B08 Solicitation W9124A22R0018 07-21-2022 RELEASED.pdf
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- Install a Fire Suppression System for Building 90509 Federal contract opportunity
- Solicitation number
- W9124A22R0018
About this file
This is a solicitation for a firm fixed-price construction contract to install a fire suppression system in Building 90509 at Fort Huachuca, Arizona. The requirement is set aside for small businesses and proposals are due by August 22, 2022. The North American Industry Classification System code for this opportunity is 238220. The selected contractor must meet all terms and conditions of the solicitation, including providing performance and payment bonds within 10 days of award. The applicable Davis-Bacon wage determination is included. The period of performance is 168 days from notice to proceed.
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The Government intends to aw ard a Firm Fixed-Price, Low est Priced Technically Acceptable (LPTA) contract on an all or none basis, to the offeror that meets all the terms and conditions of this Solicitation to Install Fire Suppression, Building 90509 located at Fort Huachuca, Arizona.
This is a 100% Small Business Set-Aside.
The North American Classification System (NAICS) Code is 238220 Plumbing, Heating, and Air-Conditioning Contractors.
The applicable Wage Determination is Building Construction General Decision Number: AZ20220023, 06/10/2022. The Wage Determination is included in this Solicitation.
Notice to Proceed (NTP) as stated in Block 11 below , w ill not be issued until the Contractor provides suff icient bonding to cover the w ork being performed. Bonds and other payment protections shall be provided w ithin 10 calendar days of aw ard. Bid Guarantee required see FAR Clause 52.228.1 Bid Guarantee.
Proposals are due 22 August 2022, 4:00 p.m. AZ time.
MAVERICK C SIRAGUSA (520) 533-3916
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
21-Jul-2022
(RFP)
(IFB)
X
CALL:
B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)
See Item 7
2. TYPE OF SOLICITATION
SEALED BID
3. DATE ISSUED
9. FOR INFORMATION A. NAME
SOLICITATION
X
NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)
Prescribed by GSA
FAR (48 CFR) 53.236-1(e)
11. The Contractor shall begin performance w ithin _______10 calendar days and complete it w ithin ________168 calendar days after receiving aw ard, notice to proceed. This performance period is mandatory, negotiable. (See _________________________SOO 5.01
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 __________ copies to perform the w ork required are due at the place specified in Item 8 by ___________ local time ______________22 Aug 2022 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.
shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.
B. An offer guarantee X is, is not required.
C. All offers are subject to the (1) w ork requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.
D. Offers providing less than _______90 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.
SOLICITATION, OFFER,
AND AWARD
(Construction, Alteration, or Repair)
1. SOLICITATION NO.
IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.
4. CONTRACT NO.
7. ISSUED BY CODE
ACC-APG
DOC OPERATIONS BRANCH
BLDG 22208
FORT HUACHUCA AZ 85613
W9124A
PAGE OF PAGES
1 OF
CODE
(Title, identifying no., date):
12B. CALENDAR DAYS
04:00 PM (hour)
Sealed envelopes containing offers
5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.
8. ADDRESS OFFER TO (If Other Than Item 7)
520-533-5157FAX:TEL: 520-533-1061 TEL: FAX:
W9124A22R0018 45
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
W9124A22R0018
Section 00 10 00 - Solicitation
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 1 Job Install Fire Suppression System
FFP
Install Fire Suppression System, Building 90509 Fort Huachuca, Arizona, per Statement of Objectives dated 6/30/2022.
FOB: Destination
PSC CD: Z2NB
NET AMT
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 168 dys. ANP 1 DIRECTORATE OF PUBLIC WORKS
SCOTT OLSON
IMHU-PWE-C, BLDG 22422
3040 BUTLER ROAD
FT HUACHUCA AZ 85613
520-533-2717 FOB: Destination
W61RSF
Section 00 21 16 - Instructions to Proposers
INSTRUCTION TO OFFERORS
A.SITE VISIT:
Site Visit is scheduled for Tuesday, 26 July 2022 at 8:00 am (Arizona Time), as listed in the Pre-Solicitation Notice posted on 06 July 2022.
Only one site visit will be conducted and no requests for additional site visits or make-up site visits will be granted.
1. All vendors needing access to the military installation enter through the Van Deman Gate of Fort Huachuca, AZ, located at the corner of State Highway 90 Bypass and State Highway 90.
2. Base Access: Fort Huachuca is not an open base. Contractors must pass Criminal Background Checks and be vetted prior to being allowed access. Passes are available at the Van Deman Gate.
3. For more information call: Van Deman Gate (East Gate) & Visitor Control Center at 520-533- 3269 for any questions.
B. QUESTIONS:
Any questions about Solicitation W9124A22R0018 must be submitted via email by 4 August 2022, 4:00 pm (Arizona time).
1. Questions submitted after this date will not be answered. No questions will be answered telephonically. All questions must be submitted via email to individuals listed below:
Maverick C. Siragusa Contract Specialist maverick.c.siragusa.civ@army.mil
Walter L. Carbajal Jr.
Contract Specialist walter.l.carbajal.civ@army.mil
Paula L. Hartzell Contract Specialist paula.l.hartzell.civ@army.mil
Cinnamon C. Stuckey Contracting Officer cinnamon.c.stuckey.civ@army.mil
2. Please provide the applicable SOO paragraph number, page number, CLIN number, or other applicable location in the Solicitation for each question.
3. All questions received will be answered and distributed to all parties by a posting under the solicitation number to https://sam.gov, without an identification of the requestor.
4. Check https://sam.gov for responses to questions. No verbal or email responses will be provided.
C. SYSTEM FOR AWARD MANAGEMENT (SAM):
1. Any contract with the government requires registration in the SAM.gov prior to award. It is also required for any contractor doing business with the government under contract be registered in https://sam.gov.
2. For questions or assistance with SAM.gov please visit https://sam.gov and click the HELP link or speak to your local servicing Small Business Administration (SBA). You may locate your local servicing SBA at https://www.sba.gov/
D. BASIS FOR CONRACT AWARD:
1. The Government will award a Firm Fixed-Price Contract that will be made on the basis of the lowest evaluated price of proposals meeting or exceeding the acceptability standards for non-cost factors of the Solicitation.
2. To assure timely and equitable evaluation of proposals, offerors must follow the instructions contained herein. Proposals shall be complete and include all information the offeror wants the Government to consider and evaluate and conform to all required terms and conditions.
PROPOSAL INSTRUCTIONS
F.PROPOSAL SUBMISSION:
PROPOSAL PREPARATION
Technical:
1. Technical Proposals shall address all the elements required in the attached SOO.
2. The contractor’s proposed schedule shall be submitted with the proposal. The schedule shall be in the form of a progress chart of suitable scale to indicate the percentage of work scheduled for completion at any given date during the period.
3. Technical Proposal and schedule submissions are limited to 15 pages.
4. Provide quantities for materials, and ensure that they coincide with your cost proposals.
5. Proposals shall be single spaced. Each paragraph shall be separated by at least one blank line. A standard, 12-point minimum font size applies. Arial or New Times Roman fonts are required. Tables and illustrations may use a reduced font size no less than 8-point and may be landscape.
Price:
1. A price for each CLIN shall be provided in your proposal. Pricing must be totaled in the proposal to show the total overall price as indicated in the price summary below.
2. An example price summary is provided below.
PRICE SUMMARY:
CLIN Description Unit Price Total Price 0001 Install Fire
Suppression System for Building 90509
Total
3. No price information shall be presented in any part of the proposal except the Price Proposal. Proposals shall be clear and concise, logically assembled (with all pages appropriately numbered) and referenced to applicable parts of the Performance Work Statement or Request for Proposal, as appropriate. To reduce proposal size, the Offeror will confine submission to essential matters sufficient to define the proposal, and provide an adequate basis for evaluation. File shall not contain classified data.
4. The contractor shall provide a labor break-out of all labor rates and loadings (all indirect rates, inclusive of labor indirect rates, G&A, and profit) that lead to the establishment of the firm fixed price. The contractor will provide a cost breakout for all major components and equipment.
5. Per FAR 36.204 Disclosure of the magnitude of construction projects the estimated price range for this requirement is between $500,000 and $1,000,000.
Past Performance:
1. Past Performance related to Installing Fire Suppression Systems occurring in the past 5 years must be provided using the Past Performance Evaluation Questionnaire Form provided in the Contract Forms Section of this solicitation. Also provided as Attachment 2 to the solicitation.
The completed forms must be e-mailed to:
Maverick C. Siragusa Contract Specialist maverick.c.siragusa.civ@army.mil
Walter L. Carbajal Jr.
Contract Specialist walter.l.carbajal.civ@army.mil
Paula L. Hartzell Contract Specialist paula.l.hartzell.civ@army.mil
Cinnamon C. Stuckey Contracting Officer cinnamon.c.stuckey.civ@army.mil No later than 22 August 2022, 4:00 pm (Arizona time).
2. Late submissions may not be considered.
3. See Attachment for instructions for completing Past Performance Questionnaires
4. Additional Sources of Past Performance Information for Evaluation which may be used by the contracting office to determine acceptability of past performance. Sources such as the following maybe used:
• Past performance information may be provided by the offeror, as solicited.
• Past performance information may be obtained from established systems such as the Contractor Performance Assessment Reporting System (CPARS), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), or other databases; and may be obtained from other sources available to the Government, such as the Defense Contract Management Agency; and interviews with Program Managers, Contracting Officers, Fee Determining Officials. Although the Government may elect to consider data from other sources, the burden of providing detailed, current, accurate and complete past performance information rests with the Offeror.
G.PROPOSALS/SPECIFICATIONS SUBMISSIONS
Proposals are to be submitted via e-mail to the Point of Contacts listed below by 22 August 2022, 4:00 p.m. AZ Time.
H.POINT OF CONTACTS (POC):
Maverick C. Siragusa Contract Specialist maverick.c.siragusa.civ@army.mil
Walter L. Carbajal Jr.
Contract Specialist walter.l.carbajal.civ@army.mil
Paula L. Hartzell Contract Specialist paula.l.hartzell.civ@army.mil
Cinnamon C. Stuckey Contracting Officer cinnamon.c.stuckey.civ@army.mil
BASIS FOR AWARD
I. PROPOSAL EVALUATION:
CRITERIA/FACTORS:
1. The Government will award a firm fixed price contract. The Contract will be awarded on Lowest Price Technically Acceptable (LPTA) basis using the following factors:
Factor 1: Technical Approach to include Schedule (Tentative, Including Details) Limited to 15 pages
SubFactors:
a. Materials/Quantities/Equipment
b. Labor Hours
c. Tentative Schedule
Factor 2: Cost Proposal** To include CLIN Structure. See sample CLIN Structure in Proposal Preparation Section F.
Factor 3: Past Performance—Experience related to Installing Fire Suppression Systems in the past 5 years
a. FACTOR 1: Technical Approach
SUBFACTORS:
a. Materials/Quantities/Equipment
b. Labor Hours
c. Tentative Schedule
Adjectival Rating: Description:
Acceptable
Proposal meets the requirements of the solicitation.
Unacceptable
Proposal does not meet the requirements of the solicitation.
The above ratings will be used to determine if the proposal meets Technical requirements. All subfactors must be rated as acceptable for the overall technical rating to be determined acceptable.
b. FACTOR 2: Cost Proposal
Price fair and reasonableness will be determined by the Contracting Officer. The contractor shall provide a labor break-out of all labor rates and loadings (all indirect rates, inclusive of labor indirect rates, G&A, and profit) that lead to the establishment of the firm fixed price.
The contractor will provide a cost breakout for on all major components and equipment.
*Provide quantities for materials, and ensure that they coincide with your cost proposals.
*Annotate your labor hours
c. FACTOR 3: Past Performance
1. Experience provided by the contractor that is related to Installing Fire Suppression Systems in the past 5 years will be evaluated. Please limit to no more than 3 of the most relevant projects.
2. Past Performance information must be submitted using the Past Performance Questionnaire form provided in the Contracting Forms Section. Past Performance will be assigned an adjectival rating based on the criteria below:
Adjectival Rating Description Acceptable Based on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown (a neutral rating shall be considered “acceptable”).
Unacceptable Based on the offeror’s performance record, the Government does not have a reasonable expectation that the offeror will be able to successfully perform the required effort.
3. The contractor must provide sufficient Past Performance Information to be assessed an adjectival rating of Acceptable.
Note: In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305 (a)(2)(iv)). Therefore, the offeror shall be determined to have unknown (or "neutral") past performance. In the context of acceptability/unacceptability, a neutral rating shall be considered "acceptable."
OTHER DETAILS
1. This requirement, when awarded, will follow and incorporate the applicable FAR, DFARS, and other applicable Federal, State, and Local Statutes, Codes, or Regulations.
2. Government intends to evaluate and award without discussions; however, if deemed necessary, notification will be provided electronically or by phone.
3. Notice to Proceed: Notice to Proceed will not be issued until the Contractor provides sufficient bonding to cover the work being performed. Bonds and other payment protections shall be provided within 10 calendar days of award of a Contract.
4. DD FORM 1354: The contractor shall prepare a DD Form 1354 Transfer and Acceptance of Military Real Property near completion of the project and submit it to the Government prior to final inspection and acceptance. The contractor may obtain a DD Form 1354 Transfer and Acceptance of Military Real Property worksheet from the DPW COR.
5. Wage Determination: The applicable Wage Rate Requirement for this Contract is:
General Decision Number: AZ20220023 “Building” dated 06/10/2022.
6. The North American Industry Classification System (NAICS) code that applies to this requirement is 238220 with a size standard of $16.5M.
7. Payment for Materials Stored on Site: Payment in advance of installation for materials stored on site will not be considered under this Contract.
8. Performance and Payment Bonds: Provide a fully executed Bid Bond as required by FAR 52.228- 1 Bid Guarantee. Submit a scanned copy of the completed bid bond, Standard Form 24, electronically with the proposal. Original bid bond must be received by this office within five calendar days after proposal due date. The Government will review the Bid Bond for legal sufficiency.Performance and Payment Bonds shall be required within 10 calendar days after award of the Contract in accordance with FAR Clause 52.228-15.
9. This requirement will be paid using Wide Area Work Flow (WAWF).
10. The proposal shall be valid for 90 calendar days.
Section 00 45 00 - Representations and Certifications
CLAUSES INCORPORATED BY FULL TEXT
52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAY 2022)
(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 238220.
(2) The small business size standard is $16,500,000.
(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.
(End of provision)
52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO
SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)
The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-- Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.
(a) Definitions. As used in this provision-
Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Prohibition.
(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.
115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.
115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."
(d) Representations. The Offeror represents that--
(1) It [ ___ ] will, [ ___ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and
(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--
It [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.
(e) Disclosures.
(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment--
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(ii) For covered services--
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment--
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
(ii) For covered services--
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT
2020)
(a) Definitions. As used in this provision, “covered telecommunications equipment or services” and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.
(c) Representations.
(1) The Offeror represents that it [ ___ ] does, [ ___ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.
(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.
252.204-7007 ALTERNATE A, ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAY 2021)
Substitute the following paragraphs (b), (d) and (e) for paragraphs (b) and (d) of the provision at FAR 52.204-8:
(b)(1) If the provision at FAR 52.204-7, System for Award Management, is included in this solicitation, paragraph
(e) of this provision applies.
(2) If the provision at FAR 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 (e) 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:
__ (i) Paragraph (e) applies.
__ (ii) Paragraph (e) does not apply and the Offeror has completed the individual representations and certifications in the solicitation.
(d)(1) The following representations or certifications in the SAM database are applicable to this solicitation as indicated:
(i) 252.204-7016, Covered Defense Telecommunications Equipment or Services--Representation. Applies to all solicitations.
(ii) 252.216-7008, Economic Price Adjustment--Wage Rates or Material Prices Controlled by a Foreign Government. Applies to solicitations for fixed-price supply and service contracts when the contract is to be performed wholly or in part in a foreign country, and a foreign government controls wage rates or material prices and may during contract performance impose a mandatory change in wages or prices of materials.
(iii) 252.225-7042, Authorization to Perform. Applies to all solicitations when performance will be wholly or in part in a foreign country.
(iv) 252.225-7049, Prohibition on Acquisition of Certain Foreign Commercial Satellite Services--Representations.
Applies to solicitations for the acquisition of commercial satellite services.
(v) 252.225-7050, Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism. Applies to all solicitations expected to result in contracts of $150,000 or more.
(vi) 252.229-7012, Tax Exemptions (Italy)--Representation. Applies to solicitations when contract performance will be in Italy.
(vii) 252.229-7013, Tax Exemptions (Spain)--Representation. Applies to solicitations when contract performance will be in Spain.
(viii) 252.247-7022, Representation of Extent of Transportation by Sea. Applies to all solicitations except those for direct purchase of ocean transportation services or those with an anticipated value at or below the simplified acquisition threshold.
(2) The following representations or certifications in SAM are applicable to this solicitation as indicated by the Contracting Officer: [Contracting Officer check as appropriate.]
____ (i) 252.209-7002, Disclosure of Ownership or Control by a Foreign Government.
____ (ii) 252.225-7000, Buy American--Balance of Payments Program Certificate.
____ (iii) 252.225-7020, Trade Agreements Certificate.
____ Use with Alternate I.
____ (iv) 252.225-7031, Secondary Arab Boycott of Israel.
____ (v) 252.225-7035, Buy American--Free Trade Agreements--Balance of Payments Program Certificate.
____ Use with Alternate I.
____ Use with Alternate II.
____ Use with Alternate III.
____ Use with Alternate IV.
____ Use with Alternate V.
____ (vi) 252.226-7002, Representation for Demonstration Project for Contractors Employing Persons with Disabilities.
____ (vii) 252.232-7015, Performance-Based Payments--Representation.
(e) The Offeror has completed the annual representations and certifications electronically via the SAM website at https://www.acquisition.gov/. After reviewing the SAM database 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 FAR 52.204-8(c) and paragraph (d) 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 provision 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/DFARS provision No.
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 located in the SAM database.
Section 00 50 00 - Contracting Forms and Supplements
PAST PERORMANCE QUESTIONNAIRE
PAST PERFORMANCE EVALUATION QUESTIONNAIRE FORM
To be completed and e-mailed to the Contract Specialist and Contracting Officer
See Proposal Preparation Instructions in the Instructions to Proposers Section of the Solicitation
Contractor:____________________ Contract No.:____________________________ Subcontract No. (if applicable):_________________________________ POC:________________________ Title:________________________ (Name) (E.G. PCO/ACO/TM) (Agency, Telephone No., E-mail Address & Fax Number)
The following questions pertain to the contractor’s record of past (within the past five years) and current performance. The information that you provide will be used in the awarding of a federal contract. Therefore, it is important that our information be as factual and accurate as possible. Please provide examples and/or explanations (use additional pages if necessary). The following ratings shall be used in your response.
EXCEPTIONAL – Performance meets contractual requirements and exceeds many (requirements) to the Government’s benefit. The contractual performance of the element being assessed was accomplished with few minor problems for which corrective actions taken by the contractor were highly effective.
VERY GOOD – Performance meets contractual requirements and exceeds some (requirements) to the Government’s benefit. The contractual performance of the element being assessed was accomplished with some minor problems for which corrective actions taken by the contractor were effective.
SATISFACTORY – Performance meets contractual requirements. The contractual performance of the element being assessed contains some minor problems for which corrective actions taken by the contractor appear or were satisfactory.
MARGINAL – Performance does not meet some contractual requirements. The contractual performance of the element being assessed reflects a serious problem for which the contractor has not yet identified corrective actions or the contractor’s proposed actions appear only marginally effective or were not fully implemented.
UNSATISFACTORY – Performance does not meet most contractual requirements and recovery is not likely in a timely manner. The contractual performance of the element being assessed contains serious problem(s) for which the contractor’s corrective actions appear or were ineffective.
PART I. (To be completed by the Offeror)
A. CONTRACT IDENTIFICATION
Contractor/Company Name/Division:
Address:
Program Identification/Title:
Contract Number:
Contract Type:
Prime Contractor Name (if different from the contractor name cited above):
Contract Award Date:
Forecasted or Actual Contract Completion Date:
Nature of the Contractual Effort (Must be related to Repair Plumbing and Replace Boilers):
B. IDENTIFICATION OF OFFEROR’S REPRESENTATIVE
Name:
Title:
Date:
Telephone Number:
Address:
E-mail Address:
PART II. EVALUATION (To be completed by Point of Contact – Respondent)
A. Compliance of Products, Services, Documents, and Related Deliverables to Specification Requirements and Standards of Good Workmanship
�Exceptional (Explanation must be provided in Comments field below) �Very Good �Satisfactory �Marginal (Explanation must be provided in Comments field below) �Unsatisfactory (Explanation must be provided in Comments field below) Comments:
B. Effectiveness of Project Management (to include use and control of subcontractors).
�Exceptional (Explanation must be provided in Comments field below) �Very Good �Satisfactory �Marginal (Explanation must be provided in Comments field below) �Unsatisfactory (Explanation must be provided in Comments field below) Comments:
C. Timeliness of Performance.
�Exceptional (Explanation must be provided in Comments field below) �Very Good �Satisfactory �Marginal (Explanation must be provided in Comments field below) �Unsatisfactory (Explanation must be provided in Comments field below) Comments:
D. Commitment to Customer Satisfaction and Business-like Concern for its Customers’ Interest
�Exceptional (Explanation must be provided in Comments field below) �Very Good �Satisfactory �Marginal (Explanation must be provided in Comments field below) �Unsatisfactory (Explanation must be provided in Comments field below) must be provided in Comments field below) Comments:
E. General Comments. Provide any other relevant performance information.
F. Other Information Sources. Please provide the following information:
Are you aware of other relevant past efforts by this company?
If yes, please provide the name and telephone number of a point of contact:
G. Respondent Identification. Please provide the following information:
Organization:
Name:
Title:
Date:
Telephone Number Address:
E-mail Address:
PART III. RETURN INFORMATION
Thank you for your assistance.
Signature Date Typed or Printed Name
Section 00 70 00 - Conditions of the Contract
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 Destination Government Destination Government
CLAUSES INCORPORATED BY REFERENCE
52.202-1 Definitions JUN 2020 52.203-2 Certificate Of Independent Price Determination APR 1985 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-6 Restrictions On Subcontractor Sales To The Government JUN 2020 52.203-7 Anti-Kickback Procedures JUN 2020 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or
Improper Activity
MAY 2014
52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014 52.203-11 Certification And Disclosure Regarding Payments To
Influence Certain Federal Transactions
SEP 2007
52.203-12 Limitation On Payments To Influence Certain Federal Transactions
JUN 2020
52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights
JUN 2020
52.203-18 Prohibition on Contracting With Entities That Require Certain Internal Confidentiality Agreements or Statements-- Representation
JAN 2017
52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements
JAN 2017
52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper
MAY 2011
52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier
Subcontract Awards
JUN 2020
52.204-13 System for Award Management Maintenance OCT 2018 52.204-14 Service Contract Reporting Requirements OCT 2016 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-17 Ownership or Control of Offeror AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and
Certifications.
DEC 2014
52.204-20 Predecessor of Offeror AUG 2020 52.204-21 Basic Safeguarding of Covered Contractor Information
Systems
NOV 2021
52.204-22 Alternative Line Item Proposal JAN 2017
52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities
NOV 2021
52.207-1 Notice Of Standard Competition MAY 2006 52.209-2 Prohibition on Contracting with Inverted Domestic
Corporations--Representation
NOV 2015
52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment
NOV 2021
52.209-7 Information Regarding Responsibility Matters OCT 2018 52.209-9 Updates of Publicly Available Information Regarding
Responsibility Matters
OCT 2018
52.209-10 Prohibition on Contracting With Inverted Domestic Corporations
NOV 2015
52.211-6 Brand Name or Equal AUG 1999 52.211-13 Time Extensions SEP 2000 52.215-1 Instructions to Offerors--Competitive…
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