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Building 240, Replace Waste Water Treatment Plant (WWTP) Headw orks, Naval Support Activity (NSA) Hampton Roads, Northw est Annex (NWA), Chesapeake, Virginia Procurement Method: Invitation for Bid (IFB) Type of Contract: Firm Fixed Price (FFP) Project Value: The estimated price range for this project is betw een $1,000,000 and $5,000,000.
NAICS Code 237110 -- Water and Sew er Line and Related Structures Construction, Small Business Size Standard $36.5m; PSC Z2PD
X
KATHERINE L. DINNEEN 757-341-1982
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".
10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS
NEGOTIATED
03-Dec-2018
(RFP)
(IFB)
CALL:
B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)
See Item 7
2. TYPE OF SOLICITATION
SEALED BID
3. DATE ISSUED
9. FOR INFORMATION A. NAME
SOLICITATION
NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)
Prescribed by GSA
FAR (48 CFR) 53.236-1(e)
11. The Contractor shall begin performance w ithin _______15 calendar days and complete it w ithin ________183 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________FAR 52.211-10
12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?
(If "YES," indicate within how many calendar days after award in Item 12B.)
X YES NO
13. ADDITIONAL SOLICITATION REQUIREMENTS:
A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________03 Jan 2019 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.
shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.
B. An offer guarantee X is, is not required.
C. All offers are subject to the (1) w ork requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.
D. Offers providing less than _______60 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.
SOLICITATION, OFFER,
AND AWARD
(Construction, Alteration, or Repair)
1. SOLICITATION NO.
IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.
4. CONTRACT NO.
7. ISSUED BY CODE
COMMANDING OFFICER
NAVFAC MID-ATLANTIC
9742 MARYLAND AVENUE
NORFOLK VA 23511-3095
N40085
PAGE OF PAGES
1 OF
CODE
(Title, identifying no., date):
12B. CALENDAR DAYS
02:00 PM (hour)
Sealed envelopes containing offers
5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.
8. ADDRESS OFFER TO (If Other Than Item 7)
FAX:TEL: TEL: FAX:
N4008519B6606 45
20B. SIGNATURE
(REV. 4-85)STANDARD FORM 1442 BACK
TO SIGN
NSN 7540-01-155-3212
SOLICITATION, OFFER, AND AWARD (Continued) (Construction, Alteration, or Repair)
CODE FACILITY CODE
17. The offeror agrees to perform the w ork required at the prices specified below in strict accordance w ith the terms of this solicitation, if this offer is accepted by the Government in w riting w ithin ________ calendar days after the date offers are due.
the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)
AMOUNTS SEE SCHEDULE OF PRICES
18. The offeror agrees to furnish any required performance and payment bonds.
19. ACKNOWLEDGMENT OF AMENDMENTS
(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)
AMENDMENT NO.
DATE
20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN
OFFER (Type or print)
AWARD (To be completed by Government)
21. ITEMS ACCEPTED:
22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA
24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM
(4 copies unless otherwise specified)
CODE
(Insert any number equal to or greater than
20C. OFFER DATE
25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO
10 U.S.C. 2304(c) 41 U.S.C. 253(c)
CODE27. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY
(Include ZIP Code)14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NO. (Include area code)
See Item 14
(Include only if different than Item 14)16. REMITTANCE ADDRESS
30B. SIGNATURE
29. AWARD (Contractor is not required to sign this document.)
document and return _______ copies to issuing office.) Contractor agrees Your of f er on this solicitation, is hereby accepted as to the items listed. This award con-to f urnish and deliv er all items or perf orm all work, requisitions identif ied summates the contract, which consists of (a) the Gov ernment solicitation and on this f orm and any continuation sheets f or the consideration stated in this y our of f er, and (b) this contract award. No f urther contractual document is contract. The rights and obligations of the parties to this contract shall be necessary .
gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certif ications, and specif ications or incorporated by ref er-ence in or attached to this contract.
30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)
30C. DATE
(Type or print)
TEL: EMAIL:
31B. UNITED STATES OF AMERICA 31C. AWARD DATE
BY
CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE
(Contractor is required to sign this28. NEGOTIATED AGREEMENT
(M ust be fully completed by offeror)OFFER
N4008519B6606
Section 00010 - Solicitation Contract Form
GENERAL REQUIREMENTS
TABLE OF CONTENTS
1. GENERAL
1.1 GENERAL OVERVIEW OF PROCUREMENT PROCESS
1.2 GENERAL OVERVIEW OF CONTRACT
2. PROPOSAL REQUIREMENTS
2.1 BID SUBMISSION INSTRUCTIONS
2.2 PRE-PROPOSAL INQUIRIES (PPIs)
2.3 NAVY ELECTRONIC COMMERCE ONLINE (NECO)
3. BID EVALUATION
3.1 PUBLIC OPENING
3.2 EVALUATION OF BIDS
4. ATTACHMENTS: Will be located on NECO
4.1 ATTACHMENT A 1582924_SPECS
4.2 ATTACHMENT B 1582924_DWGS
4.3 ATTACHMENT C Supplementary Instructions to Offerors
4.4 ATTACHMENT D SECNAV 5512/1 (Uploaded under Additional Documents)
4.5 ATTACHMENT E PRE-PROPSAL INQUIRY FORM (Uploaded under Additional Documents)
1. GENERAL
1.1 GENERAL OVERVIEW OF PROCUREMENT PROCESS
1.1.1 This solicitation is being issued as a Small Business Set-Aside.
1.1.2 This acquisition will be advertised utilizing FAR Part 14 – Sealed Bidding resulting in a Firm Fixed Price (FFP) contract for construction services.
1.1.3 The NAICS code for this procurement is 237110 -- Water and Sewer Line and Related Structures Construction, Small Business Size Standard $36.5m.
1.2 GENERAL OVERVIEW OF CONTRACT
1.2.1 PROJECT TITLE: Building 240, Replace Waste Water Treatment Plant (WWTP)
Headworks, Naval Support Activity (NSA) Hampton Roads, Northwest Annex (NWA), Chesapeake, Virginia
1.2.2 DESCRIPTION OF ACQUISITION: This is a Design-Bid-Build project. The Project is located at the existing Wastewater Treatment Plant (WWTP) Building 240 at Naval Support Activity (NSA) Hampton Roads, Northwest Annex (NWA), Chesapeake, Virginia. The repairs will address the existing headwork deficiencies and will replace the currently out-of-service grit chamber with a new structure. The plant operational capacity is permitted for 0.75 MGD. Several deficiencies of the existing headwork must be addressed. The repairs will include the construction of a new bar screen and grit chamber facility and the re-piping of the force mains entering the plant headworks to provide better operation control of the incoming flows to the new bar screen.
1.2.3 ESTIMATED BUDGET AMOUNT OR PRICE RANGE: In accordance with FAR
36.204 Disclosure of the Magnitude of Construction Projects, the estimated price range for this project is between $1,000,000 and $5,000,000.
1.2.4 NAICS CODE: 237110 -- Water and Sewer Line and Related Structures Construction, Small Business Size Standard $36.5m
1.2.5 WAGE DETERMINATION (CONSTRUCTION): Department of Labor (DoL) General Decision Number VA180041 09/28/2018 VA41 applies to this work. Should this wage determination be modified by DoL prior to award, the most current wage determination will be incorporated at the time of award. Refer to Section 00700 - Contract Clauses, and Section 00800 – Special Contract Requirements.
1.2.6 SITE VISIT:
1.2.6.1 Refer to Section 00100 – Bidding Schedule/Instructions to Bidders, FAR 52.236- 27 Alt I -- Site Visit (Construction).
1.2.6.2 Offerors who would like to attend the site visit and who do not currently have a valid badge issued by the Department of Defense (DoD) to enter Naval Station Norfolk must do the following:
Complete SECNAV 5512/1, Department of the Navy Local Population ID Card/Base Access Pass Registration NO LESS THAN 5 BUSINESS DAYS prior to the site visit date. The PDF document is uploaded under Additional Documents in NECO as Attachment D. The request form shall be completed in its ENTIRETY and sent directly to Kate Dinneen at katherine.dinneen@navy.mil.
Note that Item 25. BASE SPONSOR’S NAME and TELEPHONE NUMBER should include the following: KATHERINE DINNEEN (757- 341-1982). Also include the name of the installation for which you are requesting access at the top of the document.
Present the following information at the pass office: Valid Driver’s License, Current Vehicle Registration and/or Rental Car Contract, Current State Safety Inspection, Current Proof of Insurance.
NSA Hampton Roads, Northwest Annex Pass & ID Office is located in Building 389, 237 Relay Road, Chesapeake, Virginia 23322. All potential Offerors must adhere to this notice in order to avoid delay in submitting your proposal. The level of security at the NSA Hampton Roads, Northwest Annex may change at any time. As the level of security heightens, the amount of time required to gain access to the Annex also increases. Early arrival is advised. Submission of a pass request form is no guarantee you will be able to get on the base. Government personnel may not be able to sponsor you on base to deliver your proposal. The submitted pass request only allows access on the site visit date. If the site visit date is changed, the Government will revise the date on the pass request. Submission of a new pass request form is not necessary. If any other information listed on a submitted pass request form changes, a new pass request form with the updated information must be submitted.
1.2.7 CONTRACTOR PERFORMANCE INFORMATION: Contractor’s performance will be evaluated using the respective contractor performance evaluation report entry system located on the website http://www.cpars.gov/. Prior to commencement of work the contractor is required to provide the government with the name, phone number and e-mail address of the “Contractor’s Representative” that will be responsible for receipt and review of draft performance evaluations prepared by the Government in the appropriate system. It is the contractor’s responsibility to keep this contact information current.
1.2.8 BID GUARANTEE: A bid guarantee is required; Refer to Section 00100 - Bidding Schedule/Instructions to Bidders, FAR 52.228-1 -- Bid Guarantee.
1.2.9 MINIMUM INSURANCE REQUIREMENTS: The contractor shall procure and maintain during the entire period of performance under this contract the following minimum insurance coverage:
a) Comprehensive General Liability: $500,000 per occurrence.
b) Automobile Liability: $200,000 per person, $500,000 per occurrence, $20,000 per occurrence for property damage.
c) Workmen’s Compensation: As required by Federal and State workers’ compensation and occupational disease laws.
d) Employer’s Liability Coverage: $100,000 except in states where worker’s compensation may not be written by private carriers.
e) Others as required by the applicable state:
e.1 Prior to commencement of work, the contractor shall furnish to the Contracting Officer a certificate or written statement of the above required insurance. The policies evidencing required insurance shall contain an endorsement to the effect that cancellation or any material change in the policies adversely affecting the interests of the Government in such insurance shall not be effective for such period as may be prescribed by laws of the state in which this contract is to be performed, and in no event less than thirty (30) days after written notice thereof to the Contracting Officer.
The Contractor agrees to insert the substance of this clause, including this paragraph (1), in all subcontracts hereunder.
e.2 CANCELLATION LANGUAGE: The cancellation language must state, "Any cancellation or any change in the limits of liability shall not be effective (1) for such period as the laws of the state in which this contract is to be performed prescribe or
(2) until 30 days after the insurer gives written notice to the Contracting Officer, whichever period is longer.” Wording such as "will endeavor to mail notice" or “failure to mail such notice shall impose no obligation or liability" does not comply with the contract requirements and therefore are not acceptable.
2. BID REQUIREMENTS
2.1 BID SUBMISSION INSTRUCTIONS: In response to this invitation for bid, the complete b i d shall include the following and be submitted in accordance with the Basis of Evaluation and Submittal Requirements as follows:
2.1.1 The complete bid package shall include the following:
• Cover page containing Solicitation Number and Title; Prime Contractor Name, Address, Phone Number, Fax Number, DUNS, and Cage Code; Point of Contact Name, Phone Number, and Email Address.
• Standard Form 1442 - Solicitation, Offer and Award (front and back)
• Acknowledgement of any amendments issued
• Section 00010 – Solicitation Contract Form
• Supplementary Instructions to Offerors (Attachment C)
• Standard Form 24 – Bid Bond
• Signed Certification – Annual Representations and Certifications Certification (See
FAR clauses 52.204-8 included in this solicitation).
2.1.2 Bidders shall submit TWO DOCUMENTS for pricing:
• A lump sum price for Section 00010 – Solicitation Contract Form, CLIN 0001 (Base
Bid)
• DOCUMENT 00 22 13.00 20 - SUPPLEMENTARY INSTRUCTIONS TO
OFFERORS (ATTACHMENT C)
2.1.3 The Offeror’s bid must include all data and information required and must be submitted in accordance with these instructions. The Offeror shall be compliant with the requirements as stated herein, for non-conformance may result in rejection of individual bids.
2.1.4 DELIVERY OF BID:
BIDS MUST BE RECEIVED NO LATER THAN THE DATE AND TIME SPECIFIED
IN BLOCK 13A OF THE SF1442. Packages containing bids must be sealed. Offerors shall affix their names and return addresses in the upper left corner of the bid package.
The outermost wrapper of all bid packages should clearly identify the solicitation number and the date and time of required bid submission.
All proposals shall be mailed or hand carried to the following address:
Naval Facilities Engineering Command, Mid-Atlantic
Public Works Department Norfolk Facilities Engineering and Acquisition Division 9742 Maryland Ave Building A-81, 2nd Floor Norfolk, VA 23511-2609 Attn: Kate Dinneen, Contract Specialist
THE TIMESTAMP IS THE OFFICIAL BID CLOCK. Upon delivery, Offerors are responsible for ensuring that bids are promptly timestamped at the front desk and deposited into the bid box at the above address. The bid box is located in Building A-81, Second Floor, behind the front desk and is clearly marked “Bid/Proposal Box”. Access to the “Bid/Proposal Box” is only on working days between the hours of 7:30 AM and 4:00 PM Eastern Standard Time. The term “working days” excludes weekends and Federal holidays.
Hand-carried bids must be deposited into the bid box by a representative of the Offeror.
The Government will not deposit hand-carried bids in the bid box. Bids not received by the time and date specified shall be treated in accordance with FAR 52.214-7 “Late
Submissions, Modifications, and Withdrawals of Bids”.
2.1.5 COMMERCIAL CARRIER (e.g., Federal Express, United Parcel Service, Purolator Courier, etc.). Bids tendered by a commercial carrier are considered hand-carried bids.
Offerors are responsible for ensuring that the bids are timestamped and deposited directly in the bid box, by whomever delivers the bid on the Offeror's behalf, PRIOR to the bid opening time. The Government will not deposit hand-carried bids in the bid box nor acknowledge receipt of such from commercial carriers or the Offeror itself. An Offeror’s failure to timely deposit its hand-carried bid in the bid box shall render the bid late and WILL NOT BE ACCEPTED. If commercial carriers are used, the Offeror is responsible for ensuring carrier personnel are given correct bid deposit instructions.
2.1.6 HAND CARRIED BIDS: Offerors who would like to hand deliver their proposal and who do not currently have a valid badge issued by the Department of Defense (DoD) to enter Naval Station Norfolk must do the following:
• Complete SECNAV 5512/1, Department of the Navy Local Population ID
Card/Base Access Pass Registration NO LESS THAN (8) BUSINESS DAYS prior to the proposal due date. The PDF document is uploaded under Additional Documents in NECO as Attachment D. The request form shall be completed in its ENTIRETY and sent directly to Kate Dinneen at katherine.dinneen@navy.mil.
Note that Item 25. BASE SPONSOR’S NAME and TELEPHONE
NUMBER should include the following: KATHERINE DINNEEN (757- 341-1982). Also include the name of the installation for which you are requesting access at the top of the document.
• Present the following information at the pass office: Valid Driver’s License, Current
Vehicle Registration and/or Rental Car Contract, Current State Safety Inspection, Current Proof of Insurance.
Naval Station Norfolk Pass & ID Office is located on Hampton Boulevard across from Gate 5. All potential Offerors must adhere to this notice in order to avoid delay in submitting your proposal. The level of security at the Naval Station Norfolk may change at any time. As the level of security heightens, the amount of time required to gain access to the Naval Station also increases.
Early arrival is advised. Submission of a pass request form is no guarantee you will be able to get on the base. If for any reason you get to the gate and are not allowed onto the base (even if you have submitted a request form), you will need to find another way to get your proposal delivered. Government personnel may not be able to sponsor you on base to deliver your proposal.
Ultimately, it is the contractor's responsibility to ensure timely proposal submission to the specified location. Due to heightened security, it is recommended that you allow sufficient time to get into the building and turn in your proposal. The submitted pass request only allows access on the proposal due date. If the proposal due date is extended, the Government will revise the date on the pass request. Submission of a new pass request form is not necessary. If any other information listed on a submitted pass request form changes, a new pass request form with the updated information must be submitted.
2.2 PRE-PROPOSAL INQUIRIES (PPIs): All inquiries must be submitted in writing and received by the Contract Specialist fourteen (14) calendar days prior to the solicitation closing date in order to permit adequate time to reply to the inquiry. There is no guarantee that PPI’s submitted after the cut-off date will be answered before the solicitation closes. Submit all questions to katherine.dinneen@navy.mil. Use of the PPI Form template is required. The PPI Form (Attachment E) can be found on the NECO website under the Additional Documents section.
2.3 NAVY ELECTRONIC COMMERCE ONLINE (NECO): Amendments will be posted directly to NECO/FedBizOpps. The drawings and specifications will be posted on NECO under the Additional Documents section of this RFP. Additionally, other postings will be made to NECO, such as the pre- proposal inquires (PPI) log, revised drawings, etc., under the Additional Documents section of the RFP. Postings to the Additional Documents section of NECO DO NOT generate an automated email to contractors. It is recommended contractors check the NECO Additional Documents section of the RFP periodically to see if additional postings have been made. It is the contractor’s responsibility to check NECO for all postings.
3. BID EVALUATION
3.1 PUBLIC OPENING: Bids will be publicly opened at the date and time set specified in Block
13A of the SF1442. Their content will be made public for the information of Offerors and others interested, who may be present either in person or by representatives.
3.2 EVALUATION OF BIDS: For purposes of evaluating bids for award, the Government will evaluate the lump sum price of CLIN 0001. The lowest price will be considered for final award if all other conditions of the Invitation for Bid have been satisfied and the bidder is deemed responsible based on results of a pre-award survey.
3.3 CONTRACT LINE ITEMS AND CONTRACT SUBLINE ITEMS
3.3.1 Offerors shall enter the lump sum pricing for Contract Line Item Number (CLIN) 0001 as indicated in the schedule.
4. ATTACHMENTS: Will be located on NECO
4.1 ATTACHMENT A 1582924_SPECS
4.2 ATTACHMENT B 1582924_DWGS
4.3 ATTACHMENT C Supplementary Instructions to Offerors
4.4 ATTACHMENT D SECNAV 5512/1 (Uploaded under Additional Documents)
4.5 ATTACHMENT E PRE-PROPSAL INQUIRY FORM (Uploaded under Additional Documents)
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
BLDG. 240 WWTP REPLACE HEADWORKS, NWA
FFP
Price for the entire work for replacement of the existing grit chamber and bar screen at the Wastewater Treatment Plant at NSA Hampton Roads, Northwest Annex, in accordance with the drawings and specifications.
FOB: Destination
NET AMT
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 N/A N/A N/A Government
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 N/A N/A N/A N/A
Section 00100 - Bidding Schedule/Instructions to Bidders
CLAUSES INCORPORATED BY REFERENCE
52.204-7 System for Award Management OCT 2018 52.204-22 Alternative Line Item Proposal JAN 2017 52.207-1 Notice Of Standard Competition MAY 2006 52.214-3 Amendments To Invitations For Bids DEC 2016 52.214-4 False Statements In Bids APR 1984 52.214-5 Submission Of Bids DEC 2016 52.214-6 Explanation To Prospective Bidders APR 1984 52.214-7 Late Submissions, Modifications, and Withdrawals of Bids NOV 1999 52.214-18 Preparation of Bids-Construction APR 1984 52.214-19 Contract Award-Sealed Bidding-Construction AUG 1996 52.214-34 Submission Of Offers In The English Language APR 1991 52.214-35 Submission Of Offers In U.S. Currency APR 1991 252.215-7013 Supplies and Services Provided by Nontraditional Defense
Contractors.
JAN 2018
CLAUSES INCORPORATED BY FULL TEXT
52.211-14 NOTICE OF PRIORITY RATING FOR NATIONAL DEFENSE, EMERGENCY PREPAREDNESS, AND ENERGY PROGRAM USE (APR 2008)
Any contract awarded as a result of this solicitation will be DX rated order; X DO rated order certified for national defense, emergency preparedness, and energy program use under the Defense Priorities and Allocations System (DPAS) (15 CFR 700), and the Contractor will be required to follow all of the requirements of this regulation.
(End of provision)
52.216-1 TYPE OF CONTRACT (APR 1984)
The Government contemplates award of a FIRM FIXED PRICE contract resulting from this solicitation.
52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL
EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)
(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.
(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:
Goals for minority participation for each trade
Goals for female participation for each trade
26.6% 6.9%
These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.
(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction,'' and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.
(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the --
(1) Name, address, and telephone number of the subcontractor;
(2) Employer's identification number of the subcontractor;
(3) Estimated dollar amount of the subcontract;
(4) Estimated starting and completion dates of the subcontract; and
(5) Geographical area in which the subcontract is to be performed.
(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is Chesapeake, Virginia.
52.228-1 BID GUARANTEE (SEP 1996)
(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.
(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States.
The Contracting Officer will return bid guarantees, other than bid bonds, (1) to unsuccessful bidders as soon as practicable after the opening of bids, and (2) to the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.-
(c) The amount of the bid guarantee shall be 20 percent of the bid price or $3,000,000.00, whichever is less.-
(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.-
(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.
52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) – ALTERNATE I (FEB 1995)
(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.
(b) An organized site visit has been scheduled for—
Wednesday, 12 December 2018 @ 1000
(c) Participants will meet at—
Building 8 Parking Lot, 1321 Northwest Boulevard, Chesapeake, VA 23322
52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)
(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of"(DEVIATION)" after the date of the provision.
(b) The use in this solicitation of any Defense Federal Acquisition Regulation Supplement (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
Section 00600 - Representations & Certifications
BONDS
Payment and Performance bonds are required; Refer to Section 00700 - Bidding Schedule/Instruction to Bidders, 52.228-15 Performance and Payment Bonds-Construction.:
NOTICE OF BONDING REQUIREMENTS
Within (10) days after receipt of award, the bidder/offeror to whom the award is made shall furnish the bonds required by FAR Clause 52.228-15.
Bidders/offerors are hereby notified that the contract time for purposes of fixing the completion date, default, and liquidated damages will be as stated in FAR Clause 52.211-10 Commencement, Prosecution, and Completion of
Work, regardless of when performance and payment bonds or deposits in lieu of surety are executed.
(End of NAVFAC language)
52.203-11 Certification And Disclosure Regarding Payments To
Influence Certain Federal Transactions
SEP 2007
52.204-17 Ownership or Control of Offeror JUL 2016 52.209-2 Prohibition on Contracting with Inverted Domestic
Corporations--Representation
NOV 2015
52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law
FEB 2016
52.222-38 Compliance With Veterans' Employment Reporting Requirements
FEB 2016
252.203-7005 Representation Relating to Compensation of Former DoD Officials
NOV 2011
252.203-7005 Representation Relating to Compensation of Former DoD Officials
NOV 2011
252.204-7007 Alternate A, Annual Representations and Certifications JAN 2015
52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (OCT 2018)
(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 237110.
(2) The small business size standard is $36,500,000.
(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.
(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.
(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:
( ) Paragraph (d) applies.
( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.
(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:
(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—
(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;
(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or
(C) The solicitation is for utility services for which rates are set by law or regulation.
(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.
(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation. This provision applies to all solicitations.
(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.
(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—
(A) Are not set aside for small business concerns;
(B) Exceed the simplified acquisition threshold; and
(C) Are for contracts that will be performed in the United States or its outlying areas.
(vi) 52.209-2; Prohibition on Contracting with Inverted Domestic Corporations--Representation.
(vii) 52.209-5; Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.
(viii) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.
(ix) 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.
(x) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.
(xi) 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.
(xii) 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.
(xiii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.
(xiv) 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.
(xv) 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.
(xvi) 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.
(xvii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.
(xviii) 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.)
(xix) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.
(xx) 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 $80,317, the provision with its Alternate II applies.
(D) If the acquisition value is $80,317 or more but is less than $100,000, the provision with its Alternate III applies.
(xxi) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225- 5.
(xxii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.
(xxiii) 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.
(xxiv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.
(2) The following representations or certifications are applicable as indicated by the Contracting Officer:
[Contracting Officer check as appropriate.]
(i) 52.204-17, Ownership or Control of Offeror.
(ii) 52.204-20, Predecessor of Offeror.
(iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.
(iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.
(v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.
(vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA- Designated Products (Alternate I only).
(vii) 52.227-6, Royalty Information.
(A) Basic.
(B) Alternate I.
(viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.
(d) The Offeror has completed the annual representations and certifications electronically in SAM accessed through https://www.sam.gov. After reviewing the SAM information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [ offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
FAR Clause Title Date Change
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.
52.204-20 Predecessor of Offeror (JUL 2016)
(a) Definitions. As used in this provision--
Commercial and Government Entity (CAGE) code means--
(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity;
or
(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.
Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.
Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.
(b) The Offeror represents that it [____] is or [____] is not a successor to a predecessor that held a Federal contract or grant within the last three years.
(c) If the Offeror has indicated “is” in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):
Predecessor CAGE code: ____ (or mark “Unknown”).
Predecessor legal name: ____.
(Do not use a “doing business as” name).
52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015)
(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-
(i) The Offeror and/or any of its Principals-
(A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;
(B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and
(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.;
and
(D) Have , have not , within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.
(1) Federal taxes are considered delinquent if both of the following criteria apply:
(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.
(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.
(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.
(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.
(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.
(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).
(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.
(2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager;
head of a division or business segment; and similar positions).
(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.
(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.
52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)
Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.
Federal contracts and grants with total value greater than $10,000,000 means--
(1) The total value of all current, active contracts and grants, including all priced options; and
(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).
Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).
(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than $10,000,000.
(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:
(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:
(i) In a criminal proceeding, a conviction.
(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.
(iii) In an administrative proceeding, a finding of fault and liability that results in--
(A) The payment of a monetary fine or penalty of $5,000 or more; or
(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.
(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.
(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.
(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).
52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (OCT 2014)
Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127.
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