N4008520B2528 I Building 1285 NEX Gas Station UST Replacement Solicitation.pdf
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ACQR#: 5767716 Project Title: Building 1285 Replace Underground Storage Tank Location: Building 1285 Naval Station New port, New port, Rhode Island See Section 01 11 00, Summary of Work for Project Description.
This project is a 100% set-aside for small business concerns.
NAICS Code: 238990 - All Other Specialty Trade Contractors SBA Size Standard: $16.5 Million PSC Code: Z2GC - Repair Or Alteration Of Fuel Storage Buildings Project Magnitude: Betw een $25,000 and $100,000 Contract Completion Date: Ninety (90) calendar days from Notice to Proceed (NTP) NOTE: Offerors must execute blocks 14 through 20c on reverse. See "Instructions to Offerors".
X
CAMERON H. ORMISTON 401-841-1564
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
08-Apr-2020
(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 _______10 calendar days and complete it w ithin ________90 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 ______________21 May 2020 (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 _______120 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
NAVFAC MID ATLANTIC
PWD NEWPORT
BLDG 1 SIMONPIETRI DRIVE
NAVAL STATION NEWPORT
NEWPORT RI 02841-1712
N40085
PAGE OF PAGES
1 OF
CODE
(Title, identifying no., date):
12B. CALENDAR DAYS
10:00 AM (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:
N4008520B2528 57
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
N4008520B2528
Section 00 01 10 - Table of Contents
Exhibit/Attachment Table of Contents
DOCUMENT TYPE DESCRIPTION PAGES DATE
Attachment 1 Building 1285 Fuel Tank
Locations
Section 00 10 00 - Solicitation
STATEMENT OF WORK
Building # 1285 Navy Exchange Service Station Remove Underground Storage Tank
Install New Aboveground Storage Tank At the
Naval Station, Newport, RI
1. Points of Contact Contracting Officer and Contracting Officer Representative (COR)
2. General Description
2.1 The Contractor shall provide supervision, labor, material, and equipment required to perform all work for the following project: Remove the existing underground storage tank and install a new aboveground storage tank.
All work shall be done in a manner to provide a complete, usable and finished end product. See section “15. Work Requirements” for an expanded and detailed scope of work.
2.2 All work shall be performed in accordance with, but not limited to, the standards referenced herein, state and federal codes, laws and regulations, and the Unified Facilities Criteria.
3. Location The work shall be performed at Building 1285 Navy Exchange Service Station
4. Time for Completion The project Contraction Completion Date (CCD) shall be (90) calendar days from award.
5. Examination of the Premises Site visits by quotas are encouraged and can be arranged by contacting the COR.
6. Inspection and Approval All material and workmanship shall be subject to the inspection and approval of the COR.
7. Special Scheduling Requirements/Work Procedures
7.1 Service shall be performed during standard business hours or at the discretion of the facilities director.
7.2 Existing and adjacent spaces to remain in operation during construction shall be protected from damage, dust, and debris at all times. Damage to any existing spaces, finishes, items, furniture and equipment, as a result of the contractor’s operations, shall be replaced in-kind by the Contractor at no expense to the Government.
7.3 Construction work areas shall have complete and secure separation from adjacent occupied areas.
7.4 The Contractor must perform positive identification and locating of existing utilities prior to any concrete chipping, saw cutting, core drilling, or digging of any kind.
8. Passes and Badges
8.1 All Contractor employees shall obtain the required employee and vehicle passes.
9. Safety
9.1 All work shall be conducted in a safe manner and shall comply with all requirements of the U.S. Army Corps of Engineers Safety and Health Requirements Manual EM-385-1-1.
9.2 The Contractor shall submit the Accident Prevention Plan and Activity Hazard Analysis plan for approval by the COR. Submit within (7) days from issuance of this Purchase Order, and obtain approval prior to start of any construction activities.
10.Hazardous Materials Disclosure Statements
10.1 Hazardous material must be identified and Material Safety Data must be included for all hazardous material in accordance with EM-385-1-106.B.03e.
10.2 If the contracted work involves the use of hazardous material the contracting officer must receive both a hazardous material inventory report and a daily report including an identification and quantity of the hazardous material used or removed.
10.3 Paint Containing Lead, Cadmium and Chromium (For projects that require disturbance or removal): Work which requires the disturbance or removal of paint that has been determined to contain all or any of the following:
lead, cadmium and chromium, shall be performed in accordance with 29 CFR 1926.62, 29 CFR 1926.1126 and 29
CFR 1926.1127.
a. Other Hazardous Materials (For projects that require disturbance or removal): Work which requires the disturbance or removal of any of the following: mercury and LLR Components, and PCB’s, shall be performed in accordance with 29 CFR 1910.1000, 10 CFR 20, 40 CFR 273, and 40 CFR 761.
b. Contractor shall provide clean certified soil where fill is required, including top soil. Areas to be filled, even though small for this project, shall be cleared, grubbed, and stripped of top soil to remove vegetation, roots, and any other objectionable material. All areas that are disturbed must be capped in accordance with the NAVSTA soil management plan.
11.Submittals The Contractor shall submit (manufacturers’ product data, shop drawings, testing data, manufacturer warranties, work schedule, equipment checklist, and any additional to suit project) documents required for government approval, prior to the start of any construction activities.
12. Competent Person (CP) Submit name, address, and telephone number of the CP selected to perform responsibilities specified in paragraph COMPETENT PERSON (CP) RESPONSIBILITIES. Provide documented construction project-related experience for the specified work. (e.g., confined space entry, scaffolding, fall protection or any other activities as specified by OSHA/this manual) shall be identified and included in the AHA, as well as proof of their competency/qualification.
Submit proper documentation that the CP is trained and certified in accordance with federal, State and local laws.
13. Competent Person (CP) Responsibilities
a. Verify training meets all federal, State, and local requirements.
b. Ensure work is performed in strict accordance with specifications at all times.
c. Control work to prevent hazardous exposure to human beings and to the environment at all times.
d. Certify the conditions of the work as called for elsewhere in this specification.
e. The above responsibilities are required but not limited to the work specified in this document. all requirements shall comply with the U.S. Army Corps of Engineers Safety and Health Requirements Manual EM-385-1-1.
14. Contractor Presence An employee of the prime contractor who has full authority to make decisions and obligate the prime contractor shall be physically present at any requested key meetings and site visits. Examples of these key meetings include but are not limited to pre-construction meetings, progress meetings, and inspections at the job site. Sending a subcontractor to represent prime contractor at related meetings is not authorized.
15.Work Requirements.
Provide equipment, labor, materials, work scheduling, on-site supervision and incidental engineering to remove and dispose of one 2500-gallon underground fuel oil storage tank and associated pipe and controls. Install a new above ground 2000-gallon double wall fuel oil tank.
15.1 For tank removal the contractor shall apply for a permanent closure application and follow all guide lines for rule 13.00 closure according to the State of Rhode Island DEM. The closure assessment shall be conducted by and a closure assessment report prepared by an environmental consultant, in accordance with DEM’S UST closure assessment guidelines. Final documentation, permits, and closure assessment to be delivered to the environmental department for closure.
15.2 The new 2000 – gallon capacity rectangle in shape, steel double wall above ground storage tank shall be placed on a 6-inch concrete pad. The following equipment shall be installed on the tank, Level Indicator, Overfill Level Alarm, Interstitial Alarm, Low Level Alarm and a 5 – gallon spill container. All new outdoor fuel oil piping shall be double wall. See attached drawing for location of new fuel tank.
Note: The contractor will be responsible for any fees associated with permits and or disposal of hazardous waste.
Contractor shall provide a Soil Erosion & Sediment Control Plan for approval to the Government. Work shall not start until RICRMC/RI Coastal Zone Resource Management Council concurrence is obtained
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 Each Building 1285 Replace UST
FFP
FFP
The Contractor shall supply all labor, materials, qualified supervision, equipment, materials, and transportation to replace the underground storage tank as rquired by the Statement of Work and Specifications.
FOB: Destination
NET AMT
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 90 dys. ADC NAVFAC MID ATLANTIC
JEFFREY LIN
ONE SIMONPIETRI DRIVE, BLDG 1
NEWPORT RI 02841
401-841-3149
N44211
SUPPLEMENTAL INSTRUCTIONS
INSTRUCTIONS TO OFFERORS
1. BIDS
The closing date and time for receipt of bids is 21 May 2020, 10:00AM EST.
Due to the COVID-19 Pandemic, all bids will be submitted electronically to the following points of contact:
Cam Ormiston, Contract Specialist – cameron.ormiston@navy.mil
Faxed or Hand mailed Proposal will not be accepted. No exceptions.
THE FOLLOWING DOCUMENTS SHALL BE SUBMITTED WITH THE BID:
o A completed Standard Form 1442, Solicitation, Offer and Award to include all required fill-in blocks 14 through 20C. A signature of an authorized company representative who is authorized to legally bind the company.
o Acknowledgements of Amendments issued.
o Completed Section 00 10 00 - Solicitation - Price for the Base Bid (CLIN 0001) o A complete proposal, to include an itemized breakdown of cost with supporting documentation. See
EVALUATION OF OFFER(s) o Bid Bond compliant with the requirements of FAR clause 52.228-1, Bid Guarantee.
o ***Offerors are required to send Bid Bond BOTH electronically (with bid) AND via mail to the following address:
NAVFAC MIDLANT – PWD/FEAD
ATTN: Cam Ormiston Naval Station Newport Bldg. 1 Simonpietri Drive Newport, RI 02841-1712 o Bidders are required to be registered and active in System Award Management (SAM) at the time a bid is submitted, in order to comply with the annual representations and certifications.
o Completed representations and certifications in accordance with the solicitation clauses/provisions
FAILURE TO SUBMIT ANY OF THE ABOVE INFORMATION MAY RESULT IN THE
BIDDER BEING REJECTED AS NONRESPONSIVE PER FAR 14.301(a).
THE BID OPENING will be held on 21 May 2020, 10:00AM EST
Due to the COVID-19 Pandemic, the Bid Opening will be conducted via Teleconference.
Offerors may call in to the teleconference number listed below.
Teleconference #: (301) 909-7351 Passcode: 62894926
2. EVALUATION OF OFFER(s)
Offeror shall submit a total price for Section 00 10 00, CLIN 0001 as well as an separate itemized breakdown of proposal cost. Proposal should include a breakdown in sufficient detail to permit a comprehensive review and evaluation of all labor, material, and equipment costs, as well as include supporting documentation for subcontractor costs for tasks not self-performed.
The Government will evaluate the offer for the purpose to determine a fair and reasonable price.
The basis for Award will be Lowest Price Technically Acceptable
3. TYPE OF CONTRACT
This is a Firm-Fixed Price construction type contract. Refer to Section 00 70 00 – Conditions of the Contract, 52.216-1 Type of Contract (Apr 1984).
4. SITE VISIT(S)
52.236-27 Site Visit (Construction)(FEB 1995)
52.236-27 Site Visit, Alt I (Construction)(FEB 1995)
Due to the COVID-19 Pandemic, there will be no organized site visit conducted. For additional pictures please contact the below listed point of contact.
Cam Ormiston, Contract Specialist – Cameron.ormiston@Navy.mil
5. POINT OF CONTACT
ALL QUESTIONS CONCERNING THIS SOLICITATION SHALL BE ADDRESSED TO:
Cam Ormiston Contract Specialist Cameron.ormiston@navy.mil
6. REQUEST FOR INFORMATION (RFIs) / PRE-PROPOSAL INQUIRIES (PPIs)
ALL REQUESTS FOR INFORMATION (RFI) SHALL BE SUBMITTED NO LATER THAN
1 May 2020. RFIs submitted after the cut-off date may not receive a response.
All question(s) should be submitted on via E-mail to the POCs listed above, to include the subject line formatted as follows:
“Pre-Bid Proposal Inquiry Solicitation N4008520B2528”
7. CHANGES TO SOLICITATION
All changes will be issue via Amendment and posted to the Contract Opportunities website at https://beta.sam.gov/ It is the contractor’s responsibility to monitor for any changes or updates.
8. BONDING REQUIREMENTS
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, 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.
(End of clause)
52.228-15 Performance and Payment Bonds-Construction (OCT 2010)
(a) Definitions. As used in this clause-
Original contract price means the award price of the contract; or, for requirements contracts, the price payable for the estimated total quantity; or, for indefinite-quantity contracts, the price payable for the specified minimum quantity. Original contract price does not include the price of any options, except those options exercised at the time of contract award.
(b) Amount of required bonds. Unless the resulting contract price is $150,000 or less, the successful offeror shall furnish performance and payment bonds to the Contracting Officer as follows:
(1) Performance bonds (Standard Form 25). The penal amount of performance bonds at the time of contract award shall be 100 percent of the original contract price.
(2) Payment Bonds (Standard Form 25A). The penal amount of payment bonds at the time of contract award shall be 100 percent of the original contract price.
(3) Additional bond protection.
(i) The Government may require additional performance and payment bond protection if the contract price is increased. The increase in protection generally will equal 100 percent of the increase in contract price.
(ii) The Government may secure the additional protection by directing the Contractor to increase the penal amount of the existing bond or to obtain an additional bond.
(c) Furnishing executed bonds. The Contractor shall furnish all executed bonds, including any necessary reinsurance agreements, to the Contracting Officer, within the time period specified in the Bid Guarantee provision of the solicitation, or otherwise specified by the Contracting Officer, but in any event, before starting work.
(d) Surety or other security for bonds. The bonds shall be in the form of firm commitment, supported by corporate sureties whose names appear on the list contained in Treasury Department Circular 570, individual sureties, or by other acceptable security such as postal money order, certified check, cashier's check, irrevocable letter of credit, or, in accordance with Treasury Department regulations, certain bonds or notes of the United States.
Treasury Circular 570 is published in the Federal Register or may be obtained from the:
U.S. Department of the Treasury, Financial Management, Service Surety Bond Branch, 3700 East West Highway, Room 6 F01, Hyattsville, MD 20782.
Or via the internet at http://www.fms.treas.gov/c570/.
(e) Notice of subcontractor waiver of protection (40 U.S.C. 3133(c)). Any waiver of the right to sue on the payment bond is void unless it is in writing, signed by the person whose right is waived, and executed after such person has first furnished labor or material for use in the performance of the contract.
(End of clause)
9. MINIMUM INSURANCE REQUIREMENTS
52.228-5 Insurance-Work on a Government Installation.
(a) The Contractor shall, at its own expense, provide and maintain during the entire performance of this contract, at least the kinds and minimum amounts of insurance required in the Schedule or elsewhere in the contract.
(b) Before commencing work under this contract, the Contractor shall notify the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government’s interest 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 or the Contractor gives written notice to the Contracting Officer, whichever period is longer.
(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract. The Contractor shall maintain a copy of all subcontractors’ proofs of required insurance, and shall make copies available to the Contracting Officer upon request.
(End of clause)
If awarded the contract, the Contractor shall procure and maintain during the entire period of performance under this contract the following minimum insurance coverage as outlined by FAR 28.306 Insurance under fixed-price contracts.:
1. Applicable Federal and State Workers’ Compensation and occupational disease statues.
2. Employer’s Liability Coverage: $100,000 except in states with exclusive or monopolistic funds that do not permit workers’ compensation to be written by private carriers.
3. Comprehensive General Liability: $500,000 per occurrence.
4. Automobile Liability: $200,000 per person, $500,000 per occurrence, $20,000 per occurrence for property damage.
5. Others as required by Rhode Island State law.
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.” Statements such as "will endeavor to mail notice" or “failure to mail such notice shall impose no obligation or liability" do not comply with the contract requirements and therefore are not acceptable.
10. LIQUIDATED DAMAGES
52.211-12 Liquidated Damages-Construction (Sept 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 $37.37 for each calendar day of delay until the work is completed or accepted.
(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.
(End of clause)
11. BUY AMERICAN REQUIREMENTS
52.225-9 Buy American-Construction Materials (MAY 2014) 52.225-10 Notice of Buy American Requirement-Construction Materials. (MAY 2014) 52.225-10 Notice of Buy American Requirement-Construction Materials. Alt I (MAY 2014)
12. EMPLOYMENT ELIGIBILITY VERIFICATION
If Contractor is not enrolled as a Federal Contractor in E-Verify at time of contract award, then the Contractor shall enroll within 30 days of contract award. Refer to FAR Clause 52.222-54, Employment Eligibility Verification, for further instructions.
13. WAWF INVOICE PROCESSING
Contractor will utilize electronic invoice processing. Refer to DFARS Clauses 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports, and 252.232-7006, Wide Area Workflow Payment Instructions, for further information.
14. DEPLOYMENT OF SUBCONTRACT REPORTING REQUIREMENTS
A requirement has been implemented regarding the Federal Funding Accountability and Transparency Act. Refer to FAR Clause 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards, for reporting instructions for the Prime Contractor.
15. CONTRACTOR EVALUATION PERFORMANCE REPORTING SYSTEM (CPARS)
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. It is the Contractor’s responsibility to keep this contact information current. Prime Contractor should become familiar with CPARS Program requirements at https://cpars.csd.disa.mil.
16. WHOLE DOLLAR PRICING
Bids will be rounded down to the nearest whole dollar for evaluation and subsequent award purposes. If after rounding takes place there are multiple identical low bidders, FAR 14.408-6 shall apply.
17. SUPERVISION
A full-time site Superintendent and a full-time Quality Control (QC) representative are required to be on site for the duration of the project. The Superintendent may serve as the Site Safety and Health Officer (SSHO) as long as all requirements in Section 01 35 26 (Governmental Safety Requirements) are met.
18. WAGE DETERMINATION (CONSTRUCTION)
Davis-Bacon Act wages covering the areas of responsibility is included in this solicitation. The most current wage decision will be incorporated into the contract at the time of award.
Section 00 45 00 - Representations and Certifications
CLAUSES INCORPORATED BY FULL TEXT
52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO
SURVEILLANCE SERVICES OR EQUIPMENT (DEC 2019)
The Offeror shall not complete the representation in this provision if the Offeror has represented that it “does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument” in the provision at 52.204-26, Covered Telecommunications Equipment or Services--Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications--Commercial Items.
(a) Definitions. As used in this provision--
Covered telecommunications equipment or services, critical technology, and substantial or essential component have the meanings provided in clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Contractors are not prohibited from providing--
(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.
(d) Representation. The Offeror represents that it [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation.
(e) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it “will'' provide covered telecommunications equipment or services”, the Offeror shall provide the following information as part of the offer-
(1) A description of all covered telecommunications equipment and services offered (include brand; model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);
(2) Explanation of the proposed use of covered telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b) of this provision;
(3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known); and
(4) For equipment, the entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).
(End of provision)
Section 00 70 00 - Conditions of the Contract
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 N/A N/A N/A Government
CLAUSES INCORPORATED BY REFERENCE
52.203-19 Prohibition on Requiring Certain Internal Confidentiality
Agreements or Statements
JAN 2017
52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier
Subcontract Awards
OCT 2018
52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-19 Incorporation by Reference of Representations and
Certifications.
DEC 2014
52.204-22 Alternative Line Item Proposal JAN 2017 52.204-23 Prohibition on Contracting for Hardware, Software, and
Services Developed or Provided by Kaspersky Lab and Other Covered Entities.
JUL 2018
52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
AUG 2019
52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment
OCT 2015
52.209-10 Prohibition on Contracting With Inverted Domestic Corporations
NOV 2015
52.211-13 Time Extensions SEP 2000 52.213-4 Terms and Conditions--Simplified Acquisitions (Other Than
Commercial Items)
JAN 2020
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 52.219-2 Equal Low Bids OCT 1995 52.219-6 (Dev) Notice of Total Small Business Set-Aside (DEVIATION
2019-O0003).
JAN 2019
52.222-1 Notice To The Government Of Labor Disputes FEB 1997 52.222-3 Convict Labor JUN 2003
52.222-4 Contract Work Hours and Safety Standards - Overtime Compensation
MAY 2018
52.222-6 Construction Wage Rate Requirements AUG 2018 52.222-7 Withholding of Funds MAY 2014 52.222-8 Payrolls and Basic Records AUG 2018 52.222-9 Apprentices and Trainees JUL 2005 52.222-10 Compliance with Copeland Act Requirements 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 52.222-16 Approval of Wage Rates MAY 2014 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-22 Previous Contracts And Compliance Reports FEB 1999 52.222-23 Notice of Requirement for Affirmative Action to Ensure
Equal Employment Opportunity for Construction
FEB 1999
52.222-25 Affirmative Action Compliance APR 1984 52.222-26 Equal Opportunity SEP 2016 52.222-27 Affirmative Action Compliance Requirements for
Construction
APR 2015
52.222-35 Equal Opportunity for Veterans OCT 2015 52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014 52.222-37 Employment Reports on Veterans FEB 2016 52.222-50 Combating Trafficking in Persons JAN 2019 52.222-55 Minimum Wages Under Executive Order 13658 DEC 2015 52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2017 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts
SEP 2013
52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.223-11 Ozone-Depleting Substances and High Global Warming
Potential Hydrofluorocarbons.
JUN 2016
52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving
AUG 2011
52.223-19 Compliance with Environmental Management Systems MAY 2011 52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.225-20 Prohibition on Conducting Restricted Business Operations in
Sudan--Certification
AUG 2009
52.227-1 Authorization and Consent 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 AUG 2018 52.228-12 Prospective Subcontractor Requests for Bonds MAY 2014 52.232-5 Payments under Fixed-Price Construction Contracts MAY 2014 52.232-23 Assignment Of Claims MAY 2014 52.232-27 Prompt Payment for Construction Contracts JAN 2017 52.232-33 Payment by Electronic Funds Transfer--System for Award
Management
OCT 2018
52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business
Subcontractors
DEC 2013
52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996
52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.236-1 Performance of Work by the Contractor APR 1984 52.236-2 Differing Site Conditions APR 1984 52.236-3 Site Investigation and Conditions Affecting the Work 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 52.236-15 Schedules for Construction Contracts APR 1984 52.236-17 Layout of Work APR 1984 52.236-21 Specifications and Drawings for Construction FEB 1997 52.236-26 Preconstruction Conference FEB 1995 52.242-14 Suspension of Work APR 1984 52.242-15 Stop-Work Order AUG 1989 52.242-17 Government Delay Of Work APR 1984 52.243-5 Changes and Changed Conditions APR 1984 52.244-6 Subcontracts for Commercial Items AUG 2019 52.246-12 Inspection of Construction AUG 1996 52.246-21 Warranty of Construction MAR 1994 52.247-5 Familiarization With Conditions APR 1984 52.247-6 Financial Statement APR 1984 52.247-12 Supervision, Labor, or Materials APR 1984 52.247-34 F.O.B. Destination NOV 1991 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
52.249-10 Default (Fixed-Price Construction) APR 1984 52.252-3 Alterations in Solicitation APR 1984 52.253-1 Computer Generated Forms JAN 1991 252.203-7000 Requirements Relating to Compensation of Former DoD
Officials
SEP 2011
252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7005 Representation Relating to Compensation of Former DoD
Officials
NOV 2011
252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019 252.204-7008 Compliance With Safeguarding Covered Defense Information
Controls
OCT 2016
252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting
DEC 2019
252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support
MAY 2016
252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or Hazardous Materials
SEP 2014
252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7048 Export-Controlled Items JUN 2013 252.225-7050 Disclosure of Ownership or Control by the Government of a
Country that is a State Sponsor of Terrorism
DEC 2018
252.232-7003 Electronic Submission of Payment Requests and Receiving Reports
DEC 2018
252.232-7010 Levies on Contract Payments DEC 2006 252.236-7000 Modification Proposals-Price Breakdown DEC 1991 252.236-7002 Obstruction of Navigable Waterways DEC 1991 252.241-7001 Government Access DEC 1991 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Items JUN 2013
CLAUSES INCORPORATED BY FULL TEXT
52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN
FEDERAL TRANSACTIONS (SEP 2007)
(a) Definitions. As used in this provision--``Lobbying contact'' has the meaning provided at 2 U.S.C. 1602(8). The terms ``agency,'' ``influencing or attempting to influence,'' ``officer or employee of an agency,'' ``person,'' ``reasonable compensation,'' and ``regularly employed'' are defined in the FAR clause of this solicitation entitled ``Limitation on Payments to Influence Certain Federal Transactions'' (52.203-12).
(b) Prohibition. The prohibition and exceptions contained in the FAR clause of this solicitation entitled ``Limitation on Payments to Influence Certain Federal Transactions'' (52.203-12) are hereby incorporated by reference in this provision.
(c) Certification. The offeror, by signing its offer, hereby certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on its behalf in connection with the awarding of this contract.
(d) Disclosure. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.
(e) Penalty. Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by 31 U.S.C. 1352. Any person who makes an expenditure prohibited under this provision or who fails to file or amend the disclosure required to be filed or amended by this provision, shall be subject to a civil penalty of not less than $10,000, and not more than $100,000, for each such failure.
52.204-3 TAXPAYER IDENTIFICATION (OCT 1998)
(a) Definitions.
Common parent, as used in this provision, means that corporate entity that owns or controls an affiliated group of corporations that files its Federal income tax returns on a consolidated basis, and of which the offeror is a member.
Taxpayer Identification Number (TIN), as used in this provision, means the number required by the Internal Revenue Service (IRS) to be used by the offeror in reporting income tax and other returns. The TIN may be either a Social Security Number or an Employer Identification Number.
(b) All offerors must submit the information required in paragraphs (d) through (f) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the IRS. If the resulting contract is subject to the payment reporting requirements described in Federal Acquisition Regulation (FAR) 4.904, the failure or refusal by the offeror to furnish the information may result in a 31 percent reduction of payments otherwise due under the contract.
(c) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN.
(d) Taxpayer Identification Number (TIN).
___ TIN:.--------------------------------------------------------
___ TIN has been applied for.
___ TIN is not required because:
___ Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States;
___ Offeror is an agency or instrumentality of a foreign government;
___ Offeror is an agency or instrumentality of the Federal Government.
(e) Type of organization.
___ Sole proprietorship;
___ Partnership;
___ Corporate entity (not tax-exempt);
___ Corporate entity (tax-exempt);
___ Government entity (Federal, State, or local);
___ Foreign government;
___ International organization per 26 CFR 1.6049-4;
___ Other--------------------------------------------------------
(f) Common parent.
___ Offeror is not owned or controlled by a common parent as defined in paragraph (a) of this provision.
___ Name and TIN of common parent:
Name-------------------------------------------------------------------
TIN--------------------------------------------------------------------
52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)
(a) Definitions. As used in this provision--
Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.
Registered in the System for Award Management (SAM) means that--
(1) The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14) into SAM;
(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of Contact sections of the registration in SAM;
(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and
(4) The Government has marked the record ``Active''.
Unique entity identifier means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.
(b)(1) An Offeror is required to be registered in SAM when submitting an offer or quotation, and shall continue to be registered until time of award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.
(2) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation ``Unique Entity Identifier'' followed by the unique entity identifier that identifies the Offeror's name and address exactly as stated in the offer. The Offeror also shall enter its EFT indicator, if applicable. The unique entity identifier will be used by the Contracting Officer to verify that the Offeror is registered in SAM.
(c) If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for establishment of the unique entity identifier directly to obtain one. The Offeror should be prepared to provide the following information:
(1) Company legal business name.
(2) Tradestyle, doing business, or other name by which your entity is commonly recognized.
(3) Company physical street address, city, state, and Zip Code.
(4) Company mailing address, city, state and Zip Code (if separate from physical).
(5) Company telephone number.
(6) Date the company was started.
(7) Number of employees at your location.
(8) Chief executive officer/key manager.
(9) Line of business (industry).
(10) Company headquarters name and address (reporting relationship within your entity).
(d) Processing time should be taken into consideration when registering. Offerors who are not registered in SAM should consider applying for registration immediately upon receipt of this solicitation. See https://www.sam.gov for information on registration.
(End of Provision)
52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2020)
(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 238990.
(2) The small business size standard is $16,500,000.
(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.
(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.
(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:
( ) Paragraph (d) applies.
( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.
(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:
(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—
(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;
(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or
(C) The solicitation is for utility services for which rates are set by law or regulation.
(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.
(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation. This provision applies to all solicitations.
(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.
(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—
(A) Are not set aside for small business concerns;
(B) Exceed the simplified acquisition threshold; and
(C) Are for contracts that will be performed in the United States or its outlying areas.
(vi) 52.204-26, Covered Telecommunications Equipment or Services--Representation. This provision applies to all solicitations.
(vii) 52.209-2; Prohibition on Contracting with Inverted Domestic Corporations--Representation.
(viii) 52.209-5; Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.
(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.
(x) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.
(…
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