N4008522B2500.pdf
PDF 553 KB Posted
- Attached to
- B571 Nautilus Museum Partial Roof Replacement
- Solicitation number
- N40085-22-B-2500
About this file
This solicitation is for a firm-fixed price contract to complete a partial roof replacement project at the B571 Nautilus Museum & Library located at Naval Submarine Base New London in Groton, Connecticut. The scope of work includes full replacement of one roof section approximating 3,300 square feet and repair of other roofing areas approximating 2,500 square feet through infrared scanning and required repairs. The contractor will also be resealing approximating 4,550 square feet of existing roofing. The solicitation is set aside for woman-owned small businesses and economically disadvantaged woman-owned small businesses. Bids are due by December 7, 2021. The North American Industry Classification System code assigned is 236220 for commercial and institutional building construction. The contractor will provide all labor, materials, equipment, supervision, and incidentals to complete the project in accordance with the statement of work, specifications, and drawings.
View the file
Other files
| File | Type | Posted |
|---|---|---|
| 22B2500 Abstract.pdf | ||
| Amendment 007.pdf | ||
| Scope of Work V3.pdf | ||
| Drawing A103 Plan Keynotes w Library Note.pdf | ||
| Amendment 006.pdf | ||
| Amendment 005.pdf | ||
| Amendment 004.pdf | ||
| Amendment 003.pdf | ||
| Laydown Image.pdf | ||
| Final RFI Responses.pdf | ||
| Amendment 002.pdf | ||
| Floor plans and RCPs.pdf | ||
| Amendment 001.pdf | ||
| Site Visit Attendees.xlsx | XLSX spreadsheet | |
| Price Proposal Form V2.pdf | ||
| Drawing A103 Plan and Keynotes V2.pdf | ||
| Scope of Work V2.pdf | ||
| RFI Responses Part I.pdf | ||
| Specifications V2.pdf | ||
| Drawing - Building Sections.pdf | ||
| B571-035.details.pdf | ||
| Drawing - Roof Details.pdf | ||
| Price Proposal Form.pdf | ||
| Drawing -Building Sections.pdf | ||
| HAZ Waste Mgmt Plan.pdf | ||
| NEPA.pdf | ||
| Scope of Work.pdf | ||
| Drawing - Plan and Keynotes.pdf | ||
| Drawing -Original Plan.pdf | ||
| Photo Sketches.pdf | ||
| HAZMAT Report.pdf | ||
| Specifications.pdf |
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Text version
CODE
(Hour)
PAGE(S)
until 12:00 PM local time 07 Dec 2021
A B C D E
G F
H kristin.zambarano@navy.mil
RATING PAGE OF PAGES
7. ISSUED BY
(Date)
IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.
Previous Edition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97)
Prescribed by GSA FAR (48 CFR) 53.214(c)
DO-C2 1 62
(If other than Item 7)
15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TO
AND
ADDRESS
SIGN OFFER (Type or print)
OF
OFFEROR
AMENDMENT NO. DATE
15B. TELEPHONE NO (Include area code) 17. SIGNATURE15C. CHECK IF REMITTANCE ADDRESS
IS DIFFERENT FROM ABOVE - ENTER
SUCH ADDRESS IN SCHEDULE.
18. OFFER DATE
1. THIS CONTRACT IS A RATED ORDER
UNDER DPAS (15 CFR 700)
2. CONTRACT NO.
N40085 8. ADDRESS OFFER TO
See Item 7
9. Sealed offers in original and 1 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in
CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and
B135 conditions contained in this solicitation.
10. FOR INFORMATION
CALL:
A. NAME (NO COLLECT CALLS)
KRISTIN L ZAMBARANO 860-694-3938
11. TABLE OF CONTENTS
SOLICITATION/ CONTRACT FORM
SUPPLIES OR SERVICES AND PRICES/ COSTS
1 I CONTRACT CLAUSES
DESCRIPTION/ SPECS./ WORK STATEMENT
PACKAGING AND MARKING
J LIST OF ATTACHMENTS
INSPECTION AND ACCEPTANCE
DELIVERIES OR PERFORMANCE
K
REPRESENTATIONS, CERTIFICATIONS AND
OTHER STATEMENTS OF OFFERORS
CONTRACT ADMINISTRATION DATA
SPECIAL CONTRACT REQUIREMENTS
OFFER (Must be fully completed by offeror) M
L INSTRS., CONDS., AND NOTICES TO OFFERORS
EVALUATION FACTORS FOR AWARD
NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.
is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.
13. DISCOUNT FOR PROMPT PAYMENT
(See Section I, Clause No. 52.232-8)
14. ACKNOWLEDGMENT OF AMENDMENTS
(The offeror acknowledges receipt of amendments
AMENDMENT NO. DATE
to the SOLICITATION for offerors and related documents numbered and dated):
FACILITY
12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period
SOLICITATION, OFFER AND AWARD
X
(X) SEC. DESCRIPTION (X) SEC. DESCRIPTION PAGE(S)
PART I - THE SCHEDULE
26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE
EMAIL:TEL: (Signature of Contracting Officer)
CODE CODE
B. TELEPHONE (Include area code) C. E-MAIL ADDRESS
AWARD (To be completed by Government)
19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION
22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:
10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)
23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM
24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE
PART IV - REPRESENTATIONS AND INSTRUCTIONS
PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS
PART II - CONTRACT CLAUSES
NAVFACSYSCOM MID-ATLANTIC
PWD NEW LONDON
BOX 400.BLDG 135
NAVAL SUBMARINE BASE NEW LONDON
GROTON CT 06349-5026
FAX:
TEL:
FAX:
TEL:
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".
SOLICITATION
6. REQUISITION/PURCHASE NO.5. DATE ISSUED
27 Oct 2021
4. TYPE OF SOLICITATION
SEALED BID (IFB)
NEGOTIATED (RFP)
[ X ]
3. SOLICITATION NO.
N4008522B2500
Section 00 10 00 - Solicitation
STATEMENT OF WORK
See Attachments:
1. Scope of Work
2. Specifications
3. HAZMAT Report
4. Photo Sketches
5. Drawing – Plan & Keynotes
6. Drawing – Roof Details
7. Drawing – Building Sections
8. Drawing – Original Plan
9. HAZ Waste Mgmt Plan
10. NEPA
11. Price Proposal Form
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 1 Each B571 Partial Roof Replacement
FFP
The Contractor shall provide all labor, equipment, materials, transportation, and supervision to complete a partial roof replacement (approx. 3,300SF), infra-red camera scanning and required repairs (approx. 2,500SF), and resealing of roof (approx. 4,550SF) for B571 at Naval Submarine Base New London, in accordance with the Statement of Work, drawings, and specifications.
FOB: Destination
PSC CD: Z2JA
NET AMT
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0002 1 Each OPTION Option - Fluid Applied Membrane Coating
FFP
Price for fluid applied roofing membrane coating over additional existing roofing areas (approx. 5,200SF) not addressed in base scope. Price excludes work described in CLIN 0001.
PSC CD: Z2JA
NET AMT
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 22-APR-2022 1 NAVFACSYSCOM MID-ATLANTIC
CHRISTOPHER SHUKIS
FEAD
NAVAL SUBMARINE BASE
BOX 400, BLDG 135
NEW LONDON CT 06349-5026
860-694-4556
N44210
0002 20-MAY-2022 1 (SAME AS PREVIOUS LOCATION)
N44210
GENERAL INFORMATION
This announcement constitutes the only solicitation.
1. Contract Title: B571 Nautilus Museum Partial Roof Replacement at Naval Submarine Base New London, Groton, CT.
2. Type of Contract: This solicitation is for a Firm-Fixed Price (FFP) type contract.
3. Set-Aside: This procurement is a set-aside for Woman-Owned Small Businesses (WOSB) and
Economically Disadvantaged Woman-Owned Small Businesses (EDWOSB).
4. NAICS Code: The NAICS code assigned to this procurement is 236220 (Commercial & Institutional
Building Construction). The small business size standard is $39.5M. Refer to https://sam.gov/SAM/pages/public/index.jsf for entity registration.
SUPPLEMENTAL INSTRUCTIONS:
THE FOLLOWING DOCUMENTS SHALL BE SUBMITTED WITH THE BID:
• Standard Form 1442 (Solicitation, Offer and Award) page 1 and Section 00 10 00
• Acknowledgements of any Amendments issued (Block 14 of Standard Form 1442)
• Bid Bond Guarantee (FAR 52.228-1(c)) - The amount of the bid guarantee shall be 20 percent of the bid price or $3,000,000.00, whichever is less.
FAILURE TO SUBMIT ANY OF THE ABOVE INFORMATION MAY RESULT IN THE BIDDER BEING
REJECTED AS NONRESPONSIVE PER FAR 14.301(a).
1. SUMMARY
The following paragraphs are supplemental instructions to be used in conjunction with Section 01 00 00 clauses.
2. POINT OF CONTACT
The pre-award point of contact for this project-award is Kristin Zambarano at (860) 694-3938. Please forward any questions regarding this project in writing to kristin.l.zambarano.civ@us.navy.mil.
3. CHANGES TO SOLICITATION
All changes will be issued via Amendment and posted on the beta.SAM.gov website. It is the responsibility of the Bidder to periodically check the website for updates and amendments.
4. MINIMUM INSURANCE REQUIREMENTS
A. The contractor shall procure and maintain during the entire period of performance under this contract the following minimum insurance coverage (also refer to FAR 52.228-5):
i. Comprehensive General Liability: $500,000 per occurrence.
ii. Automobile Liability: $200,000 per person, $500,000 per occurrence, $20,000 per occurrence for property damage.
iii. Workmen’s Compensation: As required by Federal and State workers’ compensation and occupational disease laws.
iv. Employer’s Liability Coverage: $100,000 except in states where workers compensation may not be written by private carriers.
v. Others as required by the State of Connecticut.
B. 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.
C. The Contractor agrees to insert the substance of this clause, including this paragraph (c), in all subcontracts hereunder.
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 is not acceptable.
5. SITE VISIT
Refer to FAR 52.236-27, Site Visit
A. Date and Time – Tuesday, 9 November 2021 at 9AM EST. This will be the only site visit offered.
B. Site Visit Location: Nautilus Museum & Library - One Crystal Lake Road Groton, CT (Entrance to the parking area is perpendicular to the Main Base Gate)
C. Pre Site Visit Requirements:
i. Base access is not required for this site visit.
ii. Visitor attendance requests must be emailed to kristin.l.zambarano.civ@us.navy.mil no later than Monday, 8 November 2021 at 2:00PM EST. Please include the first and last name(s) of the individual(s) attending as well as the Company name.
iii. We will meet in front of the Nautilus Museum, to the left of the entrance.
6. REQUESTS FOR INFORMATION (RFI)
Contractors are required to review the entire solicitation package before submitting questions. All requests for information (RFI) are to be submitted no later than 12:00PM EST on Tuesday, 16 November 2021. All question(s) should be submitted in one document via e-mail to the POC listed above and should include the solicitation number and contract title in the subject line. Responses to RFI will be posted as amendments on beta.SAM.gov.
7. CONTRACTOR EVALUATION PERFORMANCE REPORTING (CPAR)
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. The Prime Contractor should become familiar with the CPAR Program requirements at https://cpars.csd.disa.mil.
8. PERSONNEL REQUIREMENTS
The contractor shall provide a workforce suitably skilled to accomplish work assignments and with the special skills and/or certifications that may be required. Employ all positions with qualified and experienced personnel only.
A. SUPERINTENDENT (SUPER) & QUALITY CONTROL MANAGER (QCM/Prime QC Manager) **For this project, the positions of SUPER and QCM may be combined into a “double-hat” position**
i. SUPER - The contractor shall provide a full-time SUPER with authority to direct the prosecution of all work requirements in a safe workmanlike manner using acceptable industry methods and practices. The Super shall be onsite during all contract work activity and shall be responsible for the timely execution of work.
ii. QCM
1. The contractor shall provide a QCM responsible to ensure that contractor’s QC requirements are met. The QC Manager shall manage and implement the overall QC program. The QC Manager or designated representative shall attend the initial QC Plan meetings, and the initial Coordination and Mutual Understanding Meeting. The QC Manager shall be responsible for managing and coordinating the site QC Managers and documentation performed by the QC specialists. The QC Manager or designated representative shall be on site at all times work is being performed.
2. The QCM shall have full authority from the Contractor's Corporate Office to reject work and prescribe corrective action to prevent and remedy any quality problems.
The QCM shall not have work production duties or otherwise report to the production personnel. Any such arrangement that encumbers the QCM's discretion to make objective, impartial observations and recommendations regarding quality is unacceptable.
B. SITE SAFETY & HEALTH OFFICER (SSHO)
**For this project, SSHO shall be a separate position from SUPER/QCM** The contractor shall provide an SSHO to ensure safety and health requirements are met for the Contractor’s workforce and affected parties. The SSHO shall have full authority to manage safety and prescribe corrective action to prevent and remedy any safety problems which may arise. The SSHO shall not have work production duties or otherwise report to the production personnel. Any such arrangement that encumbers the SSHO's discretion to make objective, impartial observations and recommendations regarding safety is unacceptable. An officially designated SSHO shall be present on the site at all times work is being performed.
9. EMPLOYMENT ELIGIBILITY VERIFICATION
If contractor is not enrolled at time of award, then the Contractor shall enroll within 30 days. Refer to FAR Clause 52.222-54 for further instructions.
10. WAWF INVOICE PROCESSING
This contractor will utilize electronic invoice processing. Refer to DFAR Clauses 252.232-7006 and 252.232-7003 for further information.
11. 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 for reporting instructions by the Prime Contractor.
12. DELIVERY OF BID
A. Bids are due by Tuesday, 7 December 2021 no later than 12:00PM EST. The bid opening will be held on Tuesday, 7 December 2021 at 12:30PM EST in the acquisition conference room located at Naval Submarine Base New London, Building 135 (PWD), 1st Floor in Groton, CT.
B. Electronic bids and bid bonds are acceptable. They must be received prior to the due date and time.
The Subject Line should read “N4008522B2500 - B571 Partial Roof Replacement Bid” and must be submitted to kristin.l.zambarano.civ@us.navy.mil. Any electronically submitted bids received after the due date and time will not be accepted.
C. Envelopes containing bids must be sealed. Bid documents should be stapled together (no binders, please). Bidders 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.
D. Hand delivered bids must be deposited into the bid box at the office prior to the due date and time.
The bid box is located in B135 PWD NEW LONDON ACQUISITION BRANCH OFFICE on the first floor of the building and is clearly marked “Bid Box”. Access to the Bid Box is only on working days between the hours of 7:30 AM and 4:00 PM EST. The term “working days” excludes weekends and Federal holidays. Any hand carried bids submitted after the time and date set for receipt will not be accepted.
E. Bids tendered by a commercial carrier (e.g., Federal Express, United Parcel Service, etc.) must be received prior to the bid receipt time. Mailed bids shall be sent to:
NAVAL SUBMARINE BASE NEW LONDON
ATTN: KRISTIN ZAMBARANO
PUBLIC WORKS DEPARTMENT
BOX 400, BLDG 135, 1st FLOOR
GROTON, CT 06349
F. Late Bids will be handled in accordance with FAR 14.304 - Submission, Modifications, and
Withdrawal of Bids.
13. 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.
Section 00 70 00 - Conditions of the Contract
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 N/A N/A N/A Government 0002 N/A N/A N/A Government
Section 01 00 00 - General Requirements
CLAUSES INCORPORATED BY REFERENCE
52.202-1 Definitions JUN 2020 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-7 Anti-Kickback Procedures JUN 2020 52.203-11 Certification And Disclosure Regarding Payments To
Influence Certain Federal Transactions
SEP 2007
52.204-19 Incorporation by Reference of Representations and Certifications.
DEC 2014
52.209-7 Organizational Conflicts Of Interest Certificate--Marketing Consultants
OCT 1995
52.214-34 Submission Of Offers In The English Language APR 1991 52.214-35 Submission Of Offers In U.S. Currency APR 1991 52.215-23 Limitations on Pass-Through Charges JUN 2020 52.222-3 Convict Labor JUN 2003 52.222-5 Construction Wage Rate Requirements--Secondary Site of the
Work
MAY 2014
52.222-6 Construction Wage Rate Requirements AUG 2018 52.222-7 Withholding of Funds MAY 2014 52.222-8 Payrolls and Basic Records JUL 2021 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 52.222-13 Compliance With Construction Wage Rate Requirements and
Related Regulations
MAY 2014
52.222-14 Disputes Concerning Labor Standards FEB 1988 52.222-15 Certification of Eligibility MAY 2014 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-23 Notice of Requirement for Affirmative Action to Ensure
Equal Employment Opportunity for Construction
FEB 1999
52.222-26 Equal Opportunity SEP 2016 52.222-27 Affirmative Action Compliance Requirements for
Construction
APR 2015
52.222-36 Equal Opportunity for Workers with Disabilities JUN 2020 52.222-50 Combating Trafficking in Persons OCT 2020 52.222-55 Minimum Wages Under Executive Order 13658 NOV 2020 52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2017 52.223-18 Encouraging Contractor Policies To Ban Text Messaging
While Driving
JUN 2020
52.224-2 Privacy Act APR 1984 52.225-10 Notice of Buy American Requirement--Construction
Materials
MAY 2014
52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 52.227-1 Authorization and Consent JUN 2020 52.227-2 Notice And Assistance Regarding Patent And Copyright
Infringement
JUN 2020
52.227-4 Patent Indemnity-Construction Contracts DEC 2007 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.228-11 Individual Surety--Pledge of Assets FEB 2021 52.228-14 Irrevocable Letter of Credit NOV 2014 52.228-15 Performance and Payment Bonds--Construction JUN 2020 52.229-3 Federal, State And Local Taxes FEB 2013
52.232-5 Payments under Fixed-Price Construction Contracts MAY 2014 52.232-15 Progress Payments Not Included APR 1984 52.232-23 Alt I Assignment of Claims (May 2014) - Alternate I APR 1984 52.232-25 Prompt Payment JAN 2017 52.232-27 Prompt Payment for Construction Contracts JAN 2017 52.232-33 Payment by Electronic Funds Transfer--System for Award
Management
OCT 2018
52.232-38 Submission of Electronic Funds Transfer Information with Offer
JUL 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 52.236-2 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 Alt I Specifications and Drawings for Construction (Feb 1997) -
Alternate I
APR 1984
52.236-26 Preconstruction Conference FEB 1995 52.236-27 Site Visit (Construction) FEB 1995 52.242-13 Bankruptcy JUL 1995 52.242-14 Suspension of Work APR 1984 52.244-6 Subcontracts for Commercial Items JUL 2021 52.246-12 Inspection of Construction AUG 1996 52.246-21 Warranty of Construction MAR 1994 52.247-34 F.O.B. Destination NOV 1991 52.249-2 Alt I Termination for Convenience of the Government (Fixed-
Price) (Apr 2012) - Alternate I
SEP 1996
52.249-10 Default (Fixed-Price Construction) APR 1984 52.252-5 Authorized Deviations In Provisions NOV 2020 52.253-1 Computer Generated Forms JAN 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense-
Contract-Related Felonies
DEC 2008
252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7006 Billing Instructions OCT 2005 252.204-7008 Compliance With Safeguarding Covered Defense Information
Controls
OCT 2016
252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism
MAY 2019
252.225-7002 Qualifying Country Sources As Subcontractors DEC 2017 252.227-7033 Rights in Shop Drawings APR 1966
252.232-7003 Electronic Submission of Payment Requests and Receiving Reports
DEC 2018
252.236-7000 Modification Proposals-Price Breakdown DEC 1991 252.236-7006 Cost Limitation JAN 1997 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JAN 2021 252.249-7002 Notification of Anticipated Contract Termination or
Reduction
JUN 2020
CLAUSES INCORPORATED BY FULL TEXT
52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM
EMPLOYEES OF WHISTLEBLOWER RIGHTS (JUN 2020)
(a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies in the pilot program on Contractor employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-239) and Federal Acquisition Regulation
(FAR) 3.908.
(b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. 4712, as described in FAR 3.908.
(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the simplified acquisition threshold, as defined in FAR 2.101 on the date of subcontract award.
(End of clause)
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--------------------------------------------------------------------
(End of provision)
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 (SEP 2021)
(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 236220.
(2) The small business size standard is $39,500,000.
(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees if the acquisition--
(i) Is set aside for small business and has a value above the simplified acquisition threshold;
(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or
(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.
(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.
(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:
( ) Paragraph (d) applies.
( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.
(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:
(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—
(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;
(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or
(C) The solicitation is for utility services for which rates are set by law or regulation.
(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.
(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation. This provision applies to all solicitations.
(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.
(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—
(A) Are not set aside for small business concerns;
(B) Exceed the simplified acquisition threshold; and
(C) Are for contracts that will be performed in the United States or its outlying areas.
(vi) 52.204-26, Covered Telecommunications Equipment or Services--Representation. This provision applies to all solicitations.
(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations--Representation.
(viii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.
(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.
(x) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.
(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.
(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.
(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.
(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.
(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.
(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.
(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.
(xv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.
(xvi) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.
(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.
(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.
(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.)
(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.
(xxi) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3.
(A) If the acquisition value is less than $25,000, the basic provision applies.
(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.
(C) If the acquisition value is $50,000 or more but is less than $83,099, the provision with its Alternate II applies.
(D) If the acquisition value is $83,099 or more but is less than $100,000, the provision with its Alternate III applies.
(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.
(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.
(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.
(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.
(2) The following representations or certifications are applicable as indicated by the Contracting Officer:
[Contracting Officer check as appropriate.]
(i) 52.204-17, Ownership or Control of Offeror.
(ii) 52.204-20, Predecessor of Offeror.
(iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.
(iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.
(v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.
(vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA- Designated Products (Alternate I only).
(vii) 52.227-6, Royalty Information.
(A) Basic.
(B) Alternate I.
(viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.
(d) The Offeror has completed the annual representations and certifications electronically in SAM accessed through https://www.sam.gov. After reviewing the SAM information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [ offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
FAR Clause Title Date Change
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.
52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS
(JUN 2020)
(a) Definitions. As used in this clause:
Executive means officers, managing partners, or any other employees in management positions.
First-tier subcontract means a subcontract awarded directly by the Contractor for the purpose of acquiring supplies or services (including construction) for performance of a prime contract. It does not include the Contractor's supplier agreements with vendors, such as long-term arrangements for materials or supplies that benefit multiple contracts and/or the costs of which are normally applied to a Contractor's general and administrative expenses or indirect costs.
Month of award means the month in which a contract is signed by the Contracting Officer or the month in which a first-tier subcontract is signed by the Contractor.
Total compensation means the cash and noncash dollar value earned by the executive during the Contractor's preceding fiscal year and includes the following (for more information see 17 CFR 229.402(c)(2)):
(1) Salary and bonus.
(2) Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Financial Accounting Standards Board's Accounting Standards Codification (FASB ASC) 718, Compensation-Stock Compensation.
(3) Earnings for services under non-equity incentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees.
(4) Change in pension value. This is the change in present value of defined benefit and actuarial pension plans.
(5) Above-market earnings on deferred compensation which is not tax-qualified.
(6) Other compensation, if the aggregate value of all such other compensation (e.g., severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $10,000.
(b) Section 2(d)(2) of the Federal Funding Accountability and Transparency Act of 2006 (Pub. L. 109-282), as amended by section 6202 of the Government Funding Transparency Act of 2008 (Pub. L. 110-252), requires the Contractor to report information on subcontract awards. The law requires all reported information be made public, therefore, the Contractor is responsible for notifying its subcontractors that the required information will be made public.
(c) Nothing in this clause requires the disclosure of classified information.
(d)(1) Executive compensation of the prime contractor. As a part of its annual registration requirement in the System for Award Management (SAM) (Federal Acquisition Regulation FAR provision 52.204-7), the Contractor shall report the names and total compensation of each of the five most highly compensated executives for its preceding completed fiscal year, if—
(i) In the Contractor's preceding fiscal year, the Contractor received—
(A) 80 percent or more of its annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), cooperative agreements, and other forms of Federal financial assistance; and
(B) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), cooperative agreements, and other forms of Federal financial assistance; and
(ii) The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.).
(2) First-tier subcontract information. Unless otherwise directed by the Contracting Officer, or as provided in paragraph (g) of this clause, by the end of the month following the month of award of a first-tier subcontract valued at or above the threshold specified in FAR 4.1403(a) on the date of subcontract award, the Contractor shall report the following information at http://www.fsrs.gov for that first-tier subcontract. (The Contractor shall follow the instructions at http://www.fsrs.gov to report the data.)
(i) Unique entity identifier for the subcontractor receiving the award and for the subcontractor's parent company, if the subcontractor has a parent company.
(ii) Name of the subcontractor.
(iii) Amount of the subcontract award.
(iv) Date of the subcontract award.
(v) A description of the products or services (including construction) being provided under the subcontract, including the overall purpose and expected outcomes or results of the subcontract.
(vi) Subcontract number (the subcontract number assigned by the Contractor).
(vii) Subcontractor's physical address including street address, city, state, and country. Also include the nine-digit zip code and congressional district.
(viii) Subcontractor's primary performance location including street address, city, state, and country. Also include the nine-digit zip code and congressional district.
(ix) The prime contract number, and order number if applicable.
(x) Awarding agency name and code.
(xi) Funding agency name and code.
(xii) Government contracting office code.
(xiii) Treasury account symbol (TAS) as reported in FPDS.
(xiv) The applicable North American Industry Classification System code (NAICS).
(3) Executive compensation of the first-tier subcontractor. Unless otherwise directed by the Contracting Officer, by the end of the month following the month of award of a first-tier subcontract valued at or above the threshold specified in FAR 4.1403(a) on the date of subcontract award, and annually thereafter calculated from the prime contract award date), the Contractor shall report the names and total compensation of each of the five most highly compensated executives for that first-tier subcontractor for the first-tier subcontractor's preceding completed fiscal year at http://www.fsrs.gov, if—
(i) In the subcontractor's preceding fiscal year, the subcontractor received—
(A) 80 percent or more of its annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), cooperative agreements, and other forms of Federal financial assistance; and
(B) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), cooperative agreements, and other forms of Federal financial assistance; and
(ii) The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if thepublic has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.)
(e) The Contractor shall not split or break down first-tier subcontract awards to a value below the threshold specified in FAR 4.1403(a), on the date of subcontract award, to avoid the reporting requirements in paragraph (d) of this clause.
(f) The Contractor is required to report information on a first-tier subcontract covered by paragraph (d) when the subcontract is awarded. Continued reporting on the same subcontract is not required unless one of the reported data elements changes during the performance of the subcontract. The Contractor is not required to make further reports after the first-tier subcontract expires.
(g)(1) If the Contractor in the previous tax year had gross income, from all sources, under $300,000, the Contractor is exempt from the requirement to report subcontractor awards.
(2) If a subcontractor in the previous tax year had gross income from all sources under $300,000, the Contractor does not need to report awards for that subcontractor.
(h) The FSRS database at http://www.fsrs.gov will be prepopulated with some information from SAM and the FPDS database. If FPDS information is incorrect, the contractor should notify the contracting officer. If the SAM information is incorrect, the contractor is responsible for correcting this information.
52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)
(a) Definitions. As used in this clause--
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 (SAM) 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 Contractor 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 Contractor has completed the Core, Assertions, 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 Contractor 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''.
System for Award Management (SAM) means the primary Government repository for prospective Federal awardee and Federal awardee information and the centralized Government system for certain contracting, grants, and other assistance-related processes. It includes—
(1) Data collected from prospective Federal awardees required for the conduct of business with the Government;
(2) Prospective contractor-submitted annual representations and certifications in accordance with FAR subpart 4.12;
and
(3) Identification of those parties excluded from receiving Federal contracts, certain subcontracts, and certain types of Federal financial and non-financial assistance and benefits.
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) If the solicitation for this contract contained the provision 52.204-7 with its Alternate I, and the Contractor was unable to register prior to award, the Contractor shall be registered in SAM within 30 days after award or before three days prior to submission of the first invoice, whichever occurs first.
(c) The Contractor shall maintain registration in SAM during contract performance and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement. The Contractor is responsible for the currency, accuracy and completeness of the data within SAM, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in SAM after the initial registration, the Contractor is required to review and update on an annual basis, from the date of initial registration or subsequent updates, its information in SAM to ensure it is current, accurate and complete. Updating information in SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.
(d)(1)(i) If a Contractor has legally changed its business name or ``doing business as'' name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to--
(A) Change the name in SAM;
(B) Comply with the requirements of…
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