B08. W519TC-23-B-2001.pdf

Attachment 001: Scope of Work Attachment 002: Davis Bacon Wage Determination CDRL 001 - Contractor Manpow er Reporting CDRL 002 - AT Level 1 Training Certif icates CDRL 003 - iWatch Training Certif icates CDRL 004 - Names and Personnel Data CDRL 005 - Weekly Status Report CDRL 006 - Submittal Requirements

X

JADWIGA B. BARANOWSKI 309-782-5839

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

22-Dec-2022

(RFP)

(IFB)

CALL:

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______ calendar days and complete it w ithin ________ calendar days after receiving aw ard, notice to proceed. This performance period is mandatory, negotiable. (See _________________________

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

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

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specified in Item 8 by ___________ local time ______________20 Jan 2023 (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 _______60 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

4. CONTRACT NO.

7. ISSUED BY CODE

ARMY CONTRACTING COMMAND - ROCK ISLAND

3055 RODMAN AVE

ROCK ISLAND IL 61299

W519TC

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

01:00 PM (hour)

Sealed envelopes containing offers

5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.

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

FAX:TEL: TEL: FAX:

W519TC23B2001 47

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

W519TC23B2001

Section SF 30 - Block 14 Continuation Page (SF 30)

NARRATIVE

1. The U.S. Army Contracting Command – Rock Island (ACC-RI) issues Invitation for Bid (IFB) W519TC-23-B- 2001 for the repair of two substations (Substation “B” and Substation “C”) located at Pine Bluff Arsenal in Pine Bluff, Arkansas. All work shall be completed in accordance with Attachment 0001 – Scope of Work (SOW).

2. This IFB is issued as a Women-Owned Small Business (WOSB) Eligible Under WOSB Program Set Aside. It is anticipated that a single Firm Fixed Price (FFP) type contract will be awarded to the responsive, responsible bidder whose bid represents the lowest priced, technically acceptable bid. This IFB is issued using the Two-Step Sealed Bidding Method. See Section 00 21 13 – Instructions to Bidders within this solicitation for the Technical Requirements and Evaluation Criteria for Step-One.

3. A pre-construction site visit is scheduled for 9:00 AM CT on 04 January 2023. All interested contractors are encouraged to attend the site visit. See SITE VISIT INFORMATION for more information. USG will not answer any questions at the site visit. Contractor questions regarding solicitation and work solicited in the SOW are due to the POCs listed below no later than COB 06 January 2023 in order to assure that all Contractor questions can be answered and posted for all Contractors knowledge prior to the closing of Step-One, Technical Proposal.

4. Technical proposals (Step-One) shall not include prices or pricing information. Technical proposals are due by 1:00 PM CT on 20 January 2023, and shall be emailed to the following POCs:

Jadwiga Baranowski at jadwiga.b.baranowski.civ@army.mil

John Fotos at john.g.fotos.civ@army.mil

5. Only bids based upon technical proposals (Step-One) determined to be acceptable, either initially or as a result of discussions, will be considered further for award into Step-Two. Each bid in the second step must be based on the bidder’s own technical proposal. Bidders shall submit bids that are acceptable without additional explanation or information. The Government may make a final determination regarding a technical proposal’s acceptability solely on the basis of the bid as submitted. The Government may proceed with Step-Two without requesting further information from any bidder; however, the Government may request additional information from bidders that it considers reasonably susceptible of being made acceptable, and may discuss bids with the prospective bidders.

6. A notice of unacceptability will be forwarded to the Bidder upon completion of the technical proposal evaluation (Step-One) and final determination of unacceptability.

7. Bidders are cautioned to ensure their Step-Two bids are fully complete, including all fill-ins. Any bidder submitting a bid agrees by submission that their bid and the prices contained therein will be valid for 60 days after receipt of bids.

8. Bids from eligible bidders are due 2:00 PM CT on 10 February 2023 (Step-Two). Contractor bid submission shall be emailed to:

Jadwiga Baranowski at jadwiga.b.baranowski.civ@army.mil

John Fotos at john.g.fotos.civ@army.mil

The Bid Opening will take place at 9:00 AM CT on 14 February 2023. See Bid Opening for more details.

9. The prevailing Davis-Bacon Act for wage determination will be incorporated into the resultant contract and will be in effect for the entire performance period of the resultant contract. The most recent wage determination can be found online at https://www.wdol.gov/dba.aspx or see Attachment 0002 – Davis Bacon Wage Determination. If the wage determination is revised during the period of performance, it shall be provided to the contractor through modification to the resultant contract.

10. Timeline:

Solicitation issued: 22 December 2022 Deadline for Registering for Site Visit – 29 December 2022 @ 1:00 PM CT Site Visit – 04 January 2023 @ 9:00 AM CT Questions from Site Visit due by – 06 January 2023 @ 4:00 PM CT Technical Proposals (Step-One) Closes – 20 January 2023 @ 1:00 PM CT Price Bid (Step-Two) Closes – 10 February 2023 @ 1:00 PM CT Bid Opening via Microsoft Teams Teleconference-14 February 2023 9:00 AM CT

11. This executive summary is provided as an administrative convenience and is not intended to alter the terms and conditions of the IFB in any way. Any inconsistencies between this executive summary and other IFB provisions shall be resolved in favor of the other IFB provisions.

12. The POCs for this IFB are Jadwiga Baranowski, Contract Specialist at jadwiga.b.baranowski.civ@army.mil and John Fotos, Contracting Officer at john.g.fotos.civ@army.mil

Section 00 10 00 - Solicitation

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Substation B Repair

FFP

Repair Substation B at Pine Bluff Arsenal, in accordance with Attachment 0001 - Scope of Work FOB: Destination

PSC CD: C222

NET AMT

0002 1 Job Substation C Repair

FFP

Repair Substation C at Pine Bluff Arsenal in accordance with Attachment 0001 - Statement of Work FOB: Destination

PSC CD: C222

CDRL

FFP

000301 Contractor Manpower Reporting

FFP

See Attachment: CDRL 001 Due 30 days after contract award

000302 AT Level 1 Training Certificates

FFP

See Attachment: CDRL 002

Due 10 days after hire for new employees

000303 iWatch Training Certificates

FFP

See Attachment: CDRL 003

Due 10 days after hire for new employees

000304 Names and Personnel Data

FFP

See Attachment: CDRL 004 Due at least 1 week prior to the start of work.

000305 Weekly Status Report

FFP

See Attachment: CDRL 005 Due by the close of business each Monday for the previous week. This recurring requirement begins the first Monday after contract award.

000306 Submittal Requirements

FFP

See Attachment: CDRL 006 Due 30 days after the NTP

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 N/A N/A N/A N/A

0002 N/A N/A N/A N/A

0003 N/A N/A N/A N/A

000301 N/A N/A N/A N/A

000302 N/A N/A N/A N/A

000303 N/A N/A N/A N/A

000304 N/A N/A N/A N/A

000305 N/A N/A N/A N/A

000306 N/A N/A N/A N/A

Section 00 21 13 - Instructions to Bidders

INSTRUCTIONS AND EVALUATIONS

INSTRUCTIONS TO BIDDERS (Step-One, due 1:00PM CT on 20 January 2023)

1. General Instructions: These instructions are a guide for preparing your technical proposal and price bid. These instructions generally describe the type and extent of information you should provide and address in your technical proposal (Step-One). You should include in the technical proposal sufficient information to enable the evaluators to determine your understanding of the requirements in each of the evaluated factors. It is the Government's (USG) intent to award a single Firm Fixed Price (FFP) contract. A Two-Step Sealed Bid Method in accordance with FAR

14.503 is being utilized to select the successful bidder and no trade-offs will be made. The USG intends to evaluate technical proposals (Step-One) without discussions with Bidders. Therefore, the bidder’s initial response (Step-One) should contain the bidders best terms. However, the USG reserves the right to conduct discussions if determined necessary by the Contracting Officer.

2. Technical Proposal Submission and Format (Step-One): The bidder’s technical proposal shall be prepared and authorized by a person regularly employed by the bidder. The proposal should state the authors name, the person’s position title, phone number, and email address. The proposal should be prepared in a clear, legible, practical manner. In addition, the proposal shall be written in English and should be specific and complete as described in these instructions. Pricing SHALL NOT be included in the technical proposal. If a bidder includes pricing in the technical proposal the proposal may be determined non-responsive, will not move into Step-Two, and it may not be considered for award. Bidders shall submit their technical proposals prior to the closing date and time listed in the solicitation. Technical Proposals shall be submitted to Jadwiga Baranowski, Contract Specialist;

jadwiga.b.baranowski.civ@army.mil and John Fotos, Contracting Officer; john.g.fotos.civ@army.mil Other formats such as (but not limited to) third party cloud file services, hard copies, CDs, and Drop Box) will not be acceptable.

The maximum page limit for the Technical Proposal is limited to 50 pages. The USG defines a page as a single sided, 8 ½” x 11” sheet, single line spacing, with no less than 12-point font, and page margins of 1” on top, bottom, and both sides of each page. The USG will count pages in the Technical Proposal and remove any pages from the Technical Proposal exceeding the maximum 50 page limit. The USG will not consider any pages in the Technical Proposal over the 50-page maximum total in the evaluation. The USG will not consider the cover, title page, tables of contents, and acronym lists in the Technical Proposal against the maximum 50 page limit. The Technical Proposal shall contain page numbers.

3. Failure to provide a complete technical proposal package (Step-One) will result in the proposal being determined non-responsive and it may not be considered for award.

The technical proposal shall be submitted in accordance with the following instructions and requirements pertaining to each of the two technical factors; Project Plan, and Warranty:

Factor 1: Project Plan:

Each bidder shall provide a Project Plan with completion no later than 31 December 2023. The bidder shall include a GANTT chart or similar to show each step of the project through completion within the time specified, a narrative that illustrates the bidder’s understanding and plan to complete the project in accordance with the terms and conditions of this solicitation, and proof of bidder’s ability to secure Bond/Guarantee sufficient for the scope of this project. As part of the project plan, the bidder shall also identify key personnel it considers necessary for the successful performance of the contract, which shall include at a minimum the Site Supervisor or equivalent. The Bidder shall ensure all submission requirements identified as CDRLs 001-006 on DD FORMs 1423, and CLINs 000301 – 000306 are included and addressed in the technical proposal.

Factor 2: Warranty:

The proposal must include a minimum one year parts and labor warranty which shall begin upon final acceptance.

The warranty must be clearly articulated in the proposal. The proposal cannot indicate an exception to this requirement.

4. Technical Proposals are due 1:00 PM CT on 20 January 2023. Technical Proposal submission shall be emailed to Jadwiga Baranowski, Contract Specialist; jadwiga.b.baranowski.civ@army.mil and John Fotos, Contracting Officer;

john.g.fotos.civ@mail.mil

INSTRUCTIONS TO BIDDERS (Step-Two, due 1:00PM CT on 10 February 2023)

1. Only bids based upon technical proposals (Step-One) determined to be technically acceptable, either initially or as a result of discussions, will be considered further for award in Step-Two. Each bid in the second step must be based on the bidder’s own technical proposal. Bidders shall submit bids that are acceptable without additional explanation or information. The Government may make a final determination regarding a technical proposal’s acceptability solely on the basis of the bid as submitted. The Government may proceed with Step-Two without requesting further information from any bidder; however, the Government may request additional information from bidders that it considers reasonably susceptible of being made acceptable, and may discuss bids with the prospective bidders.

2. Bidders are cautioned to ensure their Step-Two bids are fully complete with price, signature and all fill-ins within clauses. Any bidder submitting a bid agrees by submission that their bid and the prices contained therein will be valid for 60 days after receipt of bids.

3. Bids from eligible bidders are due 1:00 PM CT on 10 February 2023 (Step-Two). Contractor bid submission shall be emailed to Jadwiga Baranowski, Contract Specialist; jadwiga.b.baranowski.civ@army.mil and John Fotos, Contracting Officer; john.g.fotos.civ@army.mil

EVALUATION CRITERIA

1. Basis for Contract Award: The USG plans to award a single Firm Fixed Price (FFP) contract utilizing the TWOSTEP Sealed Bid Method in accordance with FAR 14.503. The Technical evaluation (Step-One) will be on an ACCEPTABLE/UNACCEPTABLE basis. Offerors must receive an ACCEPTABLE rating for each of the two technical factors to receive an overall ACCEPTABLE rating for Technical (Step-One). An offeror that receives an UNACCEPTABLE rating in any of the technical factors will not be eligible to submit a bid under Step-Two.

2. The USG intends to evaluate technical proposals and award a contract without discussions with contractors.

Therefore, the bidder’s technical proposal (Step-One) should contain their best terms. However, the USG reserves the right to conduct discussions if determined necessary by the Contracting Officer.

3. Technical Evaluation Factors (Step-One):

Factor 1: Project Plan:

The USG will evaluate the Offeror’s Project Plan in accordance with the following definitions:

ACCEPTABLE: The bidder provides a Project Plan that includes a project schedule that sufficiently demonstrates that the proposed schedule is feasible and will result in successful completion of the project by 31 December 2023.

Includes a GANTT chart or similar, a narrative that illustrates an understanding of the project and proof of ability to secure Bond/Guarantee sufficient for the scope. The bidder identifies key personnel it considers necessary for the successful performance of the contract, which shall include at a minimum the Site Supervisor or equivalent. Bidder shall provide a listing of materials required to complete the project plan. The bidder identifies all submission requirements within DD 1423 CDRLs 001-006 (CLINs 000301 – 000306). In order to be acceptable, the Project plan must meet all requirements in the Instruction section.

UNACCEPTABLE: The bidder's proposal does not provide a Project Plan that includes a project schedule and/or does not sufficiently demonstrate that the proposed schedule is feasible and will result in successful completion of the project by 31 December 2023. Does not include a GANTT chart or similar and/or a narrative illustrating understanding of the project and/or no proof of the ability to secure Bond/Guarantee sufficient for the scope. The bidder does not identify key personnel it considers necessary for the successful performance of the contract, which shall include at a minimum the Site Supervisor or equivalent. No listing of materials provided. The bidder does not identify all submission requirements within DD 1423 CDRLs 001-006 (CLINs 000301 – 000306). The Project plan does not meet all requirements in the Instruction section.

Factor 2: Warranty:

The Government will evaluate the Offeror’s proposal in accordance with the following definitions:

ACCEPTABLE: The bidder includes a minimum warranty of one year for parts and labor and will begin upon completion of the work and final acceptance by the USG.

UNACCEPTABLE: The proposal does not include warranty information, or the proposal does not include a minimum warranty of one year for parts and labor beginning upon completion of the work and final acceptance by the USG, or the proposal provides the required warranty but provides information elsewhere in the proposal that calls into question whether the offeror has taken an exception to this term and condition.

Only bidders receiving an ACCEPTABLE rating for both Technical Factors (Project Plan and Warranty) will receive an overall ACCEPTABLE rating for Technical (Step-One) and will be eligible to submit a bid for Step-Two.

Bidders that do not receive an ACCEPTABLE rating for all Technical Factors will receive an UNACCEPTABLE rating for Technical and will not be eligible to submit a bid or considered further for award under Step-Two. Ratings shall be given within 10 business days of the submittal due date of the technical proposals.

Step-Two – Price Bid:

Once a bidder has been notified of an acceptable technical bid under Step-One, the bidder shall prepare and submit their Step-Two, sealed bid to the USG by 2:00 PM CT, on 21 June 2020. Bid shall include a guarantee in accordance with FAR 52.228-1.

All sealed bids shall be emailed to the following:

Jadwiga Baranowski, Contract Specialist; jadwiga.b.baranowski.civ@army.mil and John Fotos, Contracting Officer; john.g.fotos.civ@army.mil

Award will be made to the responsible bidder whose bid, conforming to the invitation, will be most advantageous to the USG, considering only price and the price-related factors included in the invitation for Bid. A determination of price reasonableness and responsibility determination IAW FAR 9.104 shall be made prior to award.

CLAUSES INCORPORATED BY REFERENCE

52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.214-3 Amendments To Invitations For Bids DEC 2016 52.214-4 False Statements In Bids APR 1984 52.214-5 Submission Of Bids DEC 2016 52.214-6 Explanation To Prospective Bidders APR 1984 52.214-7 Late Submissions, Modifications, and Withdrawals of Bids NOV 1999 52.214-18 Preparation of Bids-Construction APR 1984 52.214-19 Contract Award-Sealed Bidding-Construction AUG 1996 52.214-23 Late Submission, Modifications, And Withdrawals Of

Technical Proposals Under Two-Step Sealed Bidding

NOV 1999

52.214-34 Submission Of Offers In The English Language APR 1991 52.214-35 Submission Of Offers In U.S. Currency APR 1991 52.222-5 Construction Wage Rate Requirements--Secondary Site of the

Work

MAY 2014

252.215-7008 Only One Offer JUL 2019

CLAUSES INCORPORATED BY FULL TEXT

52.236-27 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: Site Visit is schedule for 04 January 2023 at 0900 CT, Pine Bluff Arsenal, Arkansas. Contact Jadwiga Baranowski, Contract Specialist;

jadwiga.b.baranowski.civ@army.mil and John Fotos, Contracting Officer; john.g.fotos.civ@army.mil for required information to receive a pass for the site visit.

(End of provision)

Section 00 45 00 - Representations and Certifications

52.203-11 Certification And Disclosure Regarding Payments To

Influence Certain Federal Transactions

SEP 2007

52.209-7 Information Regarding Responsibility Matters OCT 2018 52.219-2 Equal Low Bids OCT 1995

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAY 2022)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 237130.

(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.

52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (AUG 2020)

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

Commercial and Government Entity (CAGE) code means—

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

(b) The Offeror represents that it [ ___ ] has or [ ___ ] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (c) and if applicable, paragraph (d) of this provision for each participant in the joint venture.

(c) If the Offeror indicates ``has'' in paragraph (b) of this provision, enter the following information:

Immediate owner CAGE code:

Immediate owner legal name: ___

(Do not use a ``doing business as'' name)

Is the immediate owner owned or controlled by another entity?:

[ ___ ] Yes or [ ___ ] No.

(d) If the Offeror indicates ``yes'' in paragraph (c) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:

Highest-level owner CAGE code:

Highest-level owner legal name:

(Do not use a ``doing business as'' name)

52.204-20 Predecessor of Offeror (AUG 2020)

Commercial and Government Entity (CAGE) code means--

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

(b) The Offeror represents that it [____] is or [____] is not a successor to a predecessor that held a Federal contract or grant within the last three years.

(c) If the Offeror has indicated “is” in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):

Predecessor CAGE code: ____ (or mark “Unknown”).

Predecessor legal name: ____.

(Do not use a “doing business as” name).

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (AUG 2020)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-

(i) The Offeror and/or any of its Principals-

(A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and

(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision;

and

(D) Have , have not , within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds the threshold at 9.104-5(a)(2) for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager;

head of a division or business segment; and similar positions).

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

52.214-14 PLACE OF PERFORMANCE--SEALED BIDDING (APR 1985)

(a) The bidder, in the performance of any contract resulting from this solicitation, [ ] intends, [ ] does not intend [check applicable box] to use one or more plants or facilities located at a different address from the address of the bidder as indicated in this bid.

(b) If the bidder checks "intends" in paragraph (a) above, it shall insert in the spaces provided below the required information:

Place of Performance Name and Address of Owner (Street, Address, City, and Operator of the Plant or County, State, Zip Code) Facility if Other than Bidder

52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (OCT 2022)

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business concern eligible under the WOSB Program.

Service-disabled veteran-owned small business concern--

(1) Means a small business concern--

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

Small business concern--

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph

(b) of this provision.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13

CFR 121.103.

Small disadvantaged business concern, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States, and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13 CFR 124.106) by individuals who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

Veteran-owned small business concern means a small business concern--

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

Women-owned small business concern means a small business concern--

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127) means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300.

(b)(1) The North American Industry Classification System (NAICS) code for this acquisition is [insert NAICS code].

(2) The small business size standard is [insert size standard].

(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 (i.e., nonmanufacturer), 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.

(c) Representations.

(1) The offeror represents as part of its offer that--

(i) It [ ___ ] is, [ ___ ] is not a small business concern; or

(ii) It [ ___ ] is, [ ___ ] is not a small business joint venture that complies with the requirements of 13 CFR 121.103(h) and 13 CFR 125.8(a) and (b). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .]

(2) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ___ ] is, [ ___ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

(3) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a women-owned small business concern.

(4) Women-owned small business (WOSB) joint venture eligible under the WOSB Program. The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c).