Solicitation Amendment FA252122B00040001 SF 30.pdf
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- Solicitation number
- FA252122B0004
About this file
This document summarizes the results of an official bid opening for a federal solicitation seeking lift station repair services. The solicitation was issued by the Department of the Air Force Space Command to repair various lift stations at Cape Canaveral Space Force Station as per drawings and specifications, including providing all temporary power and bypass to ensure continuous sanitary sewer system operations. Bids were due by July 21, 2022 with an award date to be determined. The solicitation was set aside for women-owned small businesses with a size standard of $39.5 million and NAICS code 237110.
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11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended. is not extended.
Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:
(a) By completing items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;
or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.
12. ACCOUNTING AND APPROPRIATION DATA (If required)
13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.
IT MODIFIES THE CONTRACT/ORDER NUMBER AS DESCRIBED IN ITEM 14.
CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER
NUMBER IN ITEM 10A.
B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).
C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:
D. OTHER (Specify type of modification and authority)
E. IMPORTANT: Contractor is not is required to sign this document and return copies to the issuing office.
14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)
Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.
15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)
15B. CONTRACTOR/OFFEROR
(Signature of person authorized to sign)
15C. DATE SIGNED 16B. UNITED STATES OF AMERICA
(Signature of Contracting Officer)
16C. DATE SIGNED
Previous edition unusable STANDARD FORM 30 (REV. 11/2016) Prescribed by GSA FAR (48 CFR) 53.243
AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE PAGE OF PAGES
2. AMENDMENT/MODIFICATION NUMBER 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQUISITION NUMBER 5. PROJECT NUMBER (If applicable)
6. ISSUED BY CODE 7. ADMINISTERED BY (If other than Item 6) CODE
8. NAME AND ADDRESS OF CONTRACTOR (Number, street, county, State and ZIP Code) (X) 9A. AMENDMENT OF SOLICITATION NUMBER
9B. DATED (SEE ITEM 11)
10A. MODIFICATION OF CONTRACT/ORDER NUMBE
10B. DATED (SEE ITEM 13)
CODE FACILITY CODE
SECTION SF 30 BLOCK 14 CONTINUATION PAGE
SUMMARY OF CHANGES
The purpose of Amendment 01 is to accomplish the following:Block 14 (Description of Amendment/Modification):
1. Add necessary clauses and to remove unnecessary clauses.
2. Clarify the site visit FAR Clause 52.236-27 Alt 1 to read, Thursday 20 June 2022 at 10:00 EST.
3. Update the Davis Bacon Wage Determination to the recent version, dated 01 July 2022.
4. Attach the Record of Attendance from the Site Visit, 30 June 22 in Section J.
5. Attach the Design Clarification for 12 items dated 28 June 2022 in Section J.
6. Update the Bid Opening Call-in Number in Section L, from 321-494-3303 to 321-494-4139.
Section A - Solicitation/Contract Form
The following changes have been made:
INFORMATION FROM TO
Accept Within Days 150 120
Party to receive Solicitation
FA2521
USE WITH GOVERNMENT PURCHASE CARD
PATRICK SFB FL 32925-3237
NOT TO BE USED FOR SHIPPING
PATRICK SFB, FL 32925-3237
UNITED STATES
FA2521
FA2521 45 CONS LGC
1201 EDWARD H WHITE II ST MS 7200
CP (321) 494-6871
PATRICK SFB, FL 32925-3237
UNITED STATES
Section C - Description/Specifications/Statement of Work
The Requirements text has been modified to:
Provide the labor, materials and equipment to repair six (6) lift stations at various locations at CCSFS.
Repair by replacement two (2) lift stations - LS 55853 (Area 59 Main) and LS 88928 (Greenhouse) to include new wet well, pumps, and piping. Provide new wash down water with hose bibb and pressure sensor. Install new disconnect, new control panel, and new SCADA system. Program SCADA screen to display pounds per square inch (psi).
Repair four (4) lift stations - LS 79139 (Trident Wharf CHT), LS 79140 (Trident Wharf BLG), LS 90404 (Poseidon Wharf BLG) and LS 90405 (Poseidon Wharf CHT). Relocate piping assemblies above ground and install new valve assemblies. Retrofit existing valve pit for overflow storage. Provide new wash down water with hose bibb.
Section F - Deliveries or Performance
Miscellaneous text in this section has been modified to:
DELIVERIES AND PERFORMANCE:
F-1 NOTICE TO PROCEED (NTP): An NTP will be issued within 30 days after contract award.
F-2 PERIOD OF PERFORMANCE: The period of performance for this project is two hundred and eighty-five
(285) calendar days including thirty (30) non-access/no-dig days.
FA252122B00040001
Non-Access Period: Any period of time, during normal established duty hours, that a contractor and/or subcontractor(s), to include deliveries, are denied access to the worksite by appropriate government authority.
NOTE: A non-access day does not allow the contractor to perform any work.
Section I - Contract Clauses
Miscellaneous text in this section has been modified to:
FAR Clause Incorporated by Reference 52.222-23 -Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction. (Feb 1999) 52.225-8 -Duty-Free Entry. (Oct 2010) 252.236-7000 Modification Proposals--Price Breakdown. (Dec 1991) 252.236-7008 Contract Prices--Bidding Schedules. (Dec 1991)
FAR Clauses Incorporated by Full Text 52.211-10 Commencement, Prosecution, and Completion of Work Apr 1984 The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 285 days. The time stated for completion shall include final cleanup of the premises.
* The Contracting Officer shall specify either a number of days after the date the contractor receives the notice to proceed, or a calendar date.
(End of clause)
52.219-28 Post-Award Small Business Program Representation. Sep 2021
(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--
(1) 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.
(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.
(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 thisclause 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 an end item that it does not manufacture, process, or produce itself, for a contract other than a construction or service contract, is 500 employees if the acquisition--
(1) Was set aside for small business and has a value above the simplified acquisition threshold;
(2) Used the HUBZone price evaluation preference regardless of dollar value, unless the Contractor waived the price evaluation preference; or
(3) Was 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.
(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 concerneligible 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.] (End of clause)
Additional Information/Notes
The following clauses were deleted:
FAR Clauses Incorporated by Reference
52.219-6 - Notice of Total Small Business Set-Aside. Oct 2020 52.219-13 - Notice of Set-Aside of Orders. Feb 2020 52.219-33 - Nonmanufacturer Rule. Aug 2021
52.229-12 - Tax on Certain Foreign Procurements. Jan 2021 52.243-1 Alternate I - Changes-Fixed-Price. - (Alternate I) Jul 1987 52.247-68 - Report of Shipment (REPSHIP). Jan 2006
FAR Clauses Incorporated by Full Text
52.211-10 Alternate I - Commencement, Prosecution, and Completion of Work. (Alternate I) Mar 1984
As prescribed in 11.404(b), insert the following clause in solicitations and contracts when a fixed-price construction contract is contemplated. The clause may be changed to accommodate the issuance of orders under indefinite-delivery contracts for construction.
Commencement, Prosecution, and Completion of Work (Apr 1984)
The Contractor shall be required to (a) commence work under this contract within .[Contracting Officer insert number] calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 285 days. The time stated for completion shall include final cleanup of the premises.
* The Contracting Officer shall specify either a number of days after the date the contractor receives the notice to proceed, or a calendar date.
(End of clause)
Alternate I (Apr1984). If the completion date is expressed as a specific calendar date, computed on the basis of the contractor receiving the notice to proceed by a certain day, add the following paragraph to the basic clause:
The completion date is based on the assumption that the successful offeror will receive the notice to proceed by ____[Contracting Officer insert date]. The completion date will be extended by the number of calendar days after the above date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer.
52.219-28 Alternate I - Post-Award Small Business Program Rerepresentation. (Alternate I) Aug 2021
As prescribed in , insert the following clause:19.309(c)(1)
POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (SEP 2021)
. As used in this clause-(a) Definitions means a contract of more than five years in duration, including options. However, the term does not include contracts that Long-term contract 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 (1) 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.
, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the (2) Affiliates others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.
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 (b) 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:
Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the (1) novation agreement was executed prior to inclusion of this clause in the contract.
Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to (2) include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.
For long-term contracts-(3)
Within 60 to 120 days prior to the end of the fifth year of the contract; and(i)
Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.(ii)
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 (c) 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.
The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that (d) 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.
The small business size standard for a Contractor providing an end item that it does not manufacture, process, or produce itself, for a (e) contract other than a construction or service contract, is 500 employees if the acquisition-
Was set aside for small business and has a value above the simplified acquisition threshold;(1)
Used the HUBZone price evaluation preference regardless of dollar value, unless the Contractor waived the price evaluation preference; (2) or
Was an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business (3) set-aside or sole-source award regardless of dollar value.
Except as provided in paragraph (h) of this clause, the Contractor shall make the representation(s) required by paragraph (b) and (c) of this (f) 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.
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 (g) required to, take the actions required by paragraphs (f) or (h) of this clause.
If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code (h) 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:
The Contractor represents that it is, is not a small business concern under NAICS Code assigned to contract number .(1) ____ ____
[ .] The Contractor (2) Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause represents that it is, is not, a small disadvantaged business concern as defined in .13 CFR 124.1002
[ ] The Contractor (3) Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.
represents that it is, is not a women-owned small business concern.
Women-owned small business (WOSB) concern eligible under the WOSB Program. [(4) Complete only if the Contractor represented itself ] The Contractor represents that-as a women-owned small business concern in paragraph (h)(3) of this clause.
It is, is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB (i) Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
It is, is not a joint venture that complies with the requirements of , and the representation in paragraph (h)(4)(ii) 13 CFR part 127
(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.
Economically disadvantaged women-owned small business (EDWOSB) concern.[(5) Complete only if the Contractor represented itself as a ] The Contractor represents that-women-owned small business concern eligible under the WOSB Program in (h)(4) of this clause.
It is, is not an EDWOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB (i) Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
It is, is not a joint venture that complies with the requirements of , and the representation in paragraph (h)(5)(ii) 13 CFR part 127
(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.
[ ] The Contractor (6) Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.
represents that it is, is not a veteran-owned small business concern.
[ ] The (7) Complete only if the Contractor represented itself as a veteran-owned small business concern in paragraph (h)(6) of this clause.
Contractor represents that it is, is not a service-disabled veteran-owned small business concern.
[ ] The Contractor (8) Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.
represents that-
It is, is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone (i) 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
It is, is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in (ii) 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.
(End of clause)
Alternate I . As prescribed in 19.309(c)(2), substitute the following paragraph (h)(1) for paragraph (h)(1) of the basic clause:(MAR 2020)
(h)(1) The Contractor represents its small business size status for each one of the NAICS codes assigned to this contract.
NAICS Code Small business concern (yes/no)
[ ]Contracting Officer to insert NAICS codes.
52.232-8 - Discounts for Prompt Payment. Jan 2002
As prescribed in , insert the following clause:32.111(b)(1)
DISCOUNTS FOR PROMPT PAYMENT (FEB 2002)
Discounts for prompt payment will not be considered in the evaluation of offers. However, any offered discount will form a part of the (a) award, and will be taken if payment is made within the discount period indicated in the offer by the offeror. As an alternative to offering a discount for prompt payment in conjunction with the offer, offerors awarded contracts may include discounts for prompt payment on individual invoices.
In connection with any discount offered for prompt payment, time shall be computed from the date of the invoice. If the Contractor has not (b) placed a date on the invoice, the due date shall be calculated from the date the designated billing office receives a proper invoice, provided the agency annotates such invoice with the date of receipt at the time of receipt. For the purpose of computing the discount earned, payment shall be considered to have been made on the date that appears on the payment check or, for an electronic funds transfer, the specified payment date. When the discount date falls on a Saturday, Sunday, or legal holiday when Federal Government offices are closed and Government business is not expected to be conducted, payment may be made on the following business day.
(End of clause)
52.232-11 - Extras. Mar 1984
As prescribed in , insert the following clause, appropriately modified with respect to payment due dates in accordance with agency 32.111(c)(2) regulations, in solicitations and contracts when a fixed-price supply contract, fixed-price service contract, or transportation contract is contemplated:
EXTRAS (APR 1984)
Except as otherwise provided in this contract, no payment for extras shall be made unless such extras and the price therefor have been authorized in writing by the Contracting Officer.
(End of clause)
DFARS Clauses Incorporated by Reference
252.237-7010 - Prohibition on Interrogation of Detainees by Contractor Personnel. May 2013
DFARS Clauses Incorporated by Full Text
252.232-7013 - Performance-Based Payments-Deliverable-Item Basis. Mar 2020
As prescribed in 232.1005-70(a)(2), use the following clause:
PERFORMANCE-BASED PAYMENTS-DELIVERABLE-ITEM BASIS (APR 2020)
(a) Performance-based payments shall form the basis for the contract financing payments provided under this contract and shall apply to Contract Line Item Numbers (CLIN(s)) . The performance-based payments schedule (Contract [Contracting Officer insert applicable CLIN(s)]____ Attachment ) describes the basis for payment, to include identification of the individual payment events, CLINs to which each event applies, ____ evidence of completion, and amount of payment due upon completion of each event.
(b) In accordance with 10 U.S.C. 2307(b)(4)(A), the Contractor's financial statements shall be in compliance with Generally Accepted Accounting Principles in order to receive performance-based payments.
(c)(1) The Contractor shall, in addition to providing the information required by FAR 52.232-32, submit information for all payment requests using the following format:
Current performance-based payment(s) event(s) addressed by this request:
Contractor shall identify- Amount Totals (1a) Negotiated value of all previously completed performance-based payment(s) event(s);
(1b) Negotiated value of the current performance-based payment(s) event(s); ____ ____ (1c) Cumulative negotiated value of performance-based payment
(s) event(s) completed to date (1a) + (1b); and
(2) Total costs incurred to date. ____ ____
(2) Incurred cost is determined by the Contractor's accounting books and records, to which the Contractor shall provide access upon request of the Contracting Officer. An acceptable accounting system in accordance with DFARS 252.242-7006 is not required for reporting of incurred costs under this clause. If the Contractor's accounting system is not capable of tracking costs on a job order basis, the Contractor shall provide a realistic approximation of the allocation of incurred costs attributable to this contract in accordance with the Contractor's accounting system.
FAR 52.232-32(m) does not require certification of incurred costs.
(d) . Security for financing
(1) Title to the property described in paragraph (f) of the clause at FAR 52.232-32, Performance-Based Payments, is the preferred security for receipt of performance-based payments.
(2)(i) If the Contractor's accounting system is not capable of identifying and tracking through the build cycle the property that is allocable and properly chargeable to this contract, the Contracting Officer may consider acceptance of one or a combination of the following alternative forms of security sufficient to constitute adequate security for the performance-based payments and so specify in the contract, consistent with FAR 32.202- 4:
(A) A paramount lien on assets.
(B) An irrevocable letter of credit from a federally insured financial institution.
(C) A bond from a surety, acceptable in accordance with FAR part 28.
(D) A guarantee of repayment from a person or corporation of demonstrated liquid net worth, connected by significant ownership interest to the Contractor.
(E) Title to identified Contractor assets of adequate worth.
(ii) Paragraph (f) of the clause at FAR 52.232-32 does not apply to the extent that the Contractor and the Contracting Officer agree on alternative forms of security. In the event the Contractor fails to provide adequate security, as required in this contract, no financing payment will be made under this contract. Upon receipt of adequate security, financing payments will be made, including all previous payments to which the Contractor is entitled, in accordance with the terms of the provisions for contract financing. If at any time the Contracting Officer determines that the security provided by the Contractor is insufficient, the Contractor shall promptly provide such additional security as the Contracting Officer determines necessary. In the event the Contractor fails to provide such additional security, the Contracting Officer may collect or liquidate such security that has been provided and suspend further payments to the Contractor; and the Contractor shall repay to the Government the amount of unliquidated financing payments as the Contracting Officer at his sole discretion deems repayable.
(End of clause)
Section J - List of Attachments
Miscellaneous text in this section has been modified to:
Attachment 1 - Drawings DBEH 20-1563 Attachment 2 - Statement of Work DBEH 20-1563 Attachment 3 - Green Procurement Form Attachment 4 - Wage Rate Requirement Attachment 5 - Q&A Template Attachment 6 - 45 SFS Badge Request Form Attachment 7- Wage Determination 01 July 2022 Attachment 8- Site Visit Record of attendance, 30 June 2022 Attachment 9- DBEH 12-1563 Design Clarifications
Section K - Representations, Certification, & Other Statements
Miscellaneous text in this section has been modified to:
52.219-2 Equal Low Bids (Oct 1995)
(a) This provision applies to small business concerns only.
(b) The bidder's status as a labor surplus area (LSA) concern may affect entitlement to award in case of tie bids.
If the bidder wishes to be considered for this priority, the bidder must identify, in the following space, the LSA in which the costs to be incurred on account of manufacturing or production (by the bidder or the first-tier subcontractors) amount to more than 50 percent of the contract price.
(c) Failure to identify the labor surplus areas as specified in paragraph (b) of this provision will preclude the bidder from receiving priority consideration. If the bidder is awarded a contract as a result of receiving priority consideration under this provision and would not have otherwise received award, the bidder shall perform the contract or cause the contract to be performed in accordance with the obligations of an LSA concern.
(End of provision)
The following clauses were modified:
52.204-8 - Annual Representations and Certifications. Dec 2021 hereby reads as follows:
As prescribed in 4.1202(a), insert the following provision: Annual Representations and Certifications (Jan 2022)
(a) (1) The North American Industry Classification System (NAICS) code for this acquisition is 237110. (2) The small business size standard is $39.5M. (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: (i) [ ] Paragraph (d) applies. (ii) [ ] 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, CertificationRegarding 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 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 Certifications. 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 in SAM are applicable to this solicitation as indicated by the Contracting Officer: [Contracting Officer check as appropriate.] [x ] (i) 52.204-17, Ownership or Control of Offeror. [ x] (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 website 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)
252.204-7007 Alternate A - Alternate A, Annual Representations and Certifications. Apr 2021 hereby reads as follows:
Alternate A, Annual Representations and Certifications.
As prescribed in 204.1202, use the following provision:
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 52.204-7, System for Award Management, is included in this solicitation, paragraph (e) 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 (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 and contracts when contract performance will be in Italy.
(vii) 252.229-7013, Tax Exemptions (Spain)-Representation. Applies to solicitations and contracts 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…
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