Combined Synopsis and Solicitation.pdf
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- Solicitation number
- W912P920B0004
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US Army Corps of Engineers St. Louis District
Coon Creek Comfort Station Utilities & Sub-Base
Lake Shelbyville Project Office 1989 State Highway 16 Shelbyville, IL 62565
COMBINED SYNOPSIS & SOLICITATION
W912P920B0004
This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, "Streamlined Procedures for Evaluation and Solicitation for Commercial Items," as supplemented with additional information included in this notice.
This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.
Solicitation Number: W912P920B0004
This solicitation is issued as a Request for Proposal.
The solicitation document and incorporated provisions and clauses are those in effect through the date of posting.
This solicitation is set-aside for total small businesses associated with North American Industrial Classifications System (NAICS) code 237990, size standard $39.5 million.
Please provide a completed copy of the provision at 52.212-3, Offeror Representations and Certifications
– Commercial Items with your offer.
CAGE Code: ______________________
DUNS Code: ______________________
Offeror Name: ___________________________________________________________
Offeror Signature: ________________________________________________________
Date of Offer: ______________________
Submit bid to Whitney Dee, Contract Specialist, via email at whitney.r.dee@usace.army.mil.
Section 00 00 00 - Procurement and Contracting Requirements
SPECIFICATIONS
COON CREEK COMFORT STATION UTILITIES AND SUB-BASE
LAKE SHELBYVILLE
1. GENERAL
1.0. Scope. The Contractor shall furnish all labor, equipment, and materials necessary for the final site grading, placement with compaction of rock sub-base and installation (by state licensed plumbing personnel) of utility (water, sewer and electricity) stub ups in preparation for the placement of five (5) pre-cast concrete buildings, Model CXT Rainier (2), Cortez (2) and Navajo (1).
1.1. Contracting Officer. The term "Contracting Officer" (KO) means the person executing this contract on behalf of the Government, and any other officer or civilian employee who is properly designated Contracting Officer, and the term includes, except as otherwise provided in this contract, the authorized representative of the Contracting Office (COR) acting within the limits of his authority.
1.2. Safety Requirements. Following are accident prevention requirements specifically applicable to this work.
However, they should not be construed to be all-inclusive. EM 385-1-1, Safety and Health Requirements Manual, dated November 2014, is mandatory and pertinent provisions will be applied to all work under the jurisdiction of the Corps of Engineers. EM 385-1-1 and its changes are available at http://www.hq.usace.army.mil (at the HQ homepage, select Safety and Occupational Health). Paragraph references are to EM 385-1-1.
a. Report all accidents resulting in lost time and property damage incidents resulting in $350.00 or more to the Contracting Officer's Representative within two (2) working days. Loss of life, incidents with the public or accidents regardless of consequences if it is suspected that it will result in unfavorable criticism of the Corps of Engineers is to be immediately reported to the Contracting Officer, Section 01.D.
b. No alcohol or drugs permitted during working hours. Paragraph 01.C.02.
c. Protective footwear, such as rubber boots, protective covers, ice crampons, or safety boots, shall be worn by all persons exposed to hazards to the feet (including, but not limited to, impact, puncture, slipping, electrical, or chemical hazards). (Footwear providing protection against impact and compressive forces, conduction hazards, electrical hazards, and sole puncture shall meet the applicable requirements of ANSI Z41.), section 05.A.
d. Employees shall wear clothing suitable for the weather and work conditions. The minimum shall be short sleeve shirt, long trousers and leather or other protective work shoes or boots, section 05.A.
e. It shall be the contractor’s responsibility to contact JULIE (811) before any digging begins, section 11.
f. It shall be the contractor’s responsibility to ensure all equipment is de-energized by contacting the appropriate electrical supplier prior to beginning the job, section 11.
g. It shall be the contractor’s responsibility to maintain a safe and secure jobsite throughout the entire process of this contract.
1.3. Work Period. The period of performance for this project shall be completed within 90 working days once notified by the Lake Shelbyville Project Office; with anticipation that work will start after campgrounds close on 13 October 2020. The old restroom facilities are scheduled to be torn down starting October 13, 2020. Once demolition is completed stub-up and sub- base can be started. Normal working days for the contractor shall be Monday through Friday 0700 - 1630 hours.
1.4. Contract Area(s). Worksite shall be located in Coon Creek Campground. This is in a recreation area that is open to the public. Any service disruption needs to be communicated to the government and the affected visiting public.
1.5. Vehicle Use. The Contractor shall not drive off the paved access roads without prior approval of the KO.
The repair of any vegetative damage, rutting, or other impairment, to its original condition shall be the responsibility of the contractor. The contractor's vehicles shall be identified with the company name prominently displayed on the outside of both front doors of each vehicle in such a manner as to provide a readily visible means of identification.
1.6. Adverse Conditions. At the discretion of the COR one day will be added to the time allocated for this contract for each day that work is delayed due to adverse weather.
1.7. Prework Conference. The successful bidder or his representative shall attend a prework conference with the COR at the Lake Shelbyville Project Office. The COR will notify the successful bidder of the time and date of the pre-work conference. No work shall commence before the conference has been held.
1.8. Required Documentation. At the Prework conference the successful bidder shall provide a copy of the required insurance.
2. CONTRACTOR FURNISHED EQUIPMENT, MATERIALS, SUPPLIES AND PERSONNEL.
2.0. Equipment. The Contractor shall furnish and maintain sufficient equipment suitable to perform the work.
All equipment shall be maintained in a safe operating condition in accordance with EM 385-1-1.
2.1. Materials and Supplies. The contractor shall be responsible for all materials, labor, and equipment/tools required for the work described within this contract.
2.2. Approval of Equipment, Supplies, and Materials. The COR reserves the right to inspect any and all equipment and materials prior to and during the award period of this contract. The COR prior to the commencement of work and prior to implementing changes must approve all materials, equipment, and operating procedures.
2.3. Personnel. The Contractor shall furnish the state licensed plumbing personnel to complete all plumbing work in accordance with the contract specifications and all state plumbing codes.
3. GOVERNMENT FURNISHED MATERIALS AND SUPPLIES
3.0. Materials and Supplies. Nothing will be provided.
4. DESCRIPTION AND LOCATION OF WORK
4.0. Location. Coon Creek Campground. (A Leg between site #10 and #11, A Leg between site #23 and #24, D Leg between #143 and #144, E Leg across from site #204, E Leg across from beach,
4.1. General. Work shall include the final site preparation and placement with compaction of aggregate. All work that is plumbing in nature, as is determined by the KO, shall be completed by a state licensed plumber. Work shall consist of connecting into the existing 3” PVC water line and running a new water line underneath the sub base ending with a stub up as per attached CXT specifications. The work shall also consist of installing the complete sewer system as per attached CXT specifications and connecting to the existing sewer line. If needed it shall also be the contractor’s responsibility to install two stub ups (2” sch80 conduits) per building for the electric service. Per the attached CXT specifications a level sub base of at least six (6) inches in depth of pea gravel shall be installed. Refer to the attached drawings for exact dimensions. When finished the top of the sub base shall be at least level to but not more than two (2) inches above the surrounding ground height. It shall be the contractor’s responsibility to provide all materials needed for this contract. This is intended to be a “turn key” job that results in a level and compacted sub base with utility stub ups ready for the placement of the pre cast concrete buildings via crane. Once the building is set it will be the contractor’s responsibility to provide final termination of the waste vents and the connection of the water line to the building water lines as shown in the drawing.
4.2. Existing utilities. It shall be the contractor’s responsibility to locate or have located all private, public and/or government utilities. If any damage should occur to any utility from the operations of this contract it shall be the contractor’s responsibility to make all repairs with no cost to the government.
4.3. Excess materials. The contractor shall remove all unwanted materials from Government property once the job is complete.
4.4. Cleanup. The Contractor shall be responsible for the cleanup and removal of any construction trash, debris, etc as a result of this contract off of Government property.
4.5. Questions. All questions regarding this contract shall be directed to Shane Corley. 217-774-3951. Ext. 7015 or email shane.l.corley@usace.army.mil
5. ENVIRONMENTAL PROTECTION
5.0. Scope. This section prescribes action required for the prevention of environmental pollution during and as the result of operations under this contract. For the purpose of this specification, environmental pollution is defined as the presence of chemicals, physical, or biological elements of agents, which adversely affect human health or welfare; unfavorably alter ecological balances of importance to man; or degrade the utility of the environment for aesthetic and recreational purposes. The control of environmental pollution requires consideration of air, water and land, and involves noise, solid waste management and management of radiant energy and radioactive materials as well as other pollutants.
5.1. Protection of Land Resources. The work areas on which the work is to be performed under this contract and the land resources adjacent thereto should be preserved in their present condition.
5.2. Protection of Water Resources.
5.2.1. Contamination of Water. Lakes, ditches, rivers, canals, waterways, or reservoirs shall not be polluted with fuels, oil, bituminents, calcium chloride, insecticides, herbicides, or other similar materials harmful to fish, shell fish, of wildlife; nor shall they be polluted with materials which may be detrimental to outdoor recreation.
5.2.2. Disposal of Materials. The methods and locations of disposal of materials, wastes effluents, trash, garbage, oil, grease, chemicals, etc., within the right-of-way limits shall be such that harmful debris will not enter lakes, ditches, rivers, canals, waterways, or reservoirs by erosion.
5.2.3. Permits and Responsibilities. The contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits, and for complying with any applicable federal, state, and municipal laws, codes, and regulations; in connection with prosecution of the work. The contractor shall be similarly responsible for all damages to persons or property that occur as a result of his/her fault or negligence;
shall take proper safety and health precautions to protect the work, the workers, the public, and all the property of others; and shall also be responsible for all materials delivered and work performed until completion and acceptance of the contract.
6. Method of Payment. Payment may be made by Government VISA if deemed to be in the best interest of the Government.
7. INSPECTION AND ACCEPTANCE. The work will be conducted under the general direction of the COR and is subject to inspection by his appointed inspectors to insure strict compliance with the terms of the contract. No inspector is authorized to change any provision of the specifications without written authorization of the KO, nor shall the presence or absence of an inspector relieve the contractor from any requirements of the contract. Formal acceptance will be made by the KO for and on behalf of the Government.
8. DELIVERIES AND TRANSPORTATION. The Contractor will notify the COR at least 72 hours in advance before work begins.
9. CONTRACT ADMINISTRATION DATA. Payment will be made for the work actually performed and:
(1) Upon receipt of the correct invoice in quadruplicate. Invoice shall contain the following information:
Contractor's name and address: contract number; item number; contract description of supplies or services as specified in Section 2: quantities and extended totals and (2)Upon submission to the COR a complete accounting of all man-hours used to accomplish the job (including administration time).
10. SPECIAL PROVISIONS
10.0. Contractor's Responsibility. It is understood and agreed to by the Contractor that he assumes full responsibility for the safety of his employees, plant damages and materials, and for any damage of injury done by or to them from any source or cause. The contractor will be responsible for gaining authority from all county and/or township road officials to haul the materials over county roads and township roads. Any liability incurred by damage to these public roads is the responsibility of the Contractor.
10.1. Protection of Buildings, Equipment, and Vegetation. The Contractor shall be responsible for restoring any Government facilities or structures damaged as a result of his/her operations. Care shall be used to avoid damage to existing structures, equipment, and vegetation in the recreational areas and other areas of Government property.
Any such damage shall be repaired, or the items replaced as directed by the Contracting Officer at no cost to the Government. If the Contractor does not make such repairs or replacements, the cost thereof will be deducted from payments to be made to him. The Contractor shall advise the Contracting Officer of any damage to the facilities due to vandalism or other causes on the day he/she first notices such damage.
10.2. Contract Performance. During the progress of the contract if it becomes apparent that the Contractor is unable or unwilling to perform the work in accordance with Contract specifications, he will acquire additional supplies, equipment, and personnel as may be required by the Contracting Officer or his/her authorized representative to ensure that the work is accomplished. If any work performed is not in conformity with the requirements of this contract, the Government will have the right to require the Contractor to immediately take all necessary steps to insure future performance of the services in conformity with the requirement of the contract; and reduce the contract price to reflect the reduced value of the services performed. In the event the Contractor fails to promptly take necessary steps to insure future performance of the services in conformity with the requirements of the contract, the Government will have the right to by contract or otherwise have the services performed in conformity with the contract requirements and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such services.
10.3. Required Insurance. The Contractor shall procure and maintain during the entire period of his performance under this contract the following minimum insurance:
Workmen's Compensation. Amounts required by applicable jurisdictional statutes.
Employer's Liability Insurance. $100,000
Comprehensive General Liability Insurance.
Bodily Injury - $500,000 per occurrence
Comprehensive Automobile Insurance.
Bodily Injury - $200,000 each person
$500,000 each accident Property Damage - $ 20,000 each accident
(CAUTION: Certain standard insurance certificated are not acceptable without alteration. ACORD 25 and similar forms do not assure notice of "any material change" and contain unacceptable wording such as "will endeavor" and "failure to mail such notice shall impose no obligation or liability; of any kind upon this company"; "this certificate is issued as a matter of information only and confers no rights upon the certificate holder"; and "This certificate does not amend, extend or alter the policies listed below.")
The contractor shall furnish to the COR, prior to the commencement of work, a certificate of the required insurance. Certificate of insurance should be submitted to the following address:
Department of Army St. Louis District, Corps of Engineers
Lake Shelbyville Project Office 1989 State Highway 16
Shelbyville, Illinois 62565
Section 00 10 00 - Solicitation
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 1 Job Rainer Building, A Leg
FFP
Coon Creek Utilities Stub-Up & Sub-Base Rainer Building, A Leg between Sites 10- 11
The Contractor shall provide a complete turn-key job by furnishing all labor, equipment and materials necessary for the work described within the contract specifications.
FOB: Destination
PSC CD: Y1PZ
NET AMT
0002 1 Job Cortez Building, A Leg
FFP
Coon Creek Utilities Stub-Up & Sub-Base Cortez Building, A Leg between Sites 23 & 24
The Contractor shall provide a complete turn-key job by furnishing all labor, equipment and materials necessary for the work described within the contract specifications.
0003 1 Job Navajo Building, D Leg
FFP
Coon Creek Utilities Stub-Up & Sub-Base Navajo Building, D Leg between Sites 143 & 144
The Contractor shall provide a complete turn-key job by furnishing all labor, equipment and materials necessary for the work described within the contract specifications.
0004 1 Job Rainer Building, E Leg
FFP
Coon Creek Utilities Stub-Up & Sub-Base Rainer, E Leg between Site 204
The Contractor shall provide a complete turn-key job by furnishing all labor, equipment and materials necessary for the work described within the contract specifications.
0005 1 Job Cortez Building, E Leg
FFP
Coon Creek Utilities Stub-Up & Sub-Base Cortez, E Leg across from beach
The Contractor shall provide a complete turn-key job by furnishing all labor, equipment and materials necessary for the work described within the contract specifications.
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 POP 14-OCT-2020 TO
18-JAN-2021
N/A LAKE SHELBYVILLE PROJECT OFC
ANNA E. HICKMAN
US ARMY ENGR DIST ST LOUIS
1989 STATE HIGHWAY 16
SHELBYVILLE IL 62565-4631
217-774-3867 X 7007
965116
0002 POP 14-OCT-2020 TO
18-JAN-2021
N/A (SAME AS PREVIOUS LOCATION)
0003 POP 14-OCT-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
0004 POP 14-OCT-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
0005 POP 14-OCT-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
CLAUSES INCORPORATED BY REFERENCE
52.204-7 System for Award Management OCT 2018 52.215-1 Instructions to Offerors--Competitive Acquisition JAN 2017 52.236-28 Preparation of Proposals--Construction OCT 1997 252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019
CLAUSES INCORPORATED BY FULL TEXT
52.216-1 TYPE OF CONTRACT (APR 1984)
The Government contemplates award of a firm-fixed price contract resulting from this solicitation.
(End of provision)
52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) – ALTERNATE I (FEB 1995)
(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.
(b) An organized site visit has been scheduled for--
DATE: Wednesday, August 12, 2020 TIME: 9:00am CST
(c) Participants will meet at—
USACE Lake Shelbyville Project
1989 State Hwy. 16 Shelbyville, IL 62565
Office: (217)774-3951 X 7005
52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)
This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):
https://www.acquisition.gov/browse/index/far
52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
https://www.acquisition.gov/browse/index/far
(End of clause)
52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)
(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of"(DEVIATION)" after the date of the provision.
(b) The use in this solicitation of any FAR (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)
(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.
(b) The use in this solicitation or contract of any FAR (48 CFR 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
Section 00 60 00 - Project Forms
52.203-11 Certification And Disclosure Regarding Payments To
Influence Certain Federal Transactions
SEP 2007
52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-17 Ownership or Control of Offeror JUL 2016 52.209-2 Prohibition on Contracting with Inverted Domestic
Corporations--Representation
NOV 2015
52.209-7 Information Regarding Responsibility Matters OCT 2018 52.219-14 Limitations On Subcontracting MAR 2020 52.222-38 Compliance With Veterans' Employment Reporting
Requirements
FEB 2016
52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications.
JUN 2020
252.225-7031 Secondary Arab Boycott Of Israel JUN 2005 252.247-7022 Representation of Extent of Transportation by Sea. JUN 2019
52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2020)
(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 237990.
(2) The small business size standard is $39,500,000.
(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.
(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 will be performed in the United States or its outlying areas.
(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 will be performed in the United States or its outlying areas.
(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 items.
(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 $83,099, the provision with its Alternate II applies.
(D) If the acquisition value is $83,099 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.
52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (MAY 2020)
(a) Definitions. As used in this clause--
Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.
Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (d) of this clause. Such a concern is ``not dominant in its field of operation'' when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.
(b) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, upon occurrence of any of the following:
(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.
(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.
(3) For long-term contracts--
(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and
(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.
(c) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, when the Contracting Officer explicitly requires it for an order issued under a multiple-award contract.
(d) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code(s) assigned to this contract. The small business size standard corresponding to this NAICS code(s) can be found at https://www.sba.gov/document/support--table-size-standards.
(e) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.
(f) Except as provided in paragraph (h) of this clause, the Contractor shall make the representation(s) required by paragraph (b) and (c) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause, or with its offer for an order (see paragraph (c) of this clause), that the data have been validated or updated, and provide the date of the validation or update.
(g) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (f) or (h) of this clause.
(h) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:
(1) The Contractor represents that it [ ] is, [ ] is not a small business concern under NAICS Code assigned to contract number .
(2) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.
(3) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not a women-owned small business concern.
(4) Women-owned small business (WOSB) concern eligible under the WOSB Program. [Complete only if the Contractor represented itself as a women-owned small business concern in paragraph (h)(3) of this clause.] The Contractor represents that--
(i) It [ ] is, [ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (h)(4)(i) of this clause is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture.
[The Contractor shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.
(5) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the Contractor represented itself as a women-owned small business concern eligible under the WOSB Program in (h)(4) of this clause.] The Contractor represents that--
(i) It [ ] is, [ ] is not an EDWOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (h)(5)(i) of this clause is accurate for each EDWOSB concern participating in the joint venture. [The Contractor shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: .] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.
(6) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not a veteran-owned small business concern.
(7) [Complete only if the Contractor represented itself as a veteran-owned small business concern in paragraph (h)(6) of this clause.] The Contractor represents that it [ ] is, [ ] is not a service-disabled veteran-owned small business concern.
(8) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that--
(i) It [ ] is, [ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and
(ii) It [ ] is, [ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (h)(8)(i) of this clause is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The Contractor shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: .] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.
[Contractor to sign and date and insert authorized signer's name and title.]
52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999)
The offeror represents that --
(a) ( ) It has, ( ) has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation;
(b) ( ) It has, ( ) has not, filed all required compliance reports; and
(c) Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained before subcontract awards.
52.222-25 AFFIRMATIVE ACTION COMPLIANCE (APR 1984)
The offeror represents that
(a) [ ] it has developed and has on file, [ ] has not developed and does not have on file, at each establishment, affirmative action programs required by the rules and regulations of the Secretary of Labor (41 CFR 60-1 and 60-2), or
(b) [ ] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.
252.225-7000 BUY AMERICAN--BALANCE OF PAYMENTS PROGRAM CERTIFICATE--BASIC (NOV
2014)
(a) Definitions. Commercially available off-the-shelf (COTS) item, component, domestic end product, foreign end product, qualifying country, qualifying country end product, South Caucasus/Central and South Asian (SC/CASA) state, South Caucasus/Central and South Asian (SC/CASA) state end product, and United States, as used in this provision, have the meanings given in the Buy American and Balance of Payments Program--Basic clause of this solicitation.
(b) Evaluation. The Government--
(1) Will evaluate offers in accordance with the policies and procedures of Part 225 of the Defense Federal Acquisition Regulation Supplement; and
(2) Will evaluate offers of qualifying country end products without regard to the restrictions of the Buy American statute or the Balance of Payments Program.
(c) Certifications and identification of country of origin.
(1) For all line items subject to the Buy American and Balance of Payments Program-- Basic clause of this solicitation, the offeror certifies that--
(i) Each end product, except those listed in paragraph (c)(2) or (3) of this provision, is a domestic end product; and
(ii) For end products other than COTS items, components of unknown origin are considered to have been mined, produced, or manufactured outside the United States or a qualifying country.
(2) The offeror certifies that the following end products are qualifying country end products:
___ (Line Item Number Country of Origin)
___ (Country of Origin)
(3) The following end products are other foreign end products, including end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (ii) of the definition of ``domestic end product'':
(Line Item Number) ___
(Country of Origin (If known)) ___
252.225-7020 TRADE AGREEMENTS CERTIFICATE--BASIC (NOV 2014)
(a) Definitions. Designated country end product, nondesignated country end product, qualifying country end product, and U.S.-made end product, as used in this provision have the meanings given in the Trade Agreements-- Basic clause of this solicitation.
(b) Evaluation. The Government--
(1) Will evaluate offers in accordance with the policies and procedures of part 225 of the Defense Federal Acquisition Regulation Supplement; and
(2) Will consider only offers of end products that are U.S.-made, qualifying country, or designated country end products unless--
(i) There are no offers of such end products;
(ii) The offers of such end products are insufficient to fulfill the Government's requirements; or
(iii) A national interest waiver has been granted.
(c) Certification and identification of country of origin.
(1) For all line items subject to the Trade Agreements--Basic of this solicitation, the offeror certifies that each end product to be delivered under this contract, except those listed in paragraph (c)(2) of this provision, is a U.S.-made, qualifying country, or designated country end product.
(2) The following supplies are other nondesignated country end products:
(Line Item Number ___ ) (Country of Origin ___ )
252.225-7035 BUY AMERICAN--FREE TRADE AGREEMENT --BALANCE OF PAYMENTS PROGRAM
CERTIFICATE--BASIC (NOV 2014)
(a) Definitions. ``Bahrainian end product,'' ``commercially available off-the-shelf (COTS) item,'' ``component,'' ``domestic end product,'' ``Free Trade Agreement country,'' ``Free Trade Agreement country end product,'' ``foreign end product,'' ``Moroccan end product,'' ``Panamanian end product,'' ``Peruvian end product,'' ``qualifying country end product,'' and ``United States,'' as used in this provision, have the meanings given in the Buy American--Free Trade Agreements--Balance of Payments Program--Basic clause of this solicitation.
(b) Evaluation. The Government—
(1) Will evaluate offers in accordance with the policies and procedures of Part 225 of the Defense Federal Acquisition Regulation Supplement; and
(2) For line items subject to Buy American--Free Trade Agreements--Balance of Payments Program-- Basic clause of this solicitation, will evaluate offers of qualifying country end products or Free Trade Agreement country end products other than Bahrainian end products, Moroccan end products, Panamanian end products, or Peruvian end products without regard to the restrictions of the Buy American or the Balance of Payments Program.
(c) Certifications and identification of country of origin. (1) For all line items subject to the Buy American--Free Trade Agreements--Balance of Payments Program—Basic clause of this solicitation, the offeror certifies that—
(i) Each end product, except the end products listed in paragraph (c)(2) of this provision, is a domestic end product;
and
(ii) Components of unknown origin are considered to have been mined, produced, or manufactured outside the United States or a qualifying country.
(2) The offeror shall identify all end products that are not domestic end products.
(i) The offeror certifies that the following supplies are qualifying country (except Australian or Canadian) end products:
(Line Item Number) (Country of Origin)
(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products other than Bahrainian end products, Moroccan end products, Panamanian end products or Peruvian end products:
(Line Item Number) (Country of Origin)
(iii) The following supplies are other foreign end products, including end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (ii) of the definition of ``domestic end product'':
(Line Item Number) (Country of Origin (If known))
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 N/A N/A N/A Government 0002 N/A N/A N/A Government 0003 N/A N/A N/A Government 0004 N/A N/A N/A Government 0005 N/A N/A N/A Government
52.202-1 Definitions JUN 2020 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 52.203-12 Limitation On Payments To Influence Certain Federal
Transactions
JUN 2020
52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper
MAY 2011
52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier
Subcontract Awards
JUN 2020
52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.209-6 Protecting the Government's Interest When Subcontracting
With Contractors Debarred, Suspended, or Proposed for Debarment
JUN 2020
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
52.211-13 Time Extensions SEP 2000 52.211-18 Variation in Estimated Quantity APR 1984 52.215-2 Audit and Records--Negotiation JUN 2020 52.215-8 Order of Precedence--Uniform Contract Format OCT 1997 52.215-19 Notification of Ownership Changes OCT 1997 52.219-8 Utilization of Small Business Concerns OCT 2018 52.222-1 Notice To The Government Of Labor Disputes FEB 1997 52.222-3 Convict Labor JUN 2003 52.222-4 Contract Work Hours and Safety Standards - Overtime
Compensation
MAY 2018
52.222-6 Construction Wage Rate Requirements AUG 2018
52.222-7 Withholding of Funds MAY 2014 52.222-8 Payrolls and Basic Records AUG 2018 52.222-9 Apprentices and Trainees JUL 2005 52.222-10 Compliance with Copeland Act Requirements…
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