SUBJECT: Bid for W50S9622C0001 Construct F16 Mission Training Center

c. Bids may also be mailed to the address in Block 7 of the SF1442 or hand carried to the bid opening.

d. Hand carried bids must be received by the Contracting Office and must be time stamped prior to the closing time/date established in Block 13 of the SF1442. Instructions for obtaining entry to hand carry bids or attend the bid opening will be provided upon request by sending an email at least 7 days prior to the closing date to kurtis.lunstra@us.af.mil, monty.c.eisenbraun.mil@army.mil, and jeremiah.minter@us.af.mil.

e. Late receipt of bids may not be deemed excusable and the Contracting Officer may declare the bid

“late” in accordance with FAR 14.304.

6. WAGE DETERMINATION:

Construction Wage Rates applicable to this project are SD20220028 Modification 2, dated 05/20/2022, and provided in Section 00800.

7. BID PREPARATION EXPENSES AND PRE-CONTRACT COSTS:

This IFB does not commit the Government to pay costs incurred in preparation and submission of bids or for other costs incurred prior to award of a formal contract.

8. CLAUSES:

Clauses and provisions from the Federal Acquisition Regulation (FAR) and supplements thereto are incorporated in this document by reference and in full text. Those incorporated by reference have the same force and effect as if they were given in full text.

9. DISPOSITION OF UNSUCCESSFUL BIDS:

In compliance with FAR Subpart 4.8, the Government will retain one copy of all unsuccessful bids including the bid bond.

10. OFFERORS QUALIFICATIONS:

To establish its responsibility, the apparent low bidder may be requested by the Government prior to award, to submit a statement regarding his previous experience in performing comparable work, his business and technical organization, financial and bonding resources and plant available to be used in performing the work. This action may be requested to determine if the contractor is responsible.

11. BRAND NAME OR SOLE SOURCE JUSTIFICATIONS:

* None

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-22 Alternative Line Item Proposal JAN 2017 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 52.222-5 Construction Wage Rate Requirements--Secondary Site of the

Work

MAY 2014

252.204-7008 Compliance With Safeguarding Covered Defense Information Controls

OCT 2016

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements MAR 2022 252.215-7008 Only One Offer JUL 2019 252.225-7055 Representation Regarding Business Operations with the

Maduro Regime

MAY 2022

252.225-7973 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems - Representation (DEVIATION 2020- O0015)

MAY 2020

252.225-7974 (Dev) Representation Regarding Business Operations with the Maduro Regime (DEVIATION 2020-O0005)

FEB 2020

CLAUSES INCORPORATED BY FULL TEXT

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)

52.217-5 EVALUATION OF OPTIONS (JUL 1990)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

Goals for minority participation for each trade

Goals for female participation for each trade

1.2% 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: 114th Fighter Wing, 1201 W Algonquin St, Sioux Falls, SD 57104.

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

TRADE AGREEMENTS (MAY 2014)

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

(b) Requests for determination of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of FAR clause 52.225-11 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction materials, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(4)(i) of FAR clause 52.225-11.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers. (1) When an offer includes foreign construction material, other than designated country construction material, that is not listed by the Government in this solicitation in paragraph (b)(3) of FAR clause 52.225-11, the offeror also may submit an alternate offer based on use of equivalent domestic or designated country construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of FAR clause 52.225-11 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of FAR clause 52.225-11 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic or designated country construction material, and the offeror shall be required to furnish such domestic or designated country construction material. An offer based on use of the foreign construction material for which an exception was requested-- (i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

52.228-1 BID GUARANTEE (SEP 1996)

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

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

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

(c) The amount of the bid guarantee shall be 20 percent of the bid price or $3,000,000.00, 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:

Office of the Chief Counsel ATTN: NGB Protest Decision Authority 111 S George Mason Dr, AH2 Arlington, VA 22204-1373 FAX: (703) 607-3684 or 3682

Protest to the Contracting Officer shall be filed at:

114 FW/MSC Base Contracting Office Monty Eisenbraun % Kurtis Lunstra 1201 W Algonquin St Sioux Falls, SD 57104

ONLY WRITTEN PROTESTS WILL BE CONSIDERED. NO PROTESTS MAY BE FILED BY ELECTRONIC

MAIL.

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

52.236-7 PERMITS AND RESPONSIBILITIES (NOV 1991)

The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits, and for complying with any Federal, State, and municipal laws, codes, and regulations applicable to the performance of the work. The Contractor shall also be responsible for all damages to persons or property that occur as a result of the Contractor's fault or negligence. The Contractor shall also be responsible for all materials delivered and work performed until completion and acceptance of the entire work, except for any completed unit of work which may have been accepted under the contract.

(End of clause)

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: SEE SECTION 00100

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

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

https://www.acquisition.gov/

52.252-3 ALTERATIONS IN SOLICITATION (APR 1984)

Portions of this solicitation are altered as follows:

NONE

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.

Section 00600 - Representations & Certifications

52.209-13 Violation of Arms Control Treaties or Agreements --

Certification

NOV 2021

252.203-7005 Representation Relating to Compensation of Former DoD Officials

NOV 2011

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAY 2022)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 236220.

(2) The small business size standard is $39,500,000.

(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees if the acquisition--

(i) Is set aside for small business and has a value above the simplified acquisition threshold;

(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

( ) Paragraph (d) applies.

( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.204-26, Covered Telecommunications Equipment or Services--Representation. This provision applies to all solicitations.

(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations--Representation.

(viii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(x) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.

(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).

(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xvi) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial products or commercial services.

(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.

(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.)

(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xxi) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates 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 $92,319, the provision with its Alternate II applies.

(D) If the acquisition value is $92,319 or more but is less than $100,000, the provision with its Alternate III applies.

(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.

(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.

(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[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 (NOV 2021)

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

(a) Definitions. As used in this provision-

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

(b) Prohibition.

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

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

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

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

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

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or…