Released N4008524B2507 Demolish Bulk Fuel Facilities Cutler.pdf

ACQR6020527

Project Title: Demolish Bulk Fuel Facility Cutler - Cutler, Maine Project Description: The base bid w ork includes all labor, material, equipment, transportation, supervision, and incidental related w ork to demolish existing fuel tanks and replace w ith new tanks as described in the project documents.

There are 11 options associated w ith this project.

The project value of the requirement is more than $10,000,000.00.

This project w ill be solicited as a Total Small Business Set Aside.

NAICS Code 237120 w ith a corrosponding size standard of $45M and FSC of Z2NA

X

MATTHEW J. THOMSEN 207-438-4620

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

12-Jun-2024

(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

X

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______15 calendar days and complete it w ithin ________500 calendar days after receiving aw ard, notice to proceed. This performance period is X mandatory, negotiable. (See _________________________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 ______________12 Jul 2024 (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 of fers 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 _______90 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 MAINE - FEAD PORTSMOUTH

PORTSMOUTH NAVAL SHIPYARD

BLDG 59

PORTSMOUTH NH 03801-2032

N40085

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

11:00 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:

N4008524B2507 59

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 specif ied 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

N4008524B2507

Section 00 10 00 - Solicitation

STATEMENT OF WORK

STATEMENT OF WORK

The following documents have been uploaded to Contract Opportunities on SAM.gov as separate attachments:

1. Bid Form - Bulk Fuel Cutler

2. Specifications - Demolish Bulk Fuel Facility Cutler

3. Drawings - Demolish Bulk Fuel Facility Cutler

Look at the “additional docs” to locate all documents in Contract Opportunites on SAM.gov.

P eriod of Performance:

Base: 500 calendar days from date of award.

Option 1: 0 additional calendar days (may be awarded up to 365 days after base award) Option 2: 0 additional calendar days (may be awarded up to 365 days after base award) Option 3: 0 additional calendar days (may be awarded up to 365 days after base award) Option 4: 0 additional calendar days (may be awarded up to 365 days after base award) Option 5: 0 additional calendar days (may be awarded up to 365 days after base award) Option 6: 0 additional calendar days (may be awarded up to 365 days after base award) Option 7: 0 additional calendar days (may be awarded up to 365 days after base award) Option 8: 0 additional calendar days (may be awarded up to 365 days after base award) Option 9: 0 additional calendar days (may be awarded up to 365 days after base award) Option 10: 0 additional calendar days (may be awarded up to 365 days after base award) Option 11: 0 additional calendar days (may be awarded up to 365 days after base award)

The following (3) Site Visit Documents has also been uploaded:

1. Time Sensitive – Access Instructions - Cutler Site Walk

2. Time Sensitive – Access List - Cutler Site Walk

3. DD5512 Form

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Each Base Bid - Demolish Bulk Fuel Facility

FFP

The Contractor shall supply all the labor, materials, transportation, supervision and equipment to demolish existing fuel tanks and associated items and replace with new at NSA Cutler in Cutler, Maine according to the project documents.

FOB: Destination

PURCHASE REQUEST NUMBER: ACQR6020527

NET AMT

0002 1 Each OPTION Option 1: Demo Oil Water Separator

FFP

The Contractor shall supply all the labor, materials, transportation, supervision and equipment to demolish the bulk tank berm oil water separator per the project documents. This option can be exercised within 365 days of project award and if it's awarded during this timeframe, the contract completion date will remain unchanged. No provisions will be made for economic price adjustment.

0003 1 Each OPTION Option 2: Concrete Slab

FFP

The Contractor shall supply all the labor, materials, transportation, supervision and equipment to provide a 6 inch concrete slab on the abandoned bulk tank foundation per the project documents. This option can be exercised within 365 days of project award and if it's awarded during this timeframe, the contract completion date will remain unchanged. No provisions will be made for economic price adjustment.

0004 1 Each OPTION Option 3: Demo Concrete Pan

FFP

The Contractor shall supply all the labor, materials, transportation, supervision and equipment to demolish the cantilevered concrete pan at transient tank dog house per the project documents. This option can be exercised within 365 days of project award and if it's awarded during this timeframe, the contract completion date will

0005 1 Each OPTION Option 4: Waterproofing System

FFP

The Contractor shall supply all the labor, materials, transportation, supervision and equipment to providing a reinforced membrane waterproofing system per the project documents. This option can be exercised within 365 days of project award and if it's awarded during this timeframe, the contract completion date will remain

0006 1 Each OPTION Option 5: Crack Injection Repairs

FFP

The Contractor shall supply all the labor, materials, transportation, supervision and equipment to providing crack injection concrete repairs inside transient utility tunnel per the project documents. This option can be exercised within 365 days of project award and if it's awarded during this timeframe, the contract completion date will remain unchanged. No provisions will be made for economic price adjustment.

0007 1 Each OPTION Option 6: Type B Spall Repairs

FFP

The Contractor shall supply all the labor, materials, transportation, supervision and equipment to providing Type B spall concrete repairs inside transient utility tunnel per the project documents. This option can be exercised within 365 days of project award and if it's awarded during this timeframe, the contract completion date will

0008 1 Each OPTION Option 7: Paint Bulk Tank Pipe Supports

FFP

The Contractor shall supply all the labor, materials, transportation, supervision and equipment to paint the bulk tank pipe supports per the project documents. This option can be exercised within 365 days of project award and if it's awarded during this timeframe, the contract completion date will remain unchanged. No provisions will be made for economic price adjustment.

0009 1 Each OPTION Option 8: Mill and Overlay

FFP

The Contractor shall supply all the labor, materials, transportation, supervision and equipment to mill and overlay of roadways around project area per the project documents. This option can be exercised within 365 days of project award and if it's awarded during this timeframe, the contract completion date will remain

0010 1 Each OPTION Option 9: Fuel Oil Delivery

FFP

The Contractor shall supply all the labor, materials, transportation, supervision and equipment to deliver fuel oil upon completion of Phase 2 per the project documents. This option can be exercised within 365 days of project award and if it's awarded during this timeframe, the contract completion date will remain

0011 1 Each OPTION Option 10: On Site Fuel Storage

FFP

The Contractor shall supply all the labor, materials, transportation, supervision and equipment for on site temporary fuel storage for oil removed as part of Phase 2 per the project documents. This option can be exercised within 365 days of project award and if it's awarded during this timeframe, the contract completion date will

0012 1 Each OPTION Option 11: Bollards

FFP

The Contractor shall supply all the labor, materials, transportation, supervision and equipment provides for the installation of bollards for transient tank parking lot per the project documents. This option can be exercised within 365 days of project award and if it's awarded during this timeframe, the contract completion date will

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 500 dys. ADC 1 N/A

0002 N/A N/A N/A N/A

0003 N/A N/A N/A N/A

0004 N/A N/A N/A N/A

0005 N/A N/A N/A N/A

0006 N/A N/A N/A N/A

0007 N/A N/A N/A N/A

0008 N/A N/A N/A N/A

0009 N/A N/A N/A N/A

0010 N/A N/A N/A N/A

0011 N/A N/A N/A N/A

0012 N/A N/A N/A N/A

Section 00 21 00 - Instructions

SUPPLEMENTAL INSTRUCTIONS

THE FOLLOWING DOCUMENTS SHALL BE SUBMITTED WITH THE BID:

o Standard Form 1442, Solicitation, Offer and Award (Submit SECTION 00010 – Lump sum pricing for CLIN 0001-0012).

Please be sure to fill out the lump sum pricing for the Base Bid (CLIN 0001) and Bid

Option 1 (CLIN 0002) thru Option 11 (CLIN 0012) on the SF1442. The SF1442 and bid schedule shall be utilized for evaluation purposes.

o Acknowledgements of any Amendments issued.

o 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 /information for Bidder to be used in conjunction with the Instruction to Bidders, Section 00100 clauses.

2. POINT OF CONTACT The pre-award point of contact for this project-award is Matt Thomsen at Tel. # (224) 223-2578. Please forward any questions regarding this project in writing to both Matt Thomsen, email address: matthew.j.thomsen2.civ@us.navy.mil and Jon Erickson, email jonathan.p.erickson3.civ@us.navy.mil

3. CHANGES TO SOLICITATION

All changes will be issued via Amendment and posted on the www.SAM.gov website.

ALL REQUESTS FOR INFORMATION (RFI) ARE REQUESTED TO BE SUBMITTED NO LATER THAN

12 PM on 3 JULY 2024.

All question(s) should be submitted via E-mail to the POCs listed above, to include the solicitation number and contract title in the subject line of the Email.

4. MINIMUM INSURANCE REQUIREMENTS:

5. 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):

1 Comprehensive General Liability: $500,000 per occurrence.

2 Automobile Liability: $200,000 per person, $500,000 per occurrence, $20,000 per occurrence for property damage.

3 Workmen’s Compensation: As required by Federal and State workers’ compensation and occupational disease laws.

4 Employer’s Liability Coverage: $100,000 except in states where workers compensation may not be written by private carriers.

5 Others as required by State of Maine.

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, N4008524B2507 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 are not acceptable.

5. SITE VISIT

Refer to FAR 52.236-27 for Site Visit

4. Date and Time – Thursday, 27 June 2024; 11:30AM Local Time.

5. Site Visit Location: NSA Cutler in Cutler, Maine

6. PRE SITE VISIT INSTRUCTIONS ( IMPORTANT - refer to “Time Sensitive – Access Instructions – Cutler Site Walk” and BELOW for guidance. )

A. Time Sensitive - Access List - Cutler Site Walk (Excel file attached): Complete and return to lauren.r.gilpatrick.civ@us.navy.mil copy both matthew.j.thomsen2.civ@us.navy.mil and william.t.harke.civ@us.navy.mil NO LATER THAN 6/18/2024 for each person attending the site visit.

B. DD5512 FORM (file attached): Complete and return to CPL Michael R. Fullmer at michael.r.fullmer.civ@us.navy.mil NO LATER THAN 6/19/2024 for each person attending the site visit. (Sponsor is Lauren Gilpatrick – FMS Northern Sites. Be sure to fill this form out correctly or risk not being able to attend the site walk)

C. IMPORTANT NOTE: It is imperative that interested contractors complete steps A and B above as soon as possible so that they can gain entry to the site. Site Visit attendees shall arrive at the Cutler Site in advance of the site visit to receive their badges. It takes approximately 20 minutes per individual.

Additional information:

Ensure you have a valid photo ID with you at the site visit.

The site visit for this project will take place either completely or partially inside a restricted area.

No cell phones, cameras, etc. are allowed in this area.

Contractors should wear safety shoes, hard hats, eye protection, and safety vests to maintain safety.

Please note that a Social Security Card will not be accepted as a valid form of ID.

7. Contact information:

Contract Specialist: Matt Thomsen 224 223 2578 Alt Contract Specialist: Jon Erickson 207-438-4608 Project Manager: Bill Harke 757-994-5659

6. 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. Prime Contractor should become familiar with the CPAR Program requirements at https://cpars.csd.disa.mil.

7. 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.

8. WAWF INVOICE PROCESSING

This contractor will utilize electronic invoice processing. Refer to DFAR Clauses 252.232-7006 and 252.232-7003 for further information.

9. 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.

10. DELIVERY OF BID

Bids are due by as set forth in Block 13 on the SF 1442. Bids must be sent electronically to both Matt Thomsen at matthew.j.thomsen2.civ@us.navy.mil Jon Erickson at jonathan.p.erickson3.civ@us.navy.mil . An email will be sent to confirm receipt once the bid is received.

The bid opening will be held on the same day that the bids are due (per Block 13 of SF 1442) at 12:30PM Local Time via conference call and optional Microsoft Teams meeting. Please use the following information to dial in:

Call in #: 1-410-874-6751 Phone Conference ID: 855 342 903#

If you would prefer to join via Microsoft Teams please send a request for a Teams link to matthew.j.thomsen2.civ@us.navy.mil by 11 June 2024 listing the email you would like the link sent to.

Late Bids will be handled in accordance with FAR 14.304 - Submission, Modifications and Withdrawal of Bids.

11. 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.

12. PAYMENT INSTRUCTIONS

Updated payment instructions can be found under PGI 204.7108(b)(2) at the following link:

https://www.acquisition.gov/dfarspgi/pgi-part-204-administrative-and-informationmatters#

DFARS_PGI_PGI_204.7108

13. RESPONSIBILITY DETERMINATION INFORMATION

The apparent successful low bidder will be required to provide the following information within 3 days of the bid opening:

- Identification of the Contractor’s personnel and management to be used on this contract.

- The Contractor’s technical and management plans for performing required services.

- Description of Contractor’s facilities and equipment.

- Summary of the Contractor’s experience in performing work of the type required by this specification.

- One (1) Signed Bank Reference demonstrating adequate financial resources. If offeror’s firm has a line of credit – provide information on how many figures offeror can borrow against the line of credit (i.e. medium 6 figures – exact line of credit is not required).

- The latest three complete fiscal year financial statements for the prime contractor, certified by an independent accounting firm, if practicable, or signed by an authorized officer of the organization. Submit evidence of availability of working/operating capital, which will be used for the performance of the resultant contract. For Joint Venture arrangements, submit the latest three complete fiscal year financial statements for each company in the Joint Venture and discuss the financial responsibilities among the companies. The Government may also utilize Dun & Bradstreet reports to evaluate the financial capacity of the offeror.

- Other work presently under contract.

- Prior contracts for similar work, and the names, addresses and telephone numbers of individuals with the organization issuing the contract who may be contacted for information concerning the Contractor’s performance.

In order to be eligible for award, the bidder must be determined responsible in accordance with FAR Part 9, specifically 9.104-1, General Standards.

FAILURE TO SUBMIT ANY OF THE ABOVE INFORMATION MAY RESULT IN THE BIDDER

BEING REJECTED AS NONRESPONSIVE PER FAR 14.301(a).

CLAUSES INCORPORATED BY REFERENCE

52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-7 Anti-Kickback Procedures JUN 2020 52.214-34 Submission Of Offers In The English Language APR 1991 52.214-35 Submission Of Offers In U.S. Currency APR 1991 52.222-5 Construction Wage Rate Requirements--Secondary Site of the

Work

MAY 2014

52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction

FEB 1999

52.225-10 Notice of Buy American Requirement--Construction Materials

MAY 2014

52.232-15 Progress Payments Not Included APR 1984 52.232-38 Submission of Electronic Funds Transfer Information with

Offer

JUL 2013

52.252-5 Authorized Deviations In Provisions NOV 2020

CLAUSES INCORPORATED BY FULL TEXT

52.214-3 AMENDMENTS TO INVITATIONS FOR BIDS (DEC 2016)

(a) If this solicitation is amended, then all terms and conditions which are not modified remain unchanged.

(b) (1) Bidders shall acknowledge receipt of any amendment to this solicitation--

(i) By signing and returning the amendment;

(ii) By identifying the amendment number and date in space provided for this purpose on the form for submitting a bid;

(iii) By letter;

(iv) By facsimile, if facsimile bids are authorized in the solicitation; or

(v) By email, if email bids are authorized in the solicitation.

(2) The Government must receive the acknowledgement by the time and at the place specified for receipt of bids.

(End of provision)

52.214-4 FALSE STATEMENTS IN BIDS (APR 1984)

Bidders must provide full, accurate, and complete information as required by this solicitation and its attachments.

The penalty for making false statements in bids is prescribed in 18 U.S.C. 1001.

52.214-5 SUBMISSION OF BIDS (DEC 2016)

(a) Bids and bid modifications shall be submitted in sealed envelopes or packages (unless submitted by electronic means) (1) addressed to the office specified in the solicitation, and (2) showing the time and date specified for receipt, the solicitation number, and the name and address of the bidder.

(b) Bidders using commercial carrier services shall ensure that the bid is addressed and marked on the outermost envelope or wrapper as prescribed in subparagraphs (a)(1) and (2) of this provision when delivered to the office specified in the solicitation.

(c) Facsimile bids, modifications, or withdrawals, will not be considered unless authorized by the solicitation.

(d) Bids submitted by electronic commerce shall be considered only if the electronic commerce method was specifically stipulated or permitted by the solicitation.

52.214-6 EXPLANATION TO PROSPECTIVE BIDDERS (APR 1984)

Any prospective bidder desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must request it in writing soon enough to allow a reply to reach all prospective bidders before the submission of their bids. Oral explanations or instructions given before the award of a contract will not be binding. Any information given a prospective bidder concerning a solicitation will be furnished promptly to all other prospective bidders as an amendment to the solicitation, if that information is necessary in submitting bids or if the lack of it would be prejudicial to other prospective bidders.

52.214-7 LATE SUBMISSIONS, MODIFICATIONS, AND WITHDRAWALS OF BIDS (NOV 1999)

(a) Bidders are responsible for submitting bids, and any modifications or withdrawals, so as to reach the Government office designated in the invitation for bids (IFB) by the time specified in the IFB. If no time is specified in the IFB, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that bids are due.

(b)(1) Any bid, modification, or withdrawal received at the Government office designated in the IFB after the exact time specified for receipt of bids is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late bid would not unduly delay the acquisition; and--

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

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

(2) However, a late modification of an otherwise successful bid that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

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

(d) If an emergency or unanticipated event interrupts normal Government processes so that bids cannot be received at the Government office designated for receipt of bids by the exact time specified in the IFB and urgent Government requirements preclude amendment of the IFB, the time specified for receipt of bids will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(e) Bids may be withdrawn by written notice received at any time before the exact time set for receipt of bids. If the IFB authorizes facsimile bids, bids may be withdrawn via facsimile received at any time before the exact time set for receipt of bids, subject to the conditions specified in the provision at 52.214-31, Facsimile Bids. A bid may be withdrawn in person by a bidder or its authorized representative if, before the exact time set for receipt of bids, the identity of the person requesting withdrawal is established and the person signs a receipt for the bid.

52.214-12 PREPARATION OF BIDS (APR 1984)

(a) Bidders are expected to examine the drawings, specifications, Schedule, and all instructions. Failure to do so will be at the bidder's risk.

(b) Each bidder shall furnish the information required by the solicitation. The bidder shall sign the bid and print or type its name on the Schedule and each continuation sheet on which it makes an entry. Erasures or other changes must be initialed by the person signing the bid. Bids signed by an agent shall be accompanied by evidence of that agent's authority, unless that evidence has been previously furnished to the issuing office.

(c) For each item offered, bidders shall (1) show the unit price, including, unless otherwise specified, packaging, packing, and preservation and (2) enter the extended price for the quantity of each item offered in the "Amount" column of the Schedule. In case of discrepancy between a unit price and an extended price, the unit price will be presumed to be correct, subject, however, to correction to the same extent and in the same manner as any other mistake.

(d) Bids for supplies or services other than those specified will not be considered unless authorized by the solicitation.

(e) Bidders must state a definite time for delivery of supplies or for performance of services, unless otherwise specified in the solicitation.

(f) Time, if stated as a number of days, will include Saturdays, Sundays, and holidays.

52.214-18 PREPARATION OF BIDS--CONSTRUCTION (APR 1984)

(a) Bids must be (1) submitted on the forms furnished by the Government or on copies of those forms, and (2) manually signed. The person signing a bid must initial each erasure or change appearing on any bid form.

(b) The bid form may require bidders to submit bid prices for one or more items on various bases, including--

(1) Lump sum bidding;

(2) Alternate prices;

(3) Units of construction; or

(4) Any combination of subparagraphs (1) through (3) above.

(c) If the solicitation requires bidding on all items, failure to do so will disqualify the bid. If bidding on all items is not required, bidders should insert the words "no bid" in the space provided for any item on which no price is submitted.

(d) Alternate bids will not be considered unless this solicitation authorizes their submission.

52.214-19 CONTRACT AWARD--SEALED BIDDING--CONSTRUCTION (AUG 1996)

(a) The Government will evaluate bids in response to this solicitation without discussions and will award a contract to the responsible bidder whose bid, conforming to the solicitation, will be most advantageous to the Government, considering only price and the price-related factors specified elsewhere in the solicitation.

(b) The Government may reject any or all bids, and waive informalities or minor irregularities in bids received.

(c) The Government may accept any item or combination of items, unless doing so is precluded by a restrictive limitation in the solicitation or the bid.

(d) The Government may reject a bid as nonresponsive if the prices bid are materially unbalanced between line items or subline items. A bid is materially unbalanced when it is based on prices significantly less than cost for some work and prices which are significantly overstated in relation to cost for other work, and if there is a reasonable doubt that the bid will result in the lowest overall cost to the Government even though it may be the low evaluated bid, or if it is so unbalanced as to be tantamount to allowing an advance payment.

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a firm fixed priced contract resulting from this solicitation.

52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from Arturo Alvidrez, Bldg. 59 Portsmouth Naval Shipyard Kittery, Maine 03804

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

www.acquisition.gov

Section 00 45 00 - Representations and Certifications

52.203-11 Certification And Disclosure Regarding Payments To

Influence Certain Federal Transactions

SEP 2007

52.209-7 Organizational Conflicts Of Interest Certificate--Marketing Consultants

OCT 1995

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)

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (AUG 2020)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-

(i) The Offeror and/or any of its Principals-

(A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and

(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision;

and

(D) Have , have not , within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds the threshold at 9.104-5(a)(2) for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager;

head of a division or business segment; and similar positions).

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

52.215-22 LIMITATIONS ON PASS-THROUGH CHARGES--IDENTIFICATION OF SUBCONTRACT

EFFORT (OCT 2009)

(a) Definitions. Added value, excessive pass-through charge, subcontract, and subcontractor, as used in this provision, are defined in the clause of this solicitation entitled ``Limitations on Pass-Through Charges'' (FAR 52.215-23).

(b) General. The offeror's proposal shall exclude excessive pass-through charges.

(c) Performance of work by the Contractor or a subcontractor. (1) The offeror shall identify in its proposal the total cost of the work to be performed by the offeror, and the total cost of the work to be performed by each subcontractor, under the contract, task order, or delivery order.

(2) If the offeror intends to subcontract more than 70 percent of the total cost of work to be performed under the contract, task order, or delivery order, the offeror shall identify in its proposal--

(i) The amount of the offeror's indirect costs and profit/fee applicable to the work to be performed by the subcontractor(s); and

(ii) A description of the added value provided by the offeror as related to the work to be performed by the subcontractor(s).

(3) If any subcontractor proposed under the contract, task order, or delivery order intends to subcontract to a lower-tier subcontractor more than 70 percent of the total cost of work to be performed under its subcontract, the offeror shall identify in its proposal--

(i) The amount of the subcontractor's indirect costs and profit/fee applicable to the work to be performed by the lower-tier subcontractor(s); and

(ii) A description of the added value provided by the subcontractor as related to the work to be performed by the lower-tier subcontractor(s).

52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (FEB 2024)

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business concern eligible under the WOSB Program.

Service-disabled veteran-owned small business (SDVOSB) concern means a small business concern--

(1)(i) Not less than 51 percent of which is owned and controlled by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran or;

(2) A small business concern eligible under the SDVOSB Program in accordance with 13 CFR part 128 (see subpart 19.14).

(3) Service-disabled veteran, as used in this definition, means a veteran as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16), and who is registered in the Beneficiary Identification and Records Locator Subsystem, or successor system that is maintained by the Department of Veterans Affairs' Veterans Benefits Administration, as a service-disabled veteran.

Service-disabled veteran-owned small business (SDVOSB) concern eligible under the SDVOSB Program means an SDVOSB concern that--

(1) Effective January 1, 2024, is designated in the System for Award Management (SAM) as certified by the Small Business Administration (SBA) in accordance with 13 CFR 128.300; or

(2) Has represented that it is an SDVOSB concern in SAM and submitted a complete application for certification to SBA on or before December 31, 2023.

Service-disabled veteran-owned small business (SDVOSB) Program means a program that authorizes contracting officers to limit competition, including award on a sole-source basis, to SDVOSB concerns eligible under the SDVOSB Program.

Small business concern--

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph

(b) of this provision.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13

CFR 121.103.

Small disadvantaged business concern, consistent with 13 CFR 124.1001, means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as…