B.08 W912PL21R0015_VamoriWashHighWaterCrossing_Specifications.pdf

RFP No. W912PL21R0015

U.S. ARMY CORPS OF ENGINEERS

LOS ANGELES DISTRICT

REQUEST FOR PROPOSALS

DEPARTMENT OF HOMELAND

SECURITY

CUSTOMS AND BORDER

PROTECTION

VAMORI WASH HIGH WATER

CROSSING

TOHONO O'ODHAM NATION,

ARIZONA

CONSTRUCTION SOLICITATION AND SPECIFICATIONS

Solicitation May 2021

100% Total Small Business Set-Aside

(See ).

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair) IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

9. FOR INFORMATION

CALL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid and "bidder".

SOLICITATION

1. SOLICITATION NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

CODE

6. PROJECT NUMBER4. CONTRACT NUMBER

7. ISSUED BY

11. The contractor shall begin performance within

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES", indicate within how many calendar days after award in Item 12b.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and

b. An offer guarantee

c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

d. Offers providing less than

STANDARD FORM 1442 (REV. 8/2014)

Prescribed by GSA - FAR (48 CFR) 53.236-1(d) calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

is, is not required.

copies to perform the work required are due at the place specified in Item 8 by (hour) award, YES NO notice to proceed. This performance period is mandatory negotiable.

calendar days and complete it within calendar days after receiving

a. NAME b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

12b. CALENDAR DAYS

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED PAGE OF PAGES

W912PL21R0015

USACE, LOS ANGELES DISTRICT

CONTRACTING DIVISION

915 WILSHIRE BLVD, SUITE 930

LOS ANGELES, CA 90017

TEL: 213-452-3242

FAX: 213-452-4187

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)

The U.S. Army Corps of Engineers Los Angeles District is soliciting for award of a construction contract for the Tohono O'odham Nation and Customs and Border Patrol - Integrated Fixed Tower (TON IFT) Project titled Vamori Wash High Water Crossing. The project is to construct roads, improve portions of existing road and develop new drainage box culverts culverts and The IFT sites are located in USBP Ajo and Casa Grande Stations Area of Responsibilities (AORs) within the main reservation of the Tohono O'odham Nation in Pima County, Arizona.

This solicitation is 100% Total Small Business Set Aside.

Estimated cost range is between $10,000,000 and $20,000,000. NAICS code is 237310-Highway, Street, and Bridge Construction with a size standard of $39.5M.

Solicitation W912PL21R0015 and all amendments for this acquisition will be posted on https://beta.sam.gov/. The government intends to issue this solicitation and amendments through the use of the Internet (Web Only). No additional media (CD ROMs, Floppy Disks, Faxes, or Hard Copy) will be provided unless the Government determines that is is necessary.

All offerors/bidders are advised that this procurement may be delayed, canceled or revised at any time during the solicitation, evaluation, negotiation, and/or final award process.

8. ADDRESS OFFER TO

Proposals are to be submitted electronically via DoD Safe. See Section 00 21 00 for instruction.

W912PL

DOMINIC M PEBENITO 213-452-3243

2:00 pm

Section 00 73 00

1 electronic local time 01 July 2021 (date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

X

28 May 2021 1 2

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement by the Government in writing within stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

OFFER (Must be fully completed by offeror)

AMOUNTS

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

NUMBER

DATE.

AWARD (To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

CODE FACILITY CODE

15. TELEPHONE NUMBER (Include area code)

16. REMITTANCE ADDRESS (Include only if different than Item 14.)

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print)

21. ITEMS ACCEPTED:

22. AMOUNT

26. ADMINISTERED BY

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print)

31c. DATE

STANDARD FORM 1442 (REV. 8/2014) BACK

31b. UNITED STATES OF AMERICA

BY

31a. NAME OF CONTRACTING OFFICER (Type or print)

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30b. SIGNATURE 30c. DATE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

copies to issuing office.) Contractor agrees to furnish

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

23. ACCOUNTING AND APPROPRIATION DATA

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

27. PAYMENT WILL BE MADE BY

10 U.S.C. 2304(c) ( ) 41 U.S.C. 3304(a) ( )

20b. SIGNATURE 20c. OFFER DATE

DUNS: TAX ID NO:

CAGE:

See Section 00 10 00 Solicitation Contract Line Item Number (CLIN) Schedule

USACE, FINANCE CENTER

ATTN: CEFCO-AO-D

5722 Inegrity Drive Millington, TN 38054-5005

VAMORI WASH HIGH WATER CROSSING W912PL21R0015

TOHONO O’ODHAM NATION, AZ

00 01 05 (1) May 2021 Solicitation

SECTION 00 01 05

Certification Page

CERTIFICATE OF OFFEROR’S

PRINCIPAL

(1) IF THE OFFEROR IS PARTNERSHIP OR JOINT VENTURE, LIST FULL

NAME OF ALL PARTNERS/ JOINT VENTURERS (Add addendum as necessary):

(Company Name) (Signature) (Title)

(Company Name) (Signature) (Title)

(Company Name) (Signature) (Title)

(2) IF THE OFFEROR IS A CORPORATION, THE FOLLOWING CERTIFICATION

SHOULD BE COMPLETED:

CERTIFICATION AS TO CORPORATE

PRINCIPAL

I, , certify that I am the Secretary of the corporation named as principal in the within SF 1442; that , who signed the SF 1442 at Block 20B on behalf of the principal, was the of the corporation; that I know the individual’s signature and that his/her signature is genuine;

and that said Offer was duly signed, sealed and attested for on behalf of said corporation by authority of its governing body.

CORPORATE PRINCIPAL

CORPORATE SEAL

SECRETARY

(3) IF THE OFFEROR IS A LIMITED LIABILITY COMPANY/PARTNERSHIP, LIST

00 01 05 (2) May 2021 Solicitation

FULL NAME OF ALL MANAGERS BELOW (Add addendum as necessary).

SIGNATURES BY ALL MANAGERS HERE SIGNIFY THAT THE INDIVIDUAL

WHO SIGNED THE OFFER IN BLOCK 20B OF THE SF 1442 HAS THE

AUTHORITY TO BIND THE LIMITED LIABILITY COMPANY/PARTNERSHIP.

(Officer’s Name) (Signature) (Title)

(4) IF THE OFFEROR IS AN INDIVIDUAL DOING BUSINESS AS A FIRM, THE OFFER

SHALL BE SIGNED BY THAT INDIVIDUALIN BLOCK 20B FOLLOWED BY THE

WORDS “AN INDIVIDUAL DOING BUSINESS AS

____________________________________ (INSERT NAME OF FIRM).

(5) WHEN AN AGENT SIGNS THE OFFER, PROVIDE PROOF OF THE AGENT’S

AUTHORITY TO BIND THE PRINCIPAL

VAMORI WASH HIGH WATER CROSSING

TOHONO O'ODHAM NATION, AZ

W912PL21R0015

SF-1442 - SOLICITATION AND AWARD

00 01 05 CERTIFICATION PAGE

00 01 10 00 10 00

00 21 00 INSTRUCTIONS

00 21 16 INSTRUCTIONS TO PROPOSERS

00 22 00 SUPPLEMENTARY INSTRUCTIONS

00 22 16 SUPPLEMENTARY INSTRUCTIONS TO PROPOSERS

00 45 00 REPRESENTATION AND CERTIFICATIONS

00 70 00 CONDITIONS OF THE CONTRACT

00 73 00 SUPPLEMENTARY CONDITIONS

00 73 46 WAGE RATES

01 32 01.00 10 01 33 00 01 35 26 01 42 00 01 45 00.00 10 01 45 00.15 10

01 50 00

01 57 20.00 10

01 57 23 TEMPORARY STORM WATER POLLUTION ONTROL

01 62 35 RECYCLED/RECOVERED MATERIALS

01 78 00

03 11 13.00 10 STRUCTURAL CAST-IN-PLACE CONCRETE FORMING

03 15 00.00 10 CONCRETE ACCESSORIES

03 20 00.00 10 CONCRETE REINFORCING

03 30 00.00 10 03 39 00.00 10

03 40 00.00 10 PLANT-PRECAST CONCRETE PRODUCTS

31 00 00 31 05 19 31 11 00

31 32 11 SOIL SURFACE EROSION CONTROL

32 15 00 32 31 26 32 92 19

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

CONTRACT LINE ITEM NUMBER (CLIN) SCHEDULE

TABLE OF CONTENTS

SECTION 00 01 10

TABLE OF CONTENTS

DIVISION 01 - GENERAL REQUIREMENTS

PROJECT SCHEDULE

RESIDENT MANAGEMENT SYSTEM CONTRACTOR MODE (RMS CM)

SUBMITTAL PROCEDURES

GOVERNMENTAL SAFETY REQUIREMENTS

SOURCES FOR REFERENCE PUBLICATIONS

QUALITY CONTROL

TEMPORARY CONSTRUCTION FACILITIES AND CONTROLS

CLOSEOUT SUBMITTALS

DIVISION 03 - CONCRETE

CAST-IN-PLACE CONCRETE

CONCRETE CURING

DIVISION 31 - EARTHWORK

EARTHWORK

GEOTEXTILE

CLEARING AND GRUBBING

ENVIRONMENTAL PROTECTION

DIVISION 32 - EXTERIOR IMPROVEMENTS

AGGREGATE SURFACE COURSE

WIRE FENCES AND GATES

SEEDING

May 2021

TABLE OF CONTENTS PAGE 1

Solicitation

VAMORI WASH HIGH WATER CROSSING

TOHONO O'ODHAM NATION, AZ

W912PL21R0015

33 40 00

-- End of Project Table of Contents --

DIVISION 33 - UTILITIES

STORM DRAINAGE UTILITIES

May 2021

TABLE OF CONTENTS PAGE 2

Solicitation

HIGH WATER CROSSING VAMORI WASH W912PL21R0015

SECTION 00010 - 1

Section 00 10 00

Pricing Schedule

CONTRACTOR SHALL FURNISH ALL LABOR, MATERIAL, EQUIPMENT, ETC. NECESSARY

TO PERFORM ALL WORK IN STRICT ACCORDANCE WITH THE TERMS AND CONDITIONS

SET FORTH IN THE CONTRACT TO INCLUDE ALL ATTACHMENTS THERETO.

CLIN DESCRIPTION QTY Unit TOTAL AMOUNT

0001 Construct highwater crossing at the Vamori Wash, complete

1 JA $________________

Total Base Bid (CLIN 0001) $________________

OPTION

0002 Provide 100 CY aggregate base 1 JA $________________

0003 Provide additional 100 CY small

RIP RAP

0004 Provide additional 100 CY medium RIP RAP

0005 Provide 50 CY concrete 3,000 PSI 1 JA $_______________

0006 Provide 50 CY concrete 5,000 PSI 1 JA $________________

0007 Provide 100 CY classified fill 1 JA $________________

Total Option (CLIN 0002-0007) $________________

Total Base Bid + Options (CLINS 0001 – 0007) $________________

Contractor Signature: ________________________

Date: ________________________

HIGH WATER CROSSING VAMORI WASH W912PL21R0015

SECTION 00010 - 2

Offeror Notes:

1. Performance Period: The Offeror shall complete and offer on all items in the Pricing Schedule to correspond with the completion time in calendar days after receipt of notice to proceed as specified in Section 00 73 00, Special Contract Requirements, Clause 1, Commencement, Prosecution and Completion of Work.

2. The Contract Clause 52.232-27, "Prompt Payment for Construction Contracts" requires that the name and address of the contractor official, to whom payment is to be sent, be the same as that in the contract or in a proper Notice of Assignment.

3. Procuring Contracting Officer. The Contracting Officer who signs this contract will be the

Procuring Contracting Officer for this contract. However, any Contracting Officer assigned to the Los Angeles District, contracting within his authority, may take formal action on this contract when the Procuring Contracting Officer is unavailable and the action needs to be taken.

4. Payment of Electronic Funds Transfer (EFT) is the mandatory method of payment. The

Contractor’s attention is directed to Contract Clause No. 52.232-33 "Mandatory Information for Electronic Funds Transfer" located in Section 00 70 00.

5. The Offeror shall provide supplemental cost data in sufficient detail to allow analysis of labor, materials, and all else necessary to perform all work in strict accordance with the terms and conditions set forth in the contract. The pricing proposal must provide a summary of total costs for each cost element (labor, equipment, materials, and subcontracts). The Offeror shall identify which items of cost are factual and which are judgmental. The Government requests price competition on all trade work and other related services that will not be performed by the Offeror. If subcontractor quotations or offers for lesser amounts than proposed were available, such quotations or offers should be identified with an explanation for selection of the larger cost element.

6. FAR Clause 52.236-3 “Site Investigation and Conditions Affecting the Work” and FAR Clause

52.236-27, “Site Visit (Construction)”, requires the prospective Offeror to take the necessary steps to ascertain the nature and location of the work associated with this action to include all general and local conditions which could affect the work or its costs. The Government will make available to the Contractor drawings, sketches, and other data which may provide information concerning the performance of the work; however, the Government assumes no responsibility for any conclusions or interpretations made by the prospective Offeror based on the information made available by the Government.

JA = JOB

00 21 00 ‐ 1

Section 00 21 00

Instructions

I. INQUIRIES

II. SMALL BUSINESS SIZE STANDARDS/NAICS CODE

III. PROPOSAL EXPENSES AND PRE-CONTRACT COSTS

IV. PROPOSAL SUBMITTALS

V. DEVIATIONS AND EXCEPTIONS

00 21 00 ‐ 2

I. INQUIRIES

Any prospective offeror desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must request it in writing soon enough to allow a reply to reach all prospective bidders/offerors before submission of their bids/offers. Oral explanations or instructions given before award of a contract are not binding. Any information given to a prospective offeror concerning a solicitation will be furnished promptly to all other prospective offerors as an amendment to the solicitation, if that information is necessary in submitting offers or if lack of it would be prejudicial to other prospective bidders/offerors.

1. All inquiries relating to this solicitation are to be submitted via Bidder Inquiry in ProjNet at https://www.projnet.org/projnet/

A. To submit and review bid inquiry items, offerors will need to be a current registered user, self- register into the ProjNet system.

To access the Bid Inquiry system, go to the ProjNet web page and fill in:

- Managing Agency – USACE

- Email address

- Key Access (this is the Bidder Inquiry Key – see below for key)

- Click on “Sign In”

- You will be prompted for the answer to your secret question on the next screen

If this is your first time accessing ProjNet, you will be directed to a screen titled, “User account not found. Please create one using the form below.” Fill in the requested information (name, company, city, phone #, etc.).

B. From this page, you may view all bidder inquiries or add an inquiry. Please note:

Offerors shall only submit one question per inquiry. All inquiries containing multiple questions may be rejected.

C. Offerors will receive an acknowledgement of their question via email, followed by an answer to their question after it has been processed by our technical team.

The Solicitation Number is: W912PL21R0015

The Bidder Inquiry Key is: FT9356-2T8PQ9

2. The Bidder Inquiry System will be unavailable for new inquires up to 5 business days prior to bid/proposal submission in order to ensure adequate time is allotted to form an appropriate response and amend the solicitation if necessary.

3. Offerors are requested to review the specifications in its entirety, review the Bidder Inquiry System for answers to questions prior to submission of a new inquiry.

00 21 00 ‐ 3

4. The ProjNet call center operates weekdays from 8AM to 5PM U.S. Central Time Zone (Chicago). The telephone number for the ProjNet Call Center is 800-428-HELP.

5. Responses on the Bidder Inquiry System do not revise, change, amend or supersede the provisions of the solicitation. Changes to the solicitation must be by written amendment thereto.

Any Bidder Inquiry System response that can be interpreted to be in conflict with the solicitation or amendment, shall be subordinate to the conflicting provision, term, and/or note, wherever it appears in the solicitation, until revised or altered by a written amendment to the solicitation.

Additionally, offerors may not anticipate a change to the solicitation until the change, revision, correction, or alteration of the solicitation is actually made, in writing and published as an amendment to the solicitation.

(End of Provision)

II. SMALL BUSINESS SIZE STANDARDS/NAICS CODE

See Section 00 45 00, FAR 52.204-8 for the small business size standard/NAICS Code.

III. PROPOSAL EXPENSES AND PRE-CONTRACT COSTS

This Request for Proposal (RFP) does not commit the Government to pay, as a direct charge, any costs incurred in the preparation and submission of a proposal.

IV. PROPOSAL SUBMITTALS

1 SPECIAL INSTRUCTIONS PERTAINING TO SUBMISSION OF ELECTRONIC

PROPOSAL:

The Offeror’s Proposal shall be submitted electronically, as described below. The Proposal will provide the Government address and receipt date for proposal submittal. The Offeror’s proposal shall not contain classified data. The use of hyperlinks in proposals is prohibited.

NOTE: The only authorized transmission method for proposals in response to this solicitation is electronically via SAFE online submission. NO OTHER TRANSMISSION METHODS

(EMAIL, FACSIMILE, REGULAR MAIL, HAND CARRIED, ETC.) WILL BE ACCEPTED.

The Offeror’s proposal must be received by the Government by the date/time specified in the solicitation. Offerors shall email their proposal using the following link: https://safe.apps.mil/ Please send proposals using the link above to Contract Specialist Dominic Pebenito at Dominic.M.Pebenito@usace.army.mil and Contracting Officer Christina M. Chavez at Christina.Chavez@usace.army.mil

1.1 INSTRUCTIONS FOR SUBMITTING ELECTRONICS:

00 21 00 ‐ 4

In an effort to reduce paperwork and cost, all proposals shall be submitted electronically through the SAFE site. Submission shall be in Adobe PDF format.

You are limited to five (5) maximum files per upload (total size cannot exceed 2GB). If you have a large number of files, it is recommend that you combine or ZIP your files before uploading to the SAFE site. Offerors may use compression utility software such as WinZip or PKZip to reduce file size and facilitate transmission.

REQUEST FOR UPLOAD CODE: Offerors must email Contract Specialist Dominic Pebenito at Dominic.M.Pebenito@usace.army.mil or Christina M Chavez at Christina.Chavez@usace.army.mil no later than five (5) working days prior to the proposal due date to receive a request code which will allow for file uploads via the SAFE site. Offerors who fail to email for request a code five (5) working days before proposal submission date may not be able to receive a request code in time to upload their submission.

FILE DESCRIPTION: Include a “File Description” for each file(s) you upload.

The “File

Description” will be included in the email notice to each of the recipients you choose to have access your file(s).

NOTE: Do NOT enter Privacy Act Data (Personal Identification Information (PII)) in the File Description.) Submission shall be in Adobe PDF format.

1.2 INSTRUCTIONS TO FOLLOW ON THE SAFE WEBSITE:

Once at the DOD SAFE website select the “Drop-off” icon. This allows users without a CAC or users whose computer is not configured to read a CAC the option to access the SAFE site as a guest.

After selecting the “Click Here” link you will be prompted to add your personal information, file information, recipient (Government representative) information and email settings.

When completing your file information for transmittal via the DOD SAFE website, you will be required to enter the email address for all recipients. For this solicitation, the recipients are the Contract Specialist and the Contracting Officer.

The Contract Specialist for this solicitation Contract Specialist Contract Specialist Dominic Pebenito: Dominic.M.Pebenito@usace.army.mil and Contracting Officer Christina M. Chavez: Christina.Chavez@usace.army.mil

The E-Mail address of the Government Employee who initiated the request code will be automatically entered. The Proposer must enter the E-Mail address for

00 21 00 ‐ 5 both the Contracting Officer and Specialist. The Proposer can enter an additional E-Mail address if desired. After entering the email address, click the ADD button to add the person(s) email to the “Recipients List” of your response. When your proposal is submitted, a notification will be sent to the recipients you added.

NOTE: Do NOT send the SAFE site packages to group email accounts. Even if you successfully upload your proposal/bid to the SAFE site, notification will not be sent to the government recipients until you verify your email address. Entering an incorrect email may result in the rejection of your submission for lateness. A Proposer can confirm proper submission by the ‘Drop-Off Completed” screen which generates based on proper file submission.

NOTE: It has been reported that documents are more quickly uploaded into the SAFE website when using a Firefox web browser. The Government cannot verify that this is true and offers no guarantee that Offerors will have more success utilizing any particular browser.

1.3 RECEIPT OF SUBMISSIONS:

For the purposes of establishing whether a proposal submission is considered timely, the government considers the date and time the submission is completely uploaded into the SAFE website. For proposals larger than the 2GB capacity of the SAFE website and require multiple submissions, the Government will consider the date and time the last submission is completely uploaded into the SAFE website. Do not assume that electronic communication is instantaneous. It can take several minutes or even hours in some cases. The government will not be responsible for submissions delivered to any location or to anyone other than those designated to receive proposals. Offerors are responsible for ensuring that proposals are submitted so as to reach the designated recipient. Offerors are responsible for allowing sufficient time for the proposal to be received in accordance with the instructions provided.

1.4 FORMAT AND CONTENTS OF ELECTRONIC PROPOSAL:

The only authorized transmission method for proposals in response to this solicitation is electronically via SAFE online submission. NO OTHER

TRANSMISSION METHODS (EMAIL, FACSIMILE, REGULAR MAIL,

HAND CARRIED, ETC.) WILL BE ACCEPTED. SUBMIT YOUR PROPOSAL

ELECTRONICALLY AS INSTRUCTED IN THIS SECTION, REFERENCE

SPECIAL INSTRUCTIONS PERTAINING TO SUBMISSION OF

ELECTRONIC PROPOSALS.

The Offeror’s proposal must be received by the Government by the date/time specified in the solicitation. Offerors shall email their proposal using the following link: https://safe.apps.mil/.

Please send proposals using the link above to Contract Specialist Dominic Pebenito at

00 21 00 ‐ 6

Dominic.M.Pebenito@usace.army.mil and Contracting Officer Christina M. Chavez at Christina.Chavez@usace.army.mil

V. DEVIATIONS AND EXCEPTIONS

Deviations and exceptions to the terms and conditions of the solicitation in either the technical or price proposal are neither encouraged nor desired. Should the offer include any standard company terms and conditions that conflict with the terms and conditions of the solicitation, the offer may be determined “unacceptable” and thus ineligible for award. Should the Offeror have any questions related to specific terms and conditions, these must be resolved prior to submission of the offer. Notwithstanding the above, if deviations and exceptions are included with the offer, the Offeror shall list and describe in detail the deviations and/or exceptions on the first page of each Tab. All deviations and exceptions shall be fully supported with the Offeror’s rationale and shall fully explain the impact, if any, on the performance and/or specific requirement of the RFP. The Offeror shall clearly describe on the Proposal Cover Sheet submitted with the Price Proposal any exception to the contractual and/or technical terms and include the monetary impact on the solicitation with the price proposal. This information will not be evaluated separately but may impact the evaluation of other factors.

00 21 16 - 1

Section 00 21 16

Instructions to Proposers

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 52.215-16 Facilities Capital Cost of Money JUN 2003 52.215-22 Limitations on Pass-Through Charges--Identification of

Subcontract Effort

OCT 2009

52.225-10 Notice of Buy American Requirement--Construction Materials

MAY 2014

252.215-7010 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data

JUL 2019

CLAUSES INCORPORATED BY FULL TEXT

Table of Contents 52.211-2 AVAILABILITY OF SPECIFICATIONS, STANDARDS, AND DATA ITEM DESCRIPTIONS LISTED IN THE ACQUISITION STREAMLINING AND STANDARDIZATION INFORMATION SYSTEM (ASSIST) (APR 2014) 2

52.211-14 NOTICE OF PRIORITY RATING FOR NATIONAL DEFENSE, EMERGENCY PREPAREDNESS, AND

ENERGY PROGRAM USE (APR 2008)

52.215-1 INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION (JAN 2017)

52.216-1 TYPE OF CONTRACT (APR 1984)

52.217-5 EVALUATION OF OPTIONS (JUL 1990)

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

OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (MAY 2014)

52.228-1 BID GUARANTEE (SEP 1996)

52.233-2 SERVICE OF PROTEST (SEP 2006)

52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) – ALTERNATE I (FEB 1995)

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

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

252.204-7019 NOTICE OF NIST SP 800-171 DOD ASSESSMENT REQUIREMENTS (NOV 2020)

00 21 16 - 2

52.211-2 AVAILABILITY OF SPECIFICATIONS, STANDARDS, AND DATA ITEM DESCRIPTIONS

LISTED IN THE ACQUISITION STREAMLINING AND STANDARDIZATION INFORMATION

SYSTEM (ASSIST) (APR 2014)

(a) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(1) ASSIST (https://assist.dla.mil/online/start/);

(2) Quick Search (http://quicksearch.dla.mil/);

(3) ASSISTdocs.com (http://assistdocs.com).

(b) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--

(1) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

(2) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(3) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone

(215) 697-2667/2179, Facsimile (215) 697-1462.

(End of provision)

52.211-14 NOTICE OF PRIORITY RATING FOR NATIONAL DEFENSE, EMERGENCY

PREPAREDNESS, AND ENERGY PROGRAM USE (APR 2008)

Any contract awarded as a result of this solicitation will be DX rated order; X DO rated order certified for national defense, emergency preparedness, and energy program use under the Defense Priorities and Allocations System (DPAS) (15 CFR 700), and the Contractor will be required to follow all of the requirements of this regulation. [Contracting Officer check appropriate box.]

52.215-1 INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION (JAN 2017)

(a) Definitions. As used in this provision--

“Discussions” are negotiations that occur after establishment of the competitive range that may, at the Contracting Officer's discretion, result in the offeror being allowed to revise its proposal.

“In writing or written” means any worded or numbered expression which can be read, reproduced, and later communicated, and includes electronically transmitted and stored information.

“Proposal modification” is a change made to a proposal before the solicitation's closing date and time, or made in response to an amendment, or made to correct a mistake at any time before award.

“Proposal revision” is a change to a proposal made after the solicitation closing date, at the request of or as allowed by a Contracting Officer as the result of negotiations.

“Time”, if stated as a number of days, is calculated using calendar days, unless otherwise specified, and will include Saturdays, Sundays, and legal holidays. However, if the last day falls on a Saturday, Sunday, or legal holiday, then https://assist.dla.mil/online/start/ http://quicksearch.dla.mil/ http://assistdocs.com/ https://assist.dla.mil/wizard/index.cfm

00 21 16 - 3 the period shall include the next working day.

(b) Amendments to solicitations. If this solicitation is amended, all terms and conditions that are not amended remain unchanged. Offerors shall acknowledge receipt of any amendment to this solicitation by the date and time specified in the amendment(s).

(c) Submission, modification, revision, and withdrawal of proposals. (1) Unless other methods (e.g., electronic commerce or facsimile) are permitted in the solicitation, proposals and modifications to proposals shall be submitted in paper media in sealed envelopes or packages (i) addressed to the office specified in the solicitation, and (ii) showing the time and date specified for receipt, the solicitation number, and the name and address of the offeror.

Offerors using commercial carriers should ensure that the proposal is marked on the outermost wrapper with the information in paragraphs (c)(1)(i) and (c)(1)(ii) of this provision.

(2) The first page of the proposal must show--

(i) The solicitation number;

(ii) The name, address, and telephone and facsimile numbers of the offeror (and electronic address if available);

(iii) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and agreement to furnish any or all items upon which prices are offered at the price set opposite each item;

(iv) Names, titles, and telephone and facsimile numbers (and electronic addresses if available) of persons authorized to negotiate on the offeror's behalf with the Government in connection with this solicitation; and

(v) Name, title, and signature of person authorized to sign the proposal. Proposals signed by an agent shall be accompanied by evidence of that agent's authority, unless that evidence has been previously furnished to the issuing office.

(3) Submission, modification, or revision, of proposals.

(i) Offerors are responsible for submitting proposals, and any modifications, or revisions, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that proposal or revision is due.

(ii)(A) Any proposal, modification, or revision received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(1) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of proposals; or

(2) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(3) It is the only proposal received.

(B) However, a late modification of an otherwise successful proposal that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(iii) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the proposal wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

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(iv) If an emergency or unanticipated event interrupts normal Government processes so that proposals cannot be received at the office designated for receipt of proposals by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation, the time specified for receipt of proposals will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(v) Proposals may be withdrawn by written notice received at any time before award. Oral proposals in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile proposals, proposals may be withdrawn via facsimile received at any time before award, subject to the conditions specified in the provision at 52.215-5, Facsimile Proposals. Proposals may be withdrawn in person by an offeror or an authorized representative, if the identity of the person requesting withdrawal is established and the person signs a receipt for the proposal before award.

(4) Unless otherwise specified in the solicitation, the offeror may propose to provide any item or combination of items.

(5) Offerors shall submit proposals in response to this solicitation in English, unless otherwise permitted by the solicitation, and in U.S. dollars, unless the provision at FAR 52.225-17, Evaluation of Foreign Currency Offers, is included in the solicitation.

(6) Offerors may submit modifications to their proposals at any time before the solicitation closing date and time, and may submit modifications in response to an amendment, or to correct a mistake at any time before award.

(7) Offerors may submit revised proposals only if requested or allowed by the Contracting Officer.

(8) Proposals may be withdrawn at any time before award. Withdrawals are effective upon receipt of notice by the Contracting Officer.

(d) Offer expiration date. Proposals in response to this solicitation will be valid for the number of days specified on the solicitation cover sheet (unless a different period is proposed by the offeror).

(e) Restriction on disclosure and use of data. Offerors that include in their proposals data that they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, shall--

(1) Mark the title page with the following legend: This proposal includes data that shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed--in whole or in part--for any purpose other than to evaluate this proposal. If, however, a contract is awarded to this offeror as a result of--or in connection with-- the submission of this data, the Government shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Government's right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contained in sheets [insert numbers or other identification of sheets]; and

(2) Mark each sheet of data it wishes to restrict with the following legend: Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.

(f) Contract award.

(1) The Government intends to award a contract or contracts resulting from this solicitation to the responsible offeror(s) whose proposal(s) represents the best value after evaluation in accordance with the factors and subfactors in the solicitation.

(2) The Government may reject any or all proposals if such action is in the Government's interest.

(3) The Government may waive informalities and minor irregularities in proposals received.

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(4) The Government intends to evaluate proposals and award a contract without discussions with offerors (except clarifications as described in FAR 15.306(a)). Therefore, the offeror's initial proposal should contain the offeror's best terms from a cost or price and technical standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.

(5) The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit cost or prices offered, unless the offeror specifies otherwise in the proposal.

(6) The Government reserves the right to make multiple awards if, after considering the additional administrative costs, it is in the Government's best interest to do so.

(7) Exchanges with offerors after receipt of a proposal do not constitute a rejection or counteroffer by the Government.

(8) The Government may determine that a proposal is unacceptable if the prices proposed are materially unbalanced between line items or subline items. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more line items is significantly overstated or understated as indicated by the application of cost or price analysis techniques. A proposal may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government.

(9) If a cost realism analysis is performed, cost realism may be considered by the source selection authority in evaluating performance or schedule risk.

(10) A written award or acceptance of proposal mailed or otherwise furnished to the successful offeror within the time specified in the proposal shall result in a binding contract without further action by either party.

(11) If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(i) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

(ii) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(iii) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(iv) A summary of the rationale for award.

(v) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(vi) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of provision)

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a FIRM-FIXED-PRICE contract resulting from this solicitation.

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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).

The Government may require the delivery of the numbered line items, identified in the schedule as option items, in the quantity and at the price stated in the schedule. Subject to the availability of funds, the Contracting Officer may exercise the option by written notice to the Contractor within 60 days of Notice to Proceed.

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

25-30% 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;

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(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 Tohono O’Odham Nation, which is located southwest of Tucson, AZ, Pima County.

(End of provision)

52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (MAY 2014)

(a) Definitions. As used in this clause--

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

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

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

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

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

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

Component means an article, material, or supply incorporated directly into a construction material.

Construction material means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site.

Materials purchased directly by the Government are supplies, not construction material.

Cost of components means--

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

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

Domestic construction material means--

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

(2) A construction material manufactured in the United States, if--

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(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

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

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

(b) Domestic preference.

(1) This clause implements 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

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

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

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American Act is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

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

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

(c) Request for determination of inapplicability of the Buy American Act. (1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including--

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

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

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

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

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

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

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

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

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

Foreign and Domestic Construction Materials Price Comparison Construction material description Unit of measure Quantity Price (dollars) \1\ Item 1 Foreign construction material.... ........... ___ ........ ....... ………. ___ ...........