FA8201-16-R-0007.pdf

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Attached to
SIMPLIFIED BASE ENGINEERING REQUIREMENT (SABER) Federal contract opportunity
Solicitation number
FA8201-16-R-0007
Issued by
Department of the Air Force Materiel Command Lifecycle Management Center Hill Air Force Base

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Solicitation - FA8201-16-R-0007

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Other files attached to SIMPLIFIED BASE ENGINEERING REQUIREMENT (SABER), newest first.
File Type Posted
Questions_and_Responses_15_March_2016.pdf PDF
Questions_and_Responses_15_March_2016.pdf PDF
SABER_Seed_Project_SOW_7Mar2016_Rev1_TrackChanges.pdf PDF
SABER_Section_L_7March2016_Rev1_TrackChanges.pdf PDF
SABER_Section_M_7March2016_Rev1_TrackChanges.pdf PDF
SABER_BASIC_SOW_7Mar2016_Rev1_TrackChanges.pdf PDF
Attachment_01_-_SABER_BASIC_SOW_7Mar2016_Rev1_ApprovedChanges.pdf PDF
Attachment_15_-_Rate_Worksheet_Rev_1.xlsx XLSX spreadsheet
Attachment_13_-_SABER_Section_M_7March2016_Rev1_ApprovedChanges.pdf PDF
FA8201-16-R-0007-0002_pdf_FINAL.pdf PDF
Attachment_26_-_Bldg_2405_and_2408_Mastic_Asbestos_Containing_Material_Samples.pdf PDF
Attachment_12_-_SABER_Section_L_7March2016_Rev1_ApprovedChanges.pdf PDF
Attachment_17_-_SABER_Seed_Project_SOW_7Mar2016_Rev1_ApprovedChanges.pdf PDF
Question_and_Responses_7_March_2016.pdf PDF
Site_Visit_Attendee_List.pdf PDF
FA8201-16-R-0007-0001.pdf PDF
Responses_to_Questions_-_5Feb2016.pdf PDF
Attachment_13_-_SABER_Section_M_FINAL_3Feb2016.pdf PDF
Attachment_25_-_Seed_Project_Pictures_3Feb2016.pdf PDF
Attachment_04_-_Wage_Determination_UT100.pdf PDF
Attachment_05_-_Wage_Determination_UT102.pdf PDF
Attachment_17_-_SABER_Seed_Project_SOW_FINAL_28Dec2015.pdf PDF
Attachment_23_-_Site_Visit_Information.pdf PDF
Attachment_16_-_Bona_Fide_Office_Requirements.pdf PDF
Attachment_19_-_Bldg_950 _970 _980_Asbestos_Report.pdf PDF
Attachment_18_-_Seed_Project_Burglar_Bar_Drawing.pdf PDF
Attachment_15_-_Rate_Worksheet_FINAL.xlsx XLSX spreadsheet
Attachment_06_-_Wage_Determination_UT104.pdf PDF
Attachment_08_-_Wage_Determination_WY15.pdf PDF
Attachment_12_-_SABER_Section_L_FINAL_3Feb2016.pdf PDF
Attachment_10_-_Government_Furnished_Property_(Scheduled)-_SGFP_V5.pdf PDF
Attachment_03_-_APPENDIX_C_MASTER_ON_or_OFF_BASE_UPDATED_Dec_2014.pdf PDF
Attachment_01_-_SABER_BASIC_SOW_FINAL_28Dec2015.pdf PDF
Attachment_21_-_Bldg_950 _970 _980_LBP_Report.pdf PDF
Attachment_14_-_Construction_cost_estimate_breakdown_FINAL.xls XLS spreadsheet
Attachment_24_-_Site_Visit_Attendees.xlsx XLSX spreadsheet
Attachment_02_-_BASE_FACILITY_DESIGN_STANDARD_-_3_SEP_15.pdf PDF
Attachment_07_-_Wage_Determination_UT110.pdf PDF
Attachment_09_-_Hill_AFB_Construction_and_Demolition_Waste_Diversion_Report.pdf PDF
Attachment_20_-_Bldg_2405 _2408_Asbestos_Report.pdf PDF
Attachment_22_-_Bldg_2405 _2408_LBP_Report.pdf PDF
ppi_tool.accdb —
Attachment_11_-_Government_Furnished_Property_(Requisitioned)_RGFP_V4.pdf PDF
DRAFT_-_SABER_BASIC_SOW_8_Dec_2015.pdf PDF
DRAFT_-_SABER_Seed_Project_SOW_8_Dec_2015.pdf PDF
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A . P ro jec t Tit le : S im p lified A c qu is it ion B as e E ng inee ring R equ irem en ts (S A B E R ) a t H ill A F B U T.

B . C om pe t it ion is lim it ied to 8 (a ) firm s loc a ted w ith in U tah o r o the r 8 (a ) c ons t ruc t ion firm s ou ts ide o f U tah tha t have an app roved bona fide p lac e o f bus ines s in U tah a t the t im e o f b id s ubm it ta ls .

C . G ove rnm en t (G ovt ) an t ic ipa tes aw ard o f app rox im a te ly 3 Inde fin ite D e live ry Inde fin ite Q uan t ity (ID IQ ) c on t rac ts w ith a 5 -y ea r o rde ring pe riod and one 6 -m on th op t ion .

D . B ond ing - S ee S ec t ions I, L & M .

E . S ee S ec t ions L and M fo r p ropos a l p repa ra t ion .

F . The gua ran teed m in im um am oun t ove r the life o f the c on t rac t is $500 .00 , w h ic h w ill be funded w ith the firs t tas k o rde r. The to ta l agg rega te am oun t ex pendab le unde r a ll c on t rac ts aw arded s ha ll no t ex c eed es t im a ted $150 M illion .

G . P re -P ropos a l S ite V is it w ill be on 23 F eb 2016 , s ee a t tac hm en ts 23 & 24 , and F A R C laus e (s ) 52 .236 -27 & A LT I.

H . IA W F A R 36 .204 , the M agn itude o f C ons t ruc t ion fo r the aw ardab le S eed P ro jec t is be tw een $500 ,000 and $1M .

I. N A IC S C ode fo r th is ac qu is it ion is 236220 ; S m a ll B us ines s (S B ) s iz e s tanda rd $36 .5M .

The G ovt res e rves the righ t to c anc e l th is s o lic ita t ion , be fo re o r a fte r the c los ing da te . If the G ovt c anc e ls the s o lic ita t ion , the G ovt has no ob liga t ion to re im burs e an O ffe ro r fo r any c os ts .

M A R N IE L . W H ITE A K E R 801-586 -5546

N O T E : In se a le d b id so lic ita tio n s "o ffe r" an d "o ffe ro r" me an "b id " an d "b id d e r" .

10 . TH E G O V E R N M E N T R E Q U IR E S P E R F O R M A N C E O F TH E W O R K D E S C R IB E D IN TH E S E D O C U M E N TS

N E G O TIA TE D

03-F eb -2016

(R F P )

(IF B )

X

C A LL :

B . TE LE P H O N E N O . (Inc lude a rea c ode ) (N O C O LLE C T C A LLS )

S ee Item 7

2 . TY P E O F S O L IC ITA TIO N

S E A LE D B ID

3 . D A TE IS S U E D

9. F O R IN F O R M A TIO N A . N A M E

S O L IC IT AT IO N

N S N 7540 -01 -155 -3212 1 4 4 2 -1 0 1 S T A N D A R D F O R M 1442 (R E V . 4 -85 ) P re sc ri b e d b y G S A

F A R (4 8 C F R ) 5 3 .2 3 6 -1 (e )

11 . The C on t rac to r s ha ll beg in pe rfo rm anc e w ith in _______10 c a lenda r day s and c om p le te it w ith in ________180 c a lenda r day s a fte r rec e iving aw ard , X no t ic e to p roc eed . Th is pe rfo rm anc e pe riod is m anda to ry , nego t iab le . (S ee _________________________

12 A . TH E C O N TR A C TO R M U S T F U R N IS H A N Y R E Q U IR E D P E R F O R M A N C E A N D P A Y M E N T B O N D S ?

(I f "Y E S ," ind ic a te with in how m any c a lenda r days a f te r award in I tem 12B . )

X Y E S N O

13 . A D D ITIO N A L S O L IC ITA TIO N R E Q U IR E M E N TS :

A . S ea led o ffe rs in o rig ina l and __________1 c op ies to pe rfo rm the w o rk requ ired a re due a t the p lac e s pec ified in Item 8 by ___________ loc a l t im e ______________31 M ar 2016 (da te ). If th is is a s ea led b id s o lic ita t ion , o ffe rs m us t be pub lic ly opened a t tha t t im e .

s ha ll be m ark ed to s how the o ffe ro r's nam e and add res s , the s o lic ita t ion num ber, and the da te and t im e o ffe rs a re due .

B . A n o ffe r gua ran tee X is , is no t requ ired .

C . A ll o ffe rs a re s ub jec t to the (1 ) w o rk requ irem en ts , and (2 ) o the r p rovis ions and c laus es inc o rpo ra ted in the s o lic ita t ion in fu ll tex t o r by re fe renc e .

D . O ffe rs p rovid ing les s than _______240 c a lenda r day s fo r G ove rnm en t ac c ep tanc e a fte r the da te o ffe rs a re due w ill no t be c ons ide red and w ill be re jec ted .

S O L IC IT AT IO N , O F F E R ,

AN D AW AR D

(C ons t ruc t ion , A lte ra t ion , o r R epa ir)

1 . S O L IC ITA TIO N N O .

IM P O R T A N T - T h e "o ffe r" se c tio n o n th e re ve rse m u st b e fu l ly co m p le te d b y o ffe ro r.

4 . C O N TR A C T N O .

7 . IS S U E D B Y C O D E

O L :H /P Z IE

K AT IE G IL L 6 0 3 8 AS P E N AVE B L D G 1 2 8 9

H IL L AFB U T 8 4 0 5 6 -5 8 0 5

F A 8201

P A G E O F P A G E S

1 O F

C O D E

(T it le , iden t ifying no . , da te ):

12B . C A LE N D A R D A Y S

02 :00 P M (hou r)

S ea led enve lopes c on ta in ing o ffe rs

5 . R E Q U IS ITIO N /P U R C H A S E R E Q U E S T N O . 6 . P R O JE C T N O .

8 . A D D R E S S O F F E R TO (I f O the r T han I tem 7 )

F A X:TE L : 801 -586 -9173 TE L : F A X:

F A 8201 -16 -R -0007 87

20B . S IG N A TU R E

(R E V . 4 -85 )S T A N D A R D F O R M 1442 B A C K

TO S IG N

N S N 7540-01 -155 -3212

S O L IC IT AT IO N , O F F E R , AN D AW AR D (C o n t in u ed )

(C ons truc tion , A lte ra tion , o r R epa ir)

C O D E F A C IL ITY C O D E

17 . The o ffe ro r ag rees to pe rfo rm the w ork requ ired a t the p ric es s pec ified be low in s t ric t ac c o rdanc e w ith the te rm s o f th is s o lic ita t ion , if th is o ffe r is ac c ep ted by the G ove rnm en t in w rit ing w ith in ________ c a lenda r day s a fte r the da te o ffe rs a re due .

the m in im um requ irem en ts s ta ted in I tem 13D . F a ilu re to ins e rt any num b er m eans the o f fe ro r ac c ep ts the m in im um in I tem 13D .)

A M O U N TS S E E S C H E D U LE O F P R IC E S

18 . The o ffe ro r ag rees to fu rn is h any requ ired pe rfo rm anc e and pay m en t bonds .

19 . A C K N O W LE D G M E N T O F A M E N D M E N TS

(Th e o ffe ro r a ck n o w le d g e s re ce ip t o f a m e n d m e n ts to th e so l ic i ta tio n -- g ive n u m b e r a n d d a te o f e a ch )

A M E N D M E N T N O .

D A TE

20A . N A M E A N D TITLE O F P E R S O N A U TH O R IZE D TO S IG N

O F F E R (T ype o r p rin t )

AW AR D (T o b e co m p le ted b y G o vern m en t)

21 . ITE M S A C C E P TE D :

22 . A M O U N T 23 . A C C O U N TIN G A N D A P P R O P R IA TIO N D A TA

24 . S U B M IT IN V O IC E S TO A D D R E S S S H O W N IN IT EM

(4 co p ie s u n le ss o th e rw ise sp e c i fie d )

C O D E

(Ins e rt any num b er equa l to o r g rea te r than

20C . O F F E R D A TE

25 . O TH E R TH A N F U LL A N D O P E N C O M P E TITIO N P U R S U A N T TO

10 U .S .C . 2304 (c ) 41 U .S .C . 253 (c )

C O D E27 . P A Y M E N T W ILL B E M A D E B Y :26 . A D M IN IS TE R E D B Y

(Inc lude Z IP C ode)14 . N A M E A N D A D D R E S S O F O F F E R O R 15 . TE LE P H O N E N O . (Inc lude a rea c ode )

S ee Item 14

(Inc lude on ly if d if fe ren t than I tem 14 )16 . R E M ITTA N C E A D D R E S S

30B . S IG N A TU R E

29 . A W A R D (C o n tra c to r is n o t re q u ire d to s ig n th is d o cu m e n t.)

d o cu m e n t a n d re tu rn _ _ _ _ _ _ _ co p ie s to is su in g o ffice .)

C o n tra c to r a g re e s Yo u r o ffe r o n th is s o l ic i ta tio n , is h e re b y a cce p te d a s to th e i te m s l is te d . Th is a w a rd co n -to fu rn is h a n d d e l ive r a l l i te m s o r p e rfo rm a l l w o rk , re q u is i tio n s id e n ti fie d s u m m a te s th e co n tra c t, w h ich co n s is ts o f (a ) th e G o ve rn m e n t s o l ic i ta tio n a n d o n th is fo rm a n d a n y co n tin u a tio n s h e e ts fo r th e c o n s id e ra tio n s ta te d in th is yo u r o ffe r, a n d (b ) th is co n tra c t a w a rd . N o fu rth e r co n tra c tu a l d o cu m e n t is co n tra c t. Th e r ig h ts a n d o b l ig a tio n s o f th e p a rtie s to th is co n tra c t s h a l l b e n e ce s s a ry.

g o ve rn e d b y (a ) th is co n tra c t a w a rd , (b ) th e s o l ic i ta tio n , a n d (c ) th e c la u s e s , re p re s e n ta tio n s , ce rti fica tio n s , a n d s p e c i fica tio n s o r in c o rp o ra te d b y re fe r-e n ce in o r a tta ch e d to th is co n tra c t.

30A . N A M E A N D TITLE O F C O N TR A C TO R O R P E R S O N A U TH O R IZE D 31A. NAME OF CONTRACTING OFFICER (Type or print)

30C . D A TE

(T ype o r p rin t )

TEL: EMAIL:

31B . U N ITE D S TA TE S O F A M E R IC A 31C . A W A R D D A TE

B Y

C O N T R A C T IN G O F F IC E R W ILL C O M P LE T E IT E M 28 O R 29 A S A P P L IC A B LE

(C o n tra c to r is re q u ire d to s ig n th is28 . N E G O TIA TE D A G R E E M E N T

(M u st b e fu l ly co m p le ted b y o ffe ro r)O F F E R

FA8201-16-R-0007

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1,000 Lot

SABER PROJECTS

FFP

Offeror shall perform multiple disciplines in construction to include maintenance, repair, and alteration of real property and facilities as specified on the attached

SABER Statement of Work (SOW). Individual projects will be further defined in each individual Task Order. Labor rates for ordering periods below are Not to

Exceed (NTE) Labor Rates. The rates proposed will be contractually binding and shall be NTE amounts for any future Task Order proposals under this contract.

Ordering Period 1: 12 months*

Labor Categories:

Contract Manager/Superintendent hourly rate: _________

Project Manager hourly rate: ___________

Quality Control Officer hourly rate: __________

Environmental Officer hourly rate: _________

Site Safety and Health Officer hourly rate: _________

Ordering Period 2: 12 months*

Contract Manager/Superintendent hourly rate: _________

Project Manager hourly rate: ___________

Quality Control Officer hourly rate: __________

Ordering Period 3: 12 months*

Project Manager hourly rate: ___________

Quality Control Officer hourly rate: __________

Ordering Period 4: 12 months*

Project Manager hourly rate: ___________

Quality Control Officer hourly rate: __________

Ordering Period 5: 12 months*

Project Manager hourly rate: ___________

Quality Control Officer hourly rate: __________

*Rates for ordering period 1 are valid from date of basic contract award thru 12 months. Each subsequent ordering period is valid 12 months thereafter except the option period, which is valid 6 months thereafter (if exercised). Exact dates will be determined upon basic contract award.

Minimum/Maximum Contract Amounts:

The minimum guaranteed amount over the life of the contract is $500.00. The total aggregated maximum amount expendable under all SABER Contracts awarded is an estimated $150 Million.

FOB: Destination

SIGNAL CODE: A

NET AMT

FSC CD: Z2JZ

0002 1 Lot

POST AWARD CONFERENCE

FFP

The contractor shall attend a Post Award Orientation Conference. Attendance and submission of Quality Control Plan and Safety Plan is mandatory and will serve to fulfill the contract’s minimum guarantee amount.

PLEASE NOTE - A UNIT PRICE FOR CLIN 0002 IS NOT REQUIRED;

MINIMUM GUARANTEE WILL BE FULFILLED WITH CONTRACTOR

ATTENDANCE AT THE POST AWARD ORIENTATION CONFERENCE.

MINIMUM GUARANTEE AMOUNT IS DETERMINED BY THE

GOVERNMENT AND WILL NOT BE INCLUDED IN TOTAL EVALUATED

PRICE CALCULATIONS.

1001 1,000 Lot OPTION SABER PROJECTS - 6-month Option

FFP

Offeror shall perform multiple disciplines in construction to include maintenance, repair, and alteration of real property and facilities as specified on the attached

SABER Statement of Work (SOW). Individual projects will be further defined in each individual Task Order. Labor rates for ordering periods below are Not to

Exceed (NTE) Labor Rates. The rates proposed will be contractually binding and shall be NTE amounts for any future Task Order proposals under this contract.

Ordering Period 1: 12 months*

Labor Categories:

Contract Manager/Superintendent hourly rate: _________

Project Manager hourly rate: ___________

Quality Control Officer hourly rate: __________

Ordering Period 2: 12 months*

Project Manager hourly rate: ___________

Quality Control Officer hourly rate: __________

Ordering Period 3: 12 months*

Project Manager hourly rate: ___________

Quality Control Officer hourly rate: __________

Ordering Period 4: 12 months*

Project Manager hourly rate: ___________

Quality Control Officer hourly rate: __________

Ordering Period 5: 12 months*

Project Manager hourly rate: ___________

Quality Control Officer hourly rate: __________

*Rates for ordering period 1 are valid from date of basic contract award thru 12 months. Each subsequent ordering period is valid 12 months thereafter except the option period, which is valid 6 months thereafter (if exercised). Exact dates will be determined upon basic contract award.

Minimum/Maximum Contract Amounts:

Section C - Descriptions and Specifications

C-1 C-1. Specifications, Standards and Drawings

In accordance with FAR 11.201, the contractor shall furnish the services and supplies set forth in Section B in accordance with the General Provisions listed in Section J, and Statement of Work (SOW), specifications and/or drawings called for by individual task orders when issued.

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

0002 Destination Government Destination Government

1001 Destination Government Destination Government

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 POP 15-JUL-2016 TO

14-JAN-2021

N/A 75 CE

PAUL BECK

5713 LAHM LANE BLDG 593 S

HILL AFB UT 84056-5410

801-586-0945

F2D0AC

0002 POP 15-JUL-2016 TO

14-JAN-2021

N/A (SAME AS PREVIOUS LOCATION)

F2D0AA

1001 POP 15-JUL-2021 TO

14-JAN-2022

N/A (SAME AS PREVIOUS LOCATION)

F2D0AA

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions NOV 2013

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 SEP 2006

52.203-6 Alt I Restrictions On Subcontractor Sales To The Government

(Sep 2006) -- Alternate I

OCT 1995

52.203-7 Anti-Kickback Procedures MAY 2014

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity

MAY 2014

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014

52.203-11 Certification And Disclosure Regarding Payments To

Influence Certain Federal Transactions

SEP 2007

52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

OCT 2010

52.203-13 Contractor Code of Business Ethics and Conduct OCT 2015

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber

Content Paper

MAY 2011

52.204-7 System for Award Management JUL 2013

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011

52.204-10 Reporting Executive Compensation and First-Tier Subcontract

Awards

OCT 2015

52.204-13 System for Award Management Maintenance JUL 2013

52.204-16 Commercial and Government Entity Code Reporting JUL 2015

52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for

Debarment

OCT 2015

52.209-9 Updates of Publicly Available Information Regarding

Responsibility Matters

JUL 2013

52.209-10 Prohibition on Contracting With Inverted Domestic

Corporations

DEC 2014

52.211-13 Time Extensions SEP 2000

52.211-18 Variation in Estimated Quantity APR 1984

52.214-19 Contract Award-Sealed Bidding-Construction AUG 1996

52.214-34 Submission Of Offers In The English Language APR 1991

52.214-35 Submission Of Offers In U.S. Currency APR 1991

52.215-2 Audit and Records--Negotiation OCT 2010

52.215-8 Order of Precedence--Uniform Contract Format OCT 1997

52.215-10 Price Reduction for Defective Certified Cost or Pricing Data AUG 2011

52.215-11 Price Reduction for Defective Certified Cost or Pricing Data--

Modifications

AUG 2011

52.215-12 Subcontractor Certified Cost or Pricing Data OCT 2010

52.215-13 Subcontractor Certified Cost or Pricing Data--Modifications OCT 2010

52.215-15 Pension Adjustments and Asset Reversions OCT 2010

52.215-17 Waiver of Facilities Capital Cost of Money OCT 1997

52.215-20 Requirements for Certified Cost or Pricing Data or

Information Other Than Certified Cost or Pricing Data

OCT 2010

52.215-21 Requirements for Certified Cost or Pricing Data and Data

Other Than Certified Cost or Pricing Data -- Modifications

OCT 2010

52.215-22 Limitations on Pass-Through Charges--Identification of

Subcontract Effort

OCT 2009

52.217-5 Evaluation Of Options JUL 1990

52.219-6 Notice Of Total Small Business Set-Aside NOV 2011

52.219-8 Utilization of Small Business Concerns OCT 2014

52.219-14 Limitations On Subcontracting NOV 2011

52.222-3 Convict Labor JUN 2003

52.222-4 Contract Work Hours and Safety Standards- Overtime

Compensation

MAY 2014

52.222-6 Construction Wage Rate Requirements MAY 2014

52.222-7 Withholding of Funds MAY 2014

52.222-8 Payrolls and Basic Records MAY 2014

52.222-9 Apprentices and Trainees JUL 2005

52.222-10 Compliance with Copeland Act Requirements FEB 1988

52.222-11 Subcontracts (Labor Standards) MAY 2014

52.222-12 Contract Termination-Debarment MAY 2014

52.222-13 Compliance With Construction Wage Rate Requirements and

Related Regulations

MAY 2014

52.222-14 Disputes Concerning Labor Standards FEB 1988

52.222-15 Certification of Eligibility MAY 2014

52.222-21 Prohibition Of Segregated Facilities APR 2015

52.222-26 Equal Opportunity APR 2015

52.222-27 Affirmative Action Compliance Requirements for

Construction

APR 2015

52.222-37 Employment Reports on Veterans OCT 2015

52.222-38 Compliance With Veterans' Employment Reporting

Requirements

SEP 2010

52.222-40 Notification of Employee Rights Under the National Labor

Relations Act

DEC 2010

52.222-43 Fair Labor Standards Act And Service Contract Labor

Standards - Price Adjustment (Multiple Year And Option

Contracts)

MAY 2014

52.222-50 Combating Trafficking in Persons MAR 2015

52.223-1 Biobased Product Certification MAY 2012

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

SEP 2013

52.223-4 Recovered Material Certification MAY 2008

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011

52.223-6 Drug-Free Workplace MAY 2001

52.223-12 Refrigeration Equipment and Air Conditioners MAY 1995

52.223-15 Energy Efficiency in Energy-Consuming Products DEC 2007

52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

MAY 2008

52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008

52.225-25 Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran-- Representation and Certifications.

OCT 2015

52.227-1 Authorization and Consent DEC 2007

52.227-2 Notice And Assistance Regarding Patent And Copyright

Infringement

DEC 2007

52.227-4 Patent Indemnity-Construction Contracts DEC 2007

52.228-2 Additional Bond Security OCT 1997

52.228-5 Insurance - Work On A Government Installation JAN 1997

52.228-11 Pledges Of Assets JAN 2012

52.228-12 Prospective Subcontractor Requests for Bonds MAY 2014

52.228-15 Performance and Payment Bonds--Construction OCT 2010

52.229-3 Federal, State And Local Taxes FEB 2013

52.232-1 Payments APR 1984

52.232-5 Payments under Fixed-Price Construction Contracts MAY 2014

52.232-17 Interest MAY 2014

52.232-18 Availability Of Funds APR 1984

52.232-23 Assignment Of Claims MAY 2014

52.232-25 Prompt Payment JUL 2013

52.232-27 Prompt Payment for Construction Contracts MAY 2014

52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

JUL 2013

52.233-1 Disputes MAY 2014

52.233-3 Protest After Award AUG 1996

52.236-2 Differing Site Conditions APR 1984

52.236-3 Site Investigation and Conditions Affecting the Work APR 1984

52.236-4 Physical Data APR 1984

52.236-5 Material and Workmanship APR 1984

52.236-6 Superintendence by the Contractor APR 1984

52.236-7 Permits and Responsibilities NOV 1991

52.236-8 Other Contracts APR 1984

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

APR 1984

52.236-10 Operations and Storage Areas APR 1984

52.236-11 Use and Possession Prior to Completion APR 1984

52.236-12 Cleaning Up APR 1984

52.236-13 Accident Prevention NOV 1991

52.236-14 Availability and Use of Utility Services APR 1984

52.236-15 Schedules for Construction Contracts APR 1984

52.236-17 Layout of Work APR 1984

52.236-21 Specifications and Drawings for Construction FEB 1997

52.236-21 Alt I Specifications and Drawings for Construction (Feb 1997) -

Alternate I

APR 1984

52.236-26 Preconstruction Conference FEB 1995

52.236-28 Preparation of Proposals--Construction OCT 1997

52.242-13 Bankruptcy JUL 1995

52.242-14 Suspension of Work APR 1984

52.242-17 Government Delay Of Work APR 1984

52.243-4 Changes JUN 2007

52.244-5 Competition In Subcontracting DEC 1996

52.245-1 Government Property APR 2012

52.245-9 Use And Charges APR 2012

52.246-12 Inspection of Construction AUG 1996

52.246-21 Warranty of Construction MAR 1994

52.247-34 F.O.B. Destination NOV 1991

52.248-3 Value Engineering-Construction OCT 2015

52.249-1 Termination For Convenience Of The Government (Fixed

Price) (Short Form)

APR 1984

52.249-2 Termination For Convenience Of The Government (Fixed-

Price)

APR 2012

52.249-2 Alt I Termination for Convenience of the Government (Fixed-

Price) (Apr 2012) - Alternate I

SEP 1996

52.249-3 Termination for Convenience of the Government

(Dismantling, Demolition, or Removal of Improvements)

APR 2012

52.249-3 Alt I Termination for Convenience of the Government

(Dismantling, Demolition, or Removal of Improvements) (Apr

2012) - Alternate I

SEP 1996

52.249-10 Default (Fixed-Price Construction) APR 1984

52.249-10 Alt I Default (Fixed-Price Construction) (Apr 1984) Alternate I APR 1984

52.252-1 Solicitation Provisions Incorporated By Reference FEB 1998

52.252-2 Clauses Incorporated By Reference FEB 1998

52.252-5 Authorized Deviations In Provisions APR 1984

52.252-6 Authorized Deviations In Clauses APR 1984

52.253-1 Computer Generated Forms JAN 1991

252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense-

Contract-Related Felonies

DEC 2008

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7004 Alt A System for Award Management Alternate A FEB 2014

252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

AUG 2015

252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

AUG 2015

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Country that is a State Sponsor of

Terrorism

OCT 2015

252.211-7007 Reporting of Government-Furnished Property AUG 2012

252.215-7000 Pricing Adjustments DEC 2012

252.215-7002 Cost Estimating System Requirements DEC 2012

252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.225-7002 Qualifying Country Sources As Subcontractors DEC 2012

252.225-7012 Preference For Certain Domestic Commodities FEB 2013

252.225-7048 Export-Controlled Items JUN 2013

252.227-7022 Government Rights (Unlimited) MAR 1979

252.227-7023 Drawings and Other Data to become Property of Government MAR 1979

252.227-7027 Deferred Ordering Of Technical Data Or Computer Software APR 1988

252.227-7028 Technical Data or Computer Software Previously Delivered to the Government

JUN 1995

252.227-7033 Rights in Shop Drawings APR 1966

252.231-7000 Supplemental Cost Principles DEC 1991

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

252.232-7010 Levies on Contract Payments DEC 2006

252.236-7000 Modification Proposals-Price Breakdown DEC 1991

252.236-7005 Airfield Safety Precautions DEC 1991

252.236-7006 Cost Limitation JAN 1997

252.236-7007 Additive or Deductive Items DEC 1991

252.239-7001 Information Assurance Contractor Training and Certification JAN 2008

252.243-7001 Pricing Of Contract Modifications DEC 1991

252.243-7002 Requests for Equitable Adjustment DEC 2012

252.244-7000 Subcontracts for Commercial Items JUN 2013

252.245-7000 Government-Furnished Mapping, Charting, and Geodesy

Property

APR 2012

252.245-7001 Tagging, Labeling, and Marking of Government-Furnished

Property

APR 2012

252.245-7002 Reporting Loss of Government Property APR 2012

252.245-7003 Contractor Property Management System Administration APR 2012

CLAUSES INCORPORATED BY FULL TEXT

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM

EMPLOYEES OF WHISTLEBLOWER RIGHTS (APR 2014)

(a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies in the pilot program on Contractor employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-239) and FAR 3.908.

(b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. 4712, as described in section 3.908 of the Federal Acquisition

Regulation.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the simplified acquisition threshold.

(End of clause)

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 236220.

(2) The small business size standard is $36.5M.

(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 is not included in this solicitation, and the offeror is currently registered in System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, 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) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at

52.204-7, System for Award Management.

(iv) 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.

(v) 52.209-2; Prohibition on Contracting with Inverted Domestic Corporations--Representation.

(vi) 52.209-5; Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(vii) 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.

(viii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(ix) 52.219-1, Small Business Program Representations (Basic & Alternate I). 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.

(x) 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.

(xi) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xii) 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.

(xiii) 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.

(xiv) 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.

(xv) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.

(xvi) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xvii) 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 $79,507, the provision with its Alternate II applies.

(D) If the acquisition value is $79,507 or more but is less than $100,000, the provision with its Alternate III applies.

(xviii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at

52.225-5.

(xix) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.

(xx) 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.

(xxi) 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 certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

(i) 52.204-17, Ownership or Control of Offeror.

(ii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

(iii) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment--Certification.

(iv) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain

Services--Certification.

(v) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-

Designated Products (Alternate I only).

(vi) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

(vii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the

NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

(End of provision)

52.204-17 OWNERSHIP OF CONTROL OF OFFEROR (NOV 2014)

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

Commercial and Government Entity (CAGE) code means—

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics

Agency (DLA) Contractor and Government Entity (CAGE) Branch to identify a commercial or government entity, or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support

Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Contractor and

Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as https://www.acquisition.gov/ an NCAGE code.

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

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

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

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

Immediate owner CAGE code:

Immediate owner legal name: ___

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

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

[ ___ ] Yes or [ ___ ] No.

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

Highest-level owner CAGE code:

Highest-level owner legal name:

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

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (JUL 2015)

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

Commercial and Government Entity (CAGE) code means--

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics

Agency (DLA) Contractor and Government Entity (CAGE) Branch to identify a commercial or government entity, or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support

Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Contractor and

Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as an NCAGE code.

(b) Contractors shall ensure that the CAGE code is maintained throughout the life of the contract. For contractors registered in the System for Award Management (SAM), the DLA Contractor and Government Entity (CAGE)

Branch shall only modify data received from SAM in the CAGE master file if the contractor initiates those changes via update of its SAM registration. Contractors undergoing a novation or change-of-name agreement shall notify the contracting officer in accordance with subpart 42.12. The contractor shall communicate any change to the

CAGE code to the contracting officer within 30 days after the change, so that a modification can be issued to update the CAGE code on the contract.

(c) Contractors located in the United States or its outlying areas that are not registered in SAM shall submit written change requests to the DLA Contractor and Government Entity (CAGE) Branch. Requests for changes shall be provided on a DD Form 2051, Request for Assignment of a Commercial and Government Entity (CAGE) Code, to the address shown on the back of the DD Form 2051. Change requests to the CAGE master file are accepted from the entity identified by the code.

(d) Contractors located outside the United States and its outlying areas that are not registered in SAM shall contact the appropriate National Codification Bureau or NSPA to request CAGE changes. Points of contact for National

Codification Bureaus and NSPA, as well as additional information on obtaining NCAGE codes, are available at http://www.dlis.dla.mil/nato/ObtainCAGE.asp (e) Additional guidance for maintaining CAGE codes is available at http://www.dlis.dla.mil/cage_welcome.asp.

(End of Clause)

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC

2014)

The Contractor's representations and certifications, including those completed electronically via the System for

Award Management (SAM), are incorporated by reference into the contract.

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 the date specified in each task order.* 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.

http://www.dlis.dla.mil/nato/ObtainCAGE.asp http://www.dlis.dla.mil/cage_welcome.asp

52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (SEP 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $272.07 for each calendar day of delay until the work is completed or accepted.

Liquidated damages will be assessed in the amount of $272.07 unless a different amount is specified on individual task orders. Liquidated damages for the Seed Project is $272.07.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

52.215-1 INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION (JAN 2004)

“Discussions” are negotiations that occur after establishment of the competitive range that may, at the Contracting

Officer's discretion, result in the offeror being allowed to revise its proposal.

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

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

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

“Time”, if stated as a number of days, is calculated using calendar days, unless otherwise specified, and will include

Saturdays, Sundays, and legal holidays. However, if the last day falls on a Saturday, Sunday, or legal holiday, then the period shall include the next working day.

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

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

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

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

(i) The solicitation number;

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

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

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

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

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

(i) Offerors are responsible for submitting proposals, and any modifications, or revisions, so as to reach the

Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that proposal or revision is due.

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

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

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

(3) It is the only proposal received.

(B) However, a late modification of an otherwise successful proposal that makes its terms more favorable to the

Government, will be considered at any time it is received and may be accepted.

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

(iv) If an emergency or unanticipated event interrupts normal Government processes so that proposals cannot be received at the office designated for receipt of proposals by the exact time specified in the solicitation, and urgent

Government requirements preclude amendment of the solicitation, the time specified for receipt of proposals will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal

Government processes resume.

(v) Proposals may be withdrawn by written notice received at any time before award. Oral proposals in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile proposals, proposals may be withdrawn via facsimile received at any time before award, subject to the conditions specified in the provision at

52.215-5, Facsimile Proposals. Proposals may be withdrawn in person by an offeror or an authorized representative, if the identity of the person requesting withdrawal is established and the person signs a receipt for the proposal before award.

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

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

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

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

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

Contracting Officer.

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

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

(1) Mark the title page with the following legend: This proposal includes data that shall not be disclosed outside the

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

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

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

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

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

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

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

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

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

Government.

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

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

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

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

(i) The agency's evaluation of the significant weak or deficient factors…

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