Am2.pdf

1. CONTRACT ID CODE PAGE OF PAGES

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT J 1 4

2. AMENDMENT/MODIFICATION NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicable)

Am-0002 12/3/19

6. ISSUED BY CODE 7. ADMINISTERED BY (If other than Item 6) CODE

NAVFAC Hawaii Construction Acquisition Division (OPHA2) 400 Marshall Road See Item 6 JBPHH, Hawaii 96860-3139

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State, and Zip Code) X 9A. AMENDMENT OF SOLICITATION NO.

N62478-19-R-1518

X 9B. DATED (SEE ITEM 11)

16 Oct 19

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

CODE FACILITY CODE

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

[ X ]The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers [x ] is extended, [ ] is not extended.

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

(a) By completing Items 8 and 15, and returning ____ copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required) NA

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

(x) A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER

NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF: FAR CLAUSE 52.243-4, CHANGES

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor [ ] is not, [ ] is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

N62478-19-R-1518, FY20 MILCON P-463 SOF Undersea Operational Training Facility, Pearl City Peniunsula, Joint Base Pearl Harbor-Hickam (JBPHH), Hawaii

See page 2

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 16C. DATE SIGNED

BY

(Signature of person authorized to sign) (Signature of Contracting Officer)

NSN 7540-01-152-8070

PREVIOUS EDITION UNUSABLE

30-105 STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

Am-0002 Standard Form 30 Item No. 14 (Continued) Page 2 of 4

1. CHANGES TO THE SOLICITATION. Attached hereto are new and revised pages to the solicitation. The revision mark “(Am-0002)” is shown on each page.

a. REVISED SECTIONS/PROVISIONS/CLAUSES/PAGES/PARAGRAPHS/ITEMS. The following are revised pages to the solicitation. Changes are indicated in bold print. Although the entire documents are being re-issued under Am-0002, only the following pages/paragraphs/items changed in the following document.

Document 00010

SF 1442, Item No. 13A

Document 00100

Paragraph 1.7, Small Business Subcontracting Plan

Document 00600

252.204-7007, Alternate A, Annual Representations and Certifications (Jun 2019)

Document 00700

52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Oct 2019) 52.211-10, Commencement, Prosecution, and Completion of Work (Apr 1984)

52.211-12, Liquidated Damages-Construction (Sep 2000) 52.222-6, Construction Wage Rate Requirements (Aug 2019)

52.225-11, Buy American Construction Materials Under Trade Agreements (Oct 2019) 252.203-7004, Display of Hotline Posters (May 2019) 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) 252.219-7003, Small Business Subcontracting Plan (DOD Contracts) (May 2019) 252.226-7001, Utilization of Indian Organizations and Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns (Apr 2019)

b. REVISED PARAGRAPHS/SECTIONS/PAGES. Following are revisions to the solicitation. Revised technical specification pages are not being issued with this amendment.

(1) Part 3 - Chapter 6 / ESR C3020 Floor Finishes, Epoxy Finish

Add notation to current paragraph to read: “Provide a polymer-based non-skid additive recommended by the floor finish manufacturer for the following rooms: Dive Locker and Diver Workstation Room, Dive MK 16 Laboratory/O2 Safe Room, Dive Setup and O2 (Oxygen)/OC (Open Circuit) Charging Room, Dive Storage, Dive Medical Exam Office and Dive Compressor Room.”

(2) Part 3 - Chapter 6 / ESR C3030 Ceiling Finishes, Standard and Acoustic Ceiling Tiles

Add notation to second and third paragraphs to read: “Minimum ceiling heights shall be 9’-0”.”

(3) Part 3 - Chapter 2, Section 2.6, Special Design Challenges, Item No. 9

Add notation to current paragraph to read: “Existing Monitoring Well (MW02) shall be abandoned per NAVFAC Pacific Environmental Restoration Program Guidelines and Procedures. Coordinate the report with NAVFAC HI, EV3, Mr. Clint Zenigami, RPM, ph. 471-4610, prior to submitting to HDOH. Refer to enclosures attached.”

Item No. 14 (Continued) Page 3 of 4

c. REVISED PARAGRAPHS/SECITONS/PAGES. Following revised technical specification pages are issued herewith:

(1) Part 6 – Overhead Crane Specification – Appendix A

The Appendix A is reissued herein as Attachment XX. NOTE: There are no changes to the Appendix A, however, hard copies of the RFP may be missing dimension inputs.

d. DELETED PARAGRAPHS/PAGES/PROVISIONS/CLAUSES. The following item is deleted from the solicitation.

Document 00830

Construction Wage Rate Requirements Statute Wage Decision (dated 10/25/19)

e. NEW PAGES/PROVISIONS/CLAUSES/PARAGRAPHS/ITEMS. The following items are added to the solicitation.

Document 00830

Construction Wage Rate Requirements Statute Wage Decision (dated 11/22/19)

Document 00800

Paragraph 3.5, Phased Construction Schedule

Document 00900

Appendix D, Page D.2 through D.15

f. NEW PAGES. The following items are added to the solicitation.

Technical Specifications

(1) NAVFAC Pacific ER Program, Monitoring Well Installation and Abandonment, Procedure I-C-1

(2) NAVFAC Pacific ER Program, DOH Abandonment of Monitoring Well Summary Report Form, Attachment I-C-1-2

(3) NAVFAC Pacific ER Program, Field Boring Log, (SB02 converted to MW02)

(4) NAVFAC Pacific ER Program, Well Completion Record MW02

2. CHANGES TO DRAWINGS.

a. REVISED DRAWINGS (ISSUED). The following is a revised drawing to the solicitation.

Part 6 – Attachments Drawing:

The following drawing is revised:

SHEET NO. TITLE

Item No. 14 (Continued) Page 4 of 4

P101 Hyperbaric Systems & Building Interface Requirements

3. The proposal due date of December 9, 2019, 2:00 P.M., Hawaiian Standard Time, is hereby extended to December 16, 2019, 2:00 P.M., Hawaiian Standard Time.

SOLICITATION, OFFER

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATIED (RFP)

3. DATE ISSUED

10/16/19

PAGE OF

PAGES

IMPORTANT - The “offer” section on the reverse must be fully completed by offeror

4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO 6. PROJECT NO.

7. ISSUED BY CODE N62478 8. ADDRESS OFFER TO

NAVFAC Hawaii Construction Acquisition Division (OPHA2) 400 Marshall Road

JBPHH, HI 96860-3139

Mail: See Block 7 or

Hand carry proposals to:

NAVFAC Hawaii 400 Marshall Road, Building A13

JBPHH, HI 96860-3139

Depository hours between 7:30 AM and 2:00 PM, Monday Through Friday except Holidays. Please call 471-0318 or 474-3783 or 471-9197 for access to A13.

9. FOR INFORMATION

CALL:

A. NAME

Jody Muraoka

B. TELEPHONE NO. (Include area code) (NO COLLECT

CALLS)

(808)471-0318, FAX: (808)474-1543

SOLICITATION

NOTE: In sealed bid solicitations “offer” and “offeror” mean “bid” and “bidder”.

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date):

Request for Proposals No. N62478-19-R-1518, FY20 MILCON P-463 SOF Undersea Operational Training Facility Pearl City Peninsula, Joint Base Pearl Harbor-Hickam (JBPHH), Hawaii.

This procurement is solicited on an unrestricted basis.

SYSTEM FOR AWARD MANAGEMENT (SAM): Offerors shall comply with FAR 52.204-7, System for Award Management (Oct 2018) to receive an award. Lack of registration in the SAM database will make an Offeror ineligible for award

11. The Contractor shall begin performance within 15 calendar days and complete it within * calendar days after receiving *See Document 00700, Clause 52.211-10 award, notice to proceed. This performance period is X mandatory, negotiable. (See Section 00700 FAR 52.211-10) 12.a THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If “YES”, indicate within how many calendar days after award in Item 12B.)

YES NO

12.B CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and (See Document 00100) copy to perform the work required are due at the place specified in Item 8 by 2:00 PM HST, 12/16/19 (or as amended via SF30). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror’s name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee is, is not required.

C. All offers are subject to the (1) work 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 will not be considered and will be rejected.

NSN 7540-01-155-3212

1442-102 (Am-0002) STANDARD FORM 1442 (REV. 4-85) Prescribed by GSA

FAR (48 CFR) 53.236-1(d)

OFFER (Must be fully completed by offeror) N62478-19-R-1518

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO./FACSIMILE NO. (Include area code)

16. REMITTANCE ADDRESS (Include only if different than Item 14)

DUNS NO. CAGE CODE

TIN NO.

CODE FACILITY CODE

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of the solicitation, if this offer is accepted by the Government in writing within ____ calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.

AMOUNTS

SEE ATTACHED PROPOSAL SCHEDULE

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 AUTHORIZATION TO SIGN OFFER

(Type or print )

20B. SIGNATURE 20C. OFFER

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified) (See Section 00700 252.232-7006).

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

26. ADMINISTERED BY CODE N62478 27. PAYMENT WILL BE MADE BY N68732

NAVFAC HAWAII

NAVFAC HI FEAD PRJ22

90 G St., Bldg 1200

JBPHH, HI 96853-5230

Defense Finance & Accounting Service - Cleveland Norfolk Accounts Payable

PO BOX 998022

Cleveland OH 44199

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT Contractor is required to sign this document and return copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form an any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED

TO SIGN (Type or print)

31A. NAME OF CONTRACTING OFFICER (Type or print)

30B. SIGNATURE 30C. DATE

31B. UNITED STATES OF AMERICA

BY

31C. AWARD

GPO : 1995 O - 469-79

STANDARD FORM 1442 BACK

(REV. 4-8)

(Am-0002)

Document 00100

Section 00100

Instructions to Offerors

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.211-2 Availability of Specifications, Standards, and Data Item

Descriptions Listed in the Acquisition Streamlining and Standardization Information System (ASSIST)

APR 2014

52.215-1 Instructions to Offerors--Competitive Acquisition JAN 2017 52.215-16 Facilities Capital Cost of Money JUN 2003 52.217-5 Evaluation Of Options JUL 1990 52.222-5 Construction Wage Rate Requirements--Secondary Site of the

Work

MAY 2014

52.225-12 Notice of Buy American Requirement - Construction Materials Under Trade Agreements

MAY 2014

52.236-28 Preparation of Proposals--Construction OCT 1997

1.1 NUMBER OF COPIES/TIME OF RECEIPT

a. PRICE PROPOSAL: An original and one (1) copy of the price proposal shall be submitted on SEE SF 1442, BLOCK 13A AND AS AMENDED in a sealed envelope and marked in the bottom right corner "PRICE PROPOSAL SUBMITTED UNDER RFP N62478-19-R-1518 - DO NOT OPEN IN MAILROOM." The PRICE PROPOSAL shall include the following:

(1) Signed and completed SF 1442 (Solicitation, Offer and Award)

(2) Price proposal schedule

(3) Bid Guarantee

(4) Representations and Certifications (Document 00600)

(5) Any teaming agreements, Joint Venture agreements, LLC Operating Agreements, see Document 00100, paragraph 1.4 JOINT VENTURES (JV), LIMITED LIABILITY COMPANIES (LLC), LIMITED

PARTNERSHIPS (LTD), ETC.

(6) Current company balance sheets (Will be used for responsibility determination, see Document 00100, paragraph

1.3, PREAWARD SURVEY/RESPONSIBILITY DETERMINATION)

b. TECHNICAL PROPOSAL: An original and two (2) copies of the technical proposal for Factors I, II, and III shall be submitted on SEE SF 1442, BLOCK 13A AND AS AMENDED in a sealed envelope/package/box and marked in the bottom right corner "TECHNICAL PROPOSAL SUBMITTED UNDER RFP N62478-19-R-1518 - DO NOT OPEN IN MAILROOM." Identify the original proposal as "Original" on the cover of the proposal. The TECHNICAL PROPOSAL shall be submitted in a three-ring binder with table of contents and tabbed. The TECHNICAL PROPOSAL shall include the following:

(1) All information required by FAR 52.215-1

(2) All information required by Factor I, Experience

(3) All information required by Factor II, Safety

(4) All information required by Factor III, Past Performance

Contractors shall also follow instructions in Document 00110.

(Am-0002)

1.2 AMENDMENTS

Amendments will normally be posted to the web site https://www.fbo.gov. It is the offeror's responsibility to check the web site periodically for any amendments to the solicitation.

1.3 PREAWARD SURVEY/RESPONSIBILITY DETERMINATION

FAR §9.104 requires prospective contractors to demonstrate, among other things, that they have adequate financial resources to perform the contract, or ability to obtain them, capability to comply with the required performance schedule, a satisfactory performance record, and be otherwise eligible to receive an award under applicable laws and regulations. The pre-award survey is not a part of the technical evaluation. Please include, at a minimum, the following information as a part of your price proposal under a separate tab, entitled “Pre-Award Survey Information.” Other information may be requested as directed by the Contracting Officer and the information shall be submitted within three working days of the request.

a. Company financial statements (balance sheets and income statements) for past three years.

b. Financial resources available to perform the contract. Submit evidence of availability of working/operating capital that will be used for the performance of the contract. If the offeror plans to rely on financial support from other sources, identify the maximum lines of credit that will be available to include documentation to support the amounts. The maximum lines of credit should be based upon the inclusion of this contract effort. For joint ventures discuss the financial responsibilities among companies and provide same information for each partner.

c. Newly-formed entities (e.g. limited liability companies (“LLC’s”), limited partnerships (“LTD’s”) and newly-created corporate subsidiaries) that is the entity liable on the contract ordinarily have no record–or an insufficient record–of relevant experience, past performance, and financial capability to support a responsibility determination.

In such cases, the offeror may rely on the resources of the LLC member, parent, limited partner, or other entities related to the offeror for responsibility purposes where the offer submits a guaranty from the entity providing the resources.

d. Positive proof of your company’s maximum bonding capacity per year in the form of a letter from your surety.

1.4 JOINT VENTURES (JV), LIMITED LIABILITY COMPANIES (LLC), LIMITED PARTNERSHIPS (LTD), ETC.

Joint Ventures and Limited Liability Companies and Limited Partnerships shall submit the following additional documentation regarding their business entities:

a. An executed copy of the JV, LLC or LTD agreement.

b. A detailed statement outlining the following in terms of percentages where appropriate:

1. The relationship of the team/partners/parties in terms of business ownership, capital contribution, profit distribution or loss sharing.

2. The management approach in terms of who will conduct, direct, supervise, and control.

3. The structure and decision-making responsibilities of the partners/parties in terms of who will control the manner and method of performance of work.

4. Identify (by name and title) the personnel having the authority to legally bind the partners/parties (including authority to execute the contract documents and bonds).

(Am-0002)

c. A list of partners/parties, to include company name, DUNS and CAGE Numbers, Address, Point of Contact, Email address, phone number and facsimile number.

1.5 INQUIRIES/REQUEST FOR INFORMATION (RFI)

Contractors shall email all their inquiries and RFIs for this request for proposal (RFP) to jody.muraoka@navy.mil no later than 11:00 a.m., H.S.T., November 22, 2019. Point of contact for this RFP is Ms. Jody Muraoka, Construction Acquisition Division (ACQ31), (808) 471-0318, Naval Facilities Engineering Command Hawaii, 400 Marshall Road, Building A-13, JBPHH, Hawaii 96860-3139.

1.6 SITE VISIT

a. See FAR 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) – ALTERNATE I (FEB 1995)

b. A one-time organized site visit will be held on November 15, 2019 at 9:00 A.M. Hawaiian Standard Time (HST). Visitors will meet at the quarterdeck of Building 987 at Pearl City Peninsula. (See maps in Document 00900, Appendix A). No other site visits will be allowed. The site visit will be limited to five individuals per Offeror. The Point of Contact is Jody Muraoka at (808) 471-0318. This site visit is to provide Offerors with an opportunity to familiarize themselves with the jobsite and conditions to be encountered and is not for the purpose of answering questions.

c. Offerors are urged and expected to inspect the site where the work will be performed. ANY STATEMENTS OR REPRESENTATIONS MADE DURING THE SITE VISIT AND ANY TELEPHONIC DISCUSSIONS WITH

GOVERNMENT PERSONNEL WILL NOT CHANGE THE REQUIREMENTS OF THE SPECIFICATIONS.

d. Offerors interested in attending the site visit must email the following information to Ms. Jody Muraoka at jody.muraoka@navy.mil no later than October 25, 2019 at 1:00 P.M. HST:

LAST NAME

FIRST NAME

MIDDLE INITIAL

COMPANY NAME

COMPANY ADDRESS

COMPANY TELEPHONE NUMBER

*SECNAV 5512/1 FORM

*SECNAV 5512/1 Form – REQUIRED ONLY IF YOU DO NOT HAVE ACCESS TO JOINT BASE PEARL HARBOR-HICKAM. Each site visit attendee that does not have access to the base is required to submit a SECNAV 5512/1 Form (Document 00900, Appendix B). With the exception of block 25, all blocks must be filled in. The two identity source documents identified in block 14 will be required when picking up your pass.

e. Visitors who submitted their names by due date stated above to obtain a one-day pass, will first report to Pass & ID, 1250 South Drive, Bldg. 3455, Pearl Harbor, HI 96860 (Near Nimitz Gate), telephone: (808)449-0865 to obtain their one-day pass then proceed to meet at the quarterdeck of Building 987 at Pearl City Peninsula on November 15, 2019 at 9:00 a.m. HST. The site visit will then begin at 9:00 a.m. HST.

1.7 SMALL BUSINESS SUBCONTRACTING PLAN (Reference FAR 52.219-9 and DFARS 252.219-7003)

NAVFAC’s command-wide small business subcontracting targets are shown below. These may be higher or lower than percentages that would represent realistic, challenging small business subcontracting goals for this acquisition.

Offerors representing as other than small businesses shall establish small business subcontracting plan goals that are consistent with their small business participation and commitment strategies. The Subcontracting Plan shall be

(Am-0002) submitted prior to contract award. See the Small Business Subcontracting Plan Template (Document 00900 Appendix C) for format.

SB 50%

SDB 37%

HUBZone 11%

WOSB 7%

SDVOSB 3.5%

1.8 MAGNITUDE OF THE PROPOSED PROJECT

The estimated price range of this work is between $25,000,000 and $100,000,000.

CLAUSES INCORPORATED BY FULL TEXT

52.211-14 NOTICE OF PRIORITY RATING FOR NATIONAL DEFENSE, EMERGENCY PREPAREDNESS, AND ENERGY PROGRAM USE (APR 2008)

Any contract awarded as a result of this solicitation will be DX rated order; X DO rated order certified for national defense, emergency preparedness, and energy program use under the Defense Priorities and Allocations System (DPAS) (15 CFR 700), and the Contractor will be required to follow all of the requirements of this regulation.

(End of provision)

52.216-1 TYPE OF CONTRACT (APR 1984)

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

52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

Goals for minority participation for each trade

Goals for female participation for each trade

69.1% 6.9%

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in

(Am-0002) the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction,'' and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the --

(1) Name, address, and telephone number of the subcontractor;

(2) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is Honolulu.

52.228-1 BID GUARANTEE (SEP 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States.

The Contracting Officer will return bid guarantees, other than bid bonds, (1) to unsuccessful bidders as soon as practicable after the opening of bids, and (2) to the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.-

(c) The amount of the bid guarantee shall be twenty (20) percent of the bid price or $3,000,000.00, whichever is less.-

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.-

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

52.233-2 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 NAVFAC HAWAII, Construction Acquisition Division, 400 Marshall Road, Joint Base Pearl Harbor-Hickam, HI 96860-3139.

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

52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) – ALTERNATE I (FEB 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) An organized site visit has been scheduled for--

Date: Friday, November 15, 2019 Time: 9:00 a.m. Hawaiian Standard Time (HST)

(c) Participants will meet at—

Quarterdeck of Building 987 at Pearl City Peninsula after obtaining their one-day pass. See maps in Document 00900, Appendix A).

All attendees are required to submit a SECNAV 5512/1 Form if they do not have access to the base. See Document 00100, Paragraph 1.6 Site Visit.

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):

https://www.acquisition.gov/browsefar https://www.acq.osd.mil/dpap/dars/dfarspgi/current/ https://www.secnav.navy.mil/rda/Pages/NMCARS.aspx

Document 00600

Section 00600

Representations & Certifications

Request for Proposal No: RFP N62478-19-R-1518

Name and Address of Offeror: _______________________________________

Business Phone:(___)____________________ Facsimile No: (___)____________________

CEC/DUNS Number: _______________________ TIN NUMBER:_______________________

CAGE Number:____________________________ Email Address:____________________

AUTHORIZED NEGOTIATOR: ______________________________________________

Name and Title

Phone No: (___)____________________ Facsimile No.: (___)____________________

U.S. Owned Company: Yes

No Country___________________

These provisions are from the Federal Acquisition Regulation (FAR) and Defense Federal Acquisition Regulation Supplement (DFARS). Complete and return with the proposal forms.

52.203-11 Certification And Disclosure Regarding Payments To

Influence Certain Federal Transactions

SEP 2007

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements- Representations

JAN 2017

52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-22 Alternative Line Item Proposal JAN 2017 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7007 Alternate A, Annual Representations and Certifications JUN 2019 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.215-7013 Supplies and Services Provided By Nontraditional Defense Contactors

JAN 2018

252.219-7000 Advancing Small Business Growth SEP 2016

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (OCT 2018)

(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 which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

( ) Paragraph (d) applies.

( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(Am-0002)

(C) Are for contracts that will be performed in the United States or its outlying areas.

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

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

(viii) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(ix) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

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

(xi) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(xii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

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

(xiv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xvi) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

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

(xviii) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.)

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

(xx) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3.

(Am-0002)

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $80,317, the provision with its Alternate II applies.

(D) If the acquisition value is $80,317 or more but is less than $100,000, the provision with its Alternate III applies.

(xxi) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225- 5.

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

(xxiii) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.

(xxiv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

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

[ X ] (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.

(Am-0002)

(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.

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2019)

(a) Definitions. As used in this provision—

“Covered telecommunications equipment or services”, “Critical technology”, and “Substantial or essential component” have the meanings provided in clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Contractors are not prohibited from providing—

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Representation. The Offeror represents that—

It □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation.

(d) Disclosures. If the Offeror has responded affirmatively to the representation in paragraph (c) of this provision, the Offeror shall provide the following information as part of the offer

(Am-0002)

(1) All covered telecommunications equipment and services offered (include brand; model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);

(2) Explanation of the proposed use of covered telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b) of this provision;

(3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known); and

(4) For equipment, the entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

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

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means--

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(Am-0002)

(iii) In an administrative proceeding, a finding of fault and liability that results in--

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).

52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS--CERTIFICATION (JUN 2018)

(a) This provision does not apply to acquisitions below the simplified acquisition threshold or to acquisitions of commercial items as defined at FAR 2.101.

(b) Certification. [Offeror shall check either (1) or (2).]

____ (1) The Offeror certifies that--

(i) It does not engage and has not engaged in any activity that contributed to or was a significant factor in the President's or Secretary of State's determination that a foreign country is in violation of its obligations undertaken in any arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. The determinations are described in the most recent unclassified annual report provided to Congress pursuant to section 403 of the Arms Control and Disarmament Act (22 U.S.C. 2593a). The report is available via the internet at https://www.state.gov/t/avc/rls/rpt/; and

(ii) No entity owned or controlled by the Offeror has engaged in any activity that contributed to or was a significant factor in the President's or Secretary of State's determination that a foreign country is in violation of its obligations undertaken in any arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. The determinations are described in the most recent unclassified annual report provided to Congress pursuant to section 403 of the Arms Control and Disarmament Act (22 U.S.C. 2593a). The report is available via the internet at https://www.state.gov/t/avc/rls/rpt/; or

____ (2) The Offeror is providing separate information with its offer in accordance with paragraph (d)(2) of this provision.

(c) Procedures for reviewing the annual unclassified report (see paragraph (b)(1) of this provision). For clarity, references to the report in this section refer to the entirety of the annual unclassified report, including any separate reports that are incorporated by reference into the annual unclassified report.

(1) Check the table of contents of the annual unclassified report and the country section headings of the reports incorporated by reference to identify the foreign countries listed there. Determine whether the Offeror or any person

(Am-0002) owned or controlled by the Offeror may have engaged in any activity related to one or more of such foreign countries.

(2) If there may have been such activity, review all findings in the report associated with those foreign countries to determine whether or not each such foreign country was determined to be in violation of its obligations undertaken in an arms control, nonproliferation, or disarmament agreement to which the United States is a party, or to be not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. For clarity, in the annual report an explicit certification of non-compliance is equivalent to a determination of violation. However, the following statements in the annual report are not equivalent to a determination of violation:

(i) An inability to certify compliance.

(ii) An inability to conclude compliance.

(iii) A statement about compliance concerns.

(3) If so, determine whether the Offeror or any person owned or controlled by the Offeror has engaged in any activity that contributed to or is a significant factor in the determination in the report that one or more of these foreign countries is in violation of its obligations undertaken in an arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state.