N627224R1313_Amd0003.pdf

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 or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT 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 letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

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

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE

2. AMENDMENT/MODIFICATION NUMBER 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQUISITION NUMBER 5. PROJECT NUMBER (If applicable)

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

STANDARD FORM 30 (REV. 11/2016)

Prescribed by GSA FAR (48 CFR) 53.243

FACILITY CODE

9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NUMBER

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

12. ACCOUNTING AND APPROPRIATION DATA (If required) copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

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

IT MODIFIES THE CONTRACT/ORDER NUMBER AS DESCRIBED IN ITEM 14.

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

NUMBER IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation data, 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:

D. OTHER (Specify type of modification and authority)

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15C. DATE SIGNED

15A. NAME AND TITLE OF SIGNER (Type or print)

16C. DATE SIGNED

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

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

PAGE OF PAGES

6. ISSUED BY CODE

8. NAME AND ADDRESS OF CONTRACTOR (Number, street, county, State and ZIP Code) (X)

CODE

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

Previous edition unusable

N62742

RFP N62742-24-R-1313, NAVFAC WORK ORDER NUMBER 1737354 FY24 MCON P-870 9TH ENGINEERING SUPPORT

BATTALION (ESB) TRAINING COMPLEX, US NAVSUPPACT, MARINE CORPS BASE GUAM

Amendment No. 0003 is continued on page 2

HAND DELIVER

NAVFAC PACIFIC

CONSTRUCTION CONTRACTS BR (ACQ33)

4256 RADFORD DR, BLDG 62

HONOLULU, HI 96818-3296

See Item 6

21RXXX3

N6274224R1313

1 3

04/25/2024

03/04/2024

RFP N62742-24-R-1313

Amendment No. 0003

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

The following items are applicable to this modification:

SF1442, PRICE PROPOSAL SCHEDULE (CONTINUED)

Delete SF1442, PRICE PROPOSAL SCHEDULE (Continued), and replace with the attached revised

SF1442, PRICE PROPSAL SCHEDULE (Continued), (Amendment No. 0003)

DOCUMENT 00 21 16, INSTRUCTIONS TO PROPOSERS

Delete DOCUMENT 00 21 16 Instructions to Proposers in its entirety and replace with the attached revised DOCUMENT 00 21 16 Instructions to Proposers (Amendment No. 0003)

DOCUMENT 00 45 00, REPRESENTATIONS AND CERTIFICATIONS FOR CONTRACTING

BY NEGOTIATION (TABLE OF CONTENTS)

Delete DOCUMENT 00 45 00 Table of Contents in its entirety and replace with the attached revised

DOCUMENT 00 45 00 Table of Contents (Amendment No. 0003)

DOCUMENT 00 45 00, REPRESENTATIONS AND CERTIFICATIONS FOR CONTRACTING

BY NEGOTIATION

Delete DOCUMENT 00 45 00 in its entirety and replace with the attached revised DOCUMENT 00 45 00

(Amendment No. 0003)

DOCUMENT 00 70 00, NEGOTIATED CONTRACT CLAUSES

Delete DOCUMENT 00 70 00 in its entirety and replace with the attached revised DOCUMENT 00 70 00

TECHNICAL SPECIFICATIONS

DOCUMENT 00 01 15 LIST OF DRAWINGS

1.2 CONTRACT DRAWINGS

REVISED DRAWINGS

The following drawings bearing the revision date of April 18, 2024, supersede previously issued drawings bearing the same number and title. The revised drawings accompany this amendment.

DRAWING

NUMBER

NAVFAC

DRAWING

NUMBER

REVISION

DRAWING TITLE

C-001 17312264 3 CIVIL NOTES, LEGEND, AND ABBREVIATIONS

CS101 17312271 3 SITE PLAN (1 OF 4)

CS102 17312272 3 SITE PLAN (2 OF 4)

CS103 17312273 3 SITE PLAN (3 OF 4)

CS104 17312274 3 SITE PLAN (4 OF 4)

CG101 17312291 3 GRADING PLAN (1 OF 4)

CG103 17312293 3 GRADING PLAN (3 OF 4)

DRAWING

NAVFAC

DRAWING

NUMBER

REVISION

DRAWING TITLE

CG104 17312294 3 GRADING PLAN (4 OF 4)

CG401 17312299 3 BULK FUEL AREA GRADING PLAN

CG411 17312301 3 HE DIG PIT GRADING PLAN (1 OF 2)

CG412 17312303 3 HE DIG PIT GRADING PLAN (2 OF 2)

CG421 17312306 3 DRAINAGE HEADWALL PLAN

CG422 17312307 3 LINING AND RIPRAP PLAN

CU201 17312312 3 WATER PROFILE

CU211 17312313 3 SEWER PROFILE

CU503 17312319 3 WATER SYSTEM DETAILS (3 OF 5)

CU521 17312323 3 STORM SYSTEM DETAILS (1 OF 3)

A-701 17312345 3 MISCELLANEOUS DETAILS

S-504 17312356 3 TYPICAL DETAILS (4 OF 4)

SECTION 09 67 23.15 FUEL RESISTIVE RESINOUS FLOORING, 3-COAT SYSTEM

Delete this section in its entirety and replace with Section 09 67 23.15 FUEL RESISTIVE RESINOUS

FLOORING, 3-COAT SYSTEM. The revised section accompanies this Amendment.

SECTION 31 23 00.00 20 EXCAVATION AND FILL

Delete pages 14 and 24, and replace with pages 14 and 24 in Section “31 23 00.00 20 EXCAVATION

AND FILL” (AMENDMENT 0003). The revised section pages accompanies this Amendment.

SECTION 33 40 00 STORMWATER UTILITIES

Delete page 6, and replace with page 6 in Section “33 40 00 STORMWATER UTILITES”

(AMENDMENT 0003). The revised section page accompanies this Amendment.

-- End of Amendment --

SOLICITATION, OFFER AND AWARD (SF 1442), CONTINUED

PRICE PROPOSAL SCHEDULE

FOR

RFP NO. N62742-24-R-1313

FY24 MCON P-870 9TH ENGINEERING SUPPORT BATTALION (ESB) TRAINING COMPLEX,

US NAVSUPPACT, MARINE CORPS BASE GUAM

SF 1442 (Continued) (Amendment No. 0003)

ITEM NO. DESCRIPTION

QTY

UNIT OF

ISSUE

AMOUNT

0001AA BASE ITEM: The basis for SLIN 0001AA is the price for the entire work for WON 1737354, complete in accordance with the drawings and specifications, excluding all other SLINs/CLINs.

Lump Sum

0001AB MEC/MPPEH CLEARANCE

The basis for SLIN 0001AB is the price to perform clearance of Munitions and Explosives of Concern (MEC) / Material Potentially Presenting an Explosive Hazard (MPPEH) to a Target of Interest of 20 mm in excavations below 4 feet from existing grade that occurs outside the bedrock area in accordance with Section 01 57 19.03 (see Note 4).

ESTIMATED

QTY

UNIT

PRICE

0001AC OVER-EXCAVATION

The basis for SLIN 0001AC is the price to perform the removal (over-excavation) of soft, yielding, or unsatisfactory soil materials and the placement of select granular material per Section 31 23 00.00 20 23 paragraphs 3.3, 3.4, and 3.5.2 for the site work in CLIN 0001, in place complete.

Cubic Yards

$____/CY

TOTAL CLIN 0001

(includes SLINs 0001AA through 0001AC)

0002 OPTION ITEM 1

The basis for pre-priced CLIN 0002 is the price for all work to construct public toilet (head) and covered training area (bleachers), including associated landscaping, sidewalk, and lighting, power, telecom, water, and sanitary sewer utilities, in accordance with the drawings and specifications but not including the work under any other CLIN.

FOR

RFP NO. N62742-24-R-1313

(Amendment No. 0003)

0003 OPTION ITEM 2

The basis for pre-priced CLIN 0003 is the portion of the security perimeter chain link fence, double swing gates, and pedestrian gate between the P-870 site and adjacent P-325 site, in accordance with the drawings and specifications.

TOTAL CLINs 0001 - 0003

NOTES:

1. See Document 00 22 00 for the Price Evaluation. The total proposed price for CLINs 0001 through 0003 will form the basis for the evaluation noted in Document 00 22 00.

2. The Offeror SHALL include a price for ALL CLINs/SLINs. The Government will not adjust the quantities noted in the schedule at time of award (Ref: FAR 52.215-1(f)(5)).

3. Multiple awards will not be made (Ref: FAR 52.215-1(f)(6)).

4. The basis for SLIN 0001AB is for clearance of Munitions and Explosive of Concern (MEC) / Material Potentially Presenting an Explosive Hazard (MPPEH) to a Target of Interest (TOI) of 20 mm in excavations below 4 feet from existing grade that occurs outside the bedrock area in accordance with Section 01 57 19.03, Supplemental Temporary Environmental Controls Munitions Response Explosives Safety Submissions (MRESS) Guam Construction Support. SLIN 0001AB shall cover all costs associated with full compliance that includes, but is not limited to, MEC/UXO personnel, detection, response, quality control, equipment, labor, materials, field overhead and indirect costs.

5. In the event there is a difference between a unit price and the extended total, the unit price will be held to be the intended offer and the extended total recomputed accordingly. If the offer provides a total but fails to enter a unit price, the total divided by the specified quantity will be held to be the intended unit price.

Payment for SLINs 0001AC shall be for actual quantities only. The unit price will be used to adjust the contract price for any increase or decrease in the estimated quantity subject to the clause at FAR 52.211-18 Variation in Estimated Quantity (APR 1984) as follows:

VARIATION IN ESTIMATED QUANTITY (APR 1984)

If the quantity of a unit priced item in this contract is an estimated quantity and the actual quantity of the unit priced item varies more than 15 percent above or below the estimated quantity, an equitable adjustment in the contract price shall be made upon demand of either party. The equitable adjustment shall be based upon an increase or decrease in costs due solely to the variation above 115 percent or below 85 percent of the estimated quantity. If the quantity variation is such as to cause an increase in the time necessary for completion, the Contractor may request, in writing, an extension of time, to be received by the Contracting Officer within 10 days from the beginning of the delay, or within such further period as may be granted by the Contracting Officer before the date of final settlement of the contract. Upon the receipt of a written request for an extension, the Contracting Officer shall ascertain the facts and make an adjustment for extending the completion date as, in the judgment of the Contracting Officer, is justified.

(End of Clause)

FOR

RFP NO. N62742-24-R-1313

6. The provision at FAR 52.217-5, Evaluation of Options (JUL 1990), will apply as follows:

EVALUATION OF OPTIONS (JUL 1990)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the lump sum price of the options to the lump sum price of the basic requirement.

Evaluation of the options will not obligate the Government to exercise the options.

(End of Provision)

7. Additionally, the clause at FAR 52.217-7, Option for Increased Quantity – Separately Priced Line Item (MAR 1989), will apply as follows:

OPTION FOR INCREASED QUANTITY -- SEPARATELY PRICED LINE ITEM (MAR 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the options at the time of award or by written notice to the Contractor within 180 calendar days from the date of contract award. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

(End of Clause)

8. DFARS 252.247-7023, TRANSPORTATION OF SUPPLIES BY SEA. Within 30 days of each shipment, the Contractor is required to provide an electronic copy of the carrier’s bill of lading to the Contracting Officer and to MARAD via email. MARAD email: Cargo.MARAD@dot.gov (attn.: MIL team). In addition, the Contractor shall notify the Contracting Officer when oceanic shipments have been initiated within 3 working days of shipment.

FY 24 MCON P-870 9TH ENGINEERING SUPPORT BATTALION (ESB) WON# 1737354

TRAINING COMPLEX, US NAVSUPPACT, MARINE CORPS

BASE GUAM

N62742-24-R-1313

DOCUMENT 00 21 16

DOCUMENT 00 21 16

INSTRUCTIONS TO PROPOSERS

2/24

1.1 NUMBER OF COPIES/TIME OF RECEIPT

a. PRICE PROPOSAL (PAPER): An original paper and one (1) paper copy of the price proposal shall be submitted on 30 April 07 May 2024, 2:00 p.m., H.S.T. in a sealed envelope and marked in the bottom right corner

"PRICE PROPOSAL SUBMITTED UNDER RFP N62742-24-R-1313 - DO NOT OPEN IN MAILROOM." The

PRICE PROPOSAL shall include the following:

(1) Manually (wet signature) signed and completed SF 1442 (Solicitation, Offer and Award)(NOTE: SF1442

Block 14 shall include the offeror’s name and physical address exactly as shown in the System for Award

Management registration. If mailing address is different from physical address, both addresses may be shown in Block 14, however both addresses shall be EXACTLY as shown in SAM)

(2) Signed and completed Bid Guarantee

(3) Representations and Certifications (See Document 00 45 00)(COMPLETE ALL PROVISIONS)

(4) Information required by paragraph 1.5, Pre-Award Survey/Responsibility Determination

(5) Information required by paragraph 1.6, Partnerships, Joint Ventures (JV), Limited Liability Companies

(LLC), Limited Partnerships (LP), Etc.

b. TECHNICAL (FACTORS 1, 2 AND 3) (PAPER): An original paper and three (3) paper copies of the technical for Factors 1 and 2 shall be submitted on 30 April 07 May 2024, 2:00 p.m., H.S.T. in a sealed envelope/package/box and marked in the bottom right corner "TECHNICAL PROPOSAL SUBMITTED UNDER

RFP N62742-24-R-1313 - DO NOT OPEN IN MAILROOM." Identify the original proposal as "Original" on the cover of the proposal. The NON-PRICE PROPOSAL shall be submitted in a three-ring binder with table of contents and tabbed. The NON-PRICE PROPOSAL shall include the following:

(1) All information required by Factor 1, Experience

(2) All information required by Factor 2, Past Performance

(3) All information required by Factor 3, Safety

c. PRICE AND TECHNICAL PROPOSALS (ELECTRONIC): An electronic copy of the price and technical proposals shall be submitted in .pdf format on a CD-ROM with the paper copy of the subcontracting plan. The offeror is responsible for ensuring that all original paper and electronic copies are identical. Should there be a discrepancy between the paper and electronic versions, the paper copy shall govern.

d. Proposals shall be submitted as follows:

(1) If sent via U. S. Postal Mail/Express Courier:

NAVAL FACILITIES ENGINEERING SYSTEMS COMMAND, PACIFIC

Construction Contracts Branch (CON33)

258 Makalapa Drive, Suite 100

Pearl Harbor, HI 96860-3134

DOCUMENT 00 21 16

(2) If hand-carried (Delivery hours between 7:00 AM and 2:00 PM, Monday through Friday except Federal

Holidays)

NAVAL FACILITIES ENGINEERING SYSTEMS COMMAND, PACIFIC

Construction Contracts Branch (CON33)

4256 Radford Drive, Building 62 (if facing the building office is on the right. DO NOT drop off at the

Navy Federal Credit Union)

Honolulu, HI 96818-3296

1.2 INSTRUCTIONS FOR OBTAINING THE REQUEST FOR PROPOSAL

The RFP can be accessed at https://sam.gov. Printed copies of the RFP will not be issued.

1.3 INSTRUCTIONS FOR SUBMITTING QUESTIONS REGARDING SOLICITATION

Questions regarding the solicitation shall be submitted in writing in WORD format via electronic mail to Ms. Dayna

Matsumura at dayna.n.matsumura.civ@us.navy.mil Rachel Isara-Phan, rachel.m.isara-phan.civ@us.navy.mil.

Questions shall reference the drawing/detail and/or the specification section including paragraph number. Verbal queries will not be entertained. Responses to the questions will be provided in the form of a Notice and posted to the web site https://sam.gov. The Government may not respond to questions submitted less than 10 business days before the proposal receipt due date.

1.4 AMENDMENTS

Amendments will be posted to https://sam.gov. It is highly recommended that firms register on the SAM website as an interested vendor as this will be the only planholder’s list available. It is the offeror's responsibility to check the website periodically for any amendments to the solicitation.

1.5 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 the 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. The following information shall be submitted:

a. The offeror shall submit a document that appoints, in writing, one or more individuals, by name, each of whom will have full and independent authority to bind the offeror with respect to any act connected with this solicitation, including but not limited to: the submission and revisions of a proposal or proposals by the company, the conduct of discussion or negotiations, the submission of a Final Proposal Revision (FPR), and the execution of a contract and associated documents including bonds. Documents of appointment by a supporting resolution of the board of directors in the case of a corporation and by an instrument of similarly binding character in the case of an unincorporated entity. If bonds are not signed manually (wet signature), documents of appointment must include specific authorization and corporate approval for the use of electronic and facsimile signatures by the appointed individual(s).

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

c. 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 for each partner.

https://sam.gov/ mailto:dayna.n.matsumura.civ@us.navy.mil mailto:rachel.m.isara-phan.civ@us.navy.mil https://sam.gov/ https://sam.gov/

DOCUMENT 00 21 16

d. Newly-formed entities (e.g. limited liability companies (“LLC’s”), limited partnerships (“LTD’s”) and newly-created corporate subsidiaries) that is the entity liable for the contract ordinarily have no 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. The offeror shall provide a guaranty agreement (See Form DCMA

Form 1620 attached) for the contract price.

e. A list of existing commercial and government business commitments to include contract numbers, names of

Contracting Officers, telephone numbers, value of contract, completion date and percent complete. If the list of existing commitments is extensive, provide the required information on at least five projects of similar dollar value and a summary of the existing commitments to include number of contracts, total dollar value of all contracts, and total dollar value of work remaining.

f. Copy of the email confirmation of receipt notification of successful submission of the VETS-4212.

The information submitted for the pre-award survey will not be considered in the technical evaluation unless separately submitted pursuant to the technical evaluation factor submission requirements.

1.6 PARTNERSHIPS, JOINT VENTURES (JV), LIMITED LIABILITY COMPANIES (LLC), LIMITED

PARTNERSHIPS (LP), ETC.

Partnerships, Joint Ventures, Limited Liability Companies, Limited Partnerships and Mentor-Protégé arrangements shall submit the following documentation regarding their business entities:

a. A copy of the Partnership Agreement, JV Agreement(s), LLC Operating Agreement(s), LP Agreement(s), and/or Mentor-Protégé Agreement(s). Contractor shall provide an updated copy whenever any change is made to the agreement.

b. The proposal and each bond or other document submitted by or on behalf of the joint venture shall be executed by each joint venture partner and shall be accompanied by evidence of the authority of the signer. That authority shall be evidenced by a document satisfactory to the Contracting Officer, which would ordinarily be, in the case of a corporate joint venture partner, a certified copy of a resolution of the board of directors, and in the case of an unincorporated joint venture partner, an instrument of similarly binding character duly executed by that entity. If one individual signs for more than one partner, the individual must sign separately for each partner which he or she represents, and must state under each signature the capacity in which he or she is signing (See FAR 4.102).

c. Identify (by name and title) the personnel having the authority to legally bind the Offeror (including authority to execute the contract documents and bonds).

d. Procedures in the event the entity is dissolved.

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

(1) The relationship of the 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, control, and the controlling partner’s authority to obligate the entity.

(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.

DOCUMENT 00 21 16

f. Joint Ventures shall submit the following additional documentation regarding their business entities:

(1) Together with its proposal, each corporate joint venture partner shall submit evidence satisfactory to the

Contracting Officer that its board of directors has approved its participation in the joint venture. Such evidence shall be in the form of a copy of a resolution of the board of directors, certified by the Secretary of the Corporation.

(2) Together with its proposal, each joint venture partner which is an unincorporated entity shall submit evidence satisfactory to the Contracting Officer that all persons or entities which must approve decisions affecting the joint venture partner have approved the participation of the joint venture partner in the joint venture.

1.7 FAR 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 the SAM;

(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of

Contact sections of the registration in the 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 the 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).

https://www.acquisition.gov/content/subpart-3211-electronic-funds-transfer#i1080713 https://www.acquisition.gov/content/subpart-414-reporting-executive-compensation-and-first-tier-subcontract-awards#i1121746 http://www.sam.gov/ http://www.sam.gov/

DOCUMENT 00 21 16

(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.

1.8 FAR 52.204-16, COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (AUG 2020)

(a) Definition. As used in this provision –

Commercial and Government Entity (CAGE) code means–

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics

Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO

Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the

DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

(b) The Offeror shall provide its CAGE code with its offer with its name and location address or otherwise include it prominently in its proposal. The CAGE code must be for that name and location address. Insert the word “CAGE” before the number. The CAGE code is required prior to award.

(c) CAGE codes may be obtained via–

(1) Registration in the System for Award Management (SAM) at www.sam.gov. If the Offeror is located in the

United States or its outlying areas and does not already have a CAGE code assigned, the DLA Commercial and

Government Entity (CAGE) Branch will assign a CAGE code as a part of the SAM registration process. SAM registrants located outside the United States and its outlying areas shall obtain a NCAGE code prior to registration in

SAM (see paragraph (c)(3) of this provision).

(2) The DLA Contractor and Government Entity (CAGE) Branch. If registration in SAM is not required for the subject procurement, and the Offeror does not otherwise register in SAM, an Offeror located in the United States or its outlying areas may request that a CAGE code be assigned by submitting a request at https://cage.dla.mil.

(3) The appropriate country codification bureau. Entities located outside the United States and its outlying areas may obtain an NCAGE code by contacting the Codification Bureau in the foreign entity's country if that country is a member of NATO or a sponsored nation. NCAGE codes may be obtained from the NSPA at https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx if the foreign entity’s country is not a member of

NATO or a sponsored nation. Points of contact for codification bureaus, as well as additional information on obtaining NCAGE codes, are available at http://www.nato.int/structur/AC/135/main/links/contacts.htm.

(d) Additional guidance for establishing and maintaining CAGE codes is available at https://cage.dla.mil.

https://www.sam.gov/ https://www.sam.gov/ https://cage.dla.mil/ https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx http://www.nato.int/structur/AC/135/main/links/contacts.htm https://cage.dla.mil/

DOCUMENT 00 21 16

(e) When a CAGE code is required for the immediate owner and/or the highest-level owner by Federal Acquisition

Regulation (FAR) 52.204-17 or 52.212-3(p), the Offeror shall obtain the respective CAGE code from that entity to supply the CAGE code to the Government.

(f) Do not delay submission of the offer pending receipt of a CAGE code.

(g) If the solicitation includes FAR clause 52.204-2, Security Requirements, a subcontractor requiring access to classified information under a contract shall be identified with a CAGE code on the DD Form 254. The Contractor shall require a subcontractor requiring access to classified information to provide its CAGE code with its name and location address or otherwise include it prominently in the proposal. Each location of subcontractor performance listed on the DD Form 254 is required to reflect a corresponding unique CAGE code for each listed location unless the work is being performed at a Government facility, in which case the agency location code shall be used. The

CAGE code must be for that name and location address. Insert the word “CAGE” before the number. The CAGE code is required prior to award.

1.9 FAR 52.211-6, BRAND NAME OR EQUAL (AUG 1999)

(a) If an item in this solicitation is identified as “brand name or equal,” the purchase description reflects the characteristics and level of quality that will satisfy the Government’s needs. The salient physical, functional, or performance characteristics that “equal” products must meet are specified in the solicitation.

(b) To be considered for award, offers of “equal” products, including “equal” products of the brand name manufacturer, must—

(1) Meet the salient physical, functional, or performance characteristic specified in this solicitation;

(2) Clearly identify the item by—

(i) Brand name, if any; and

(ii) Make or model number;

(3) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and

(4) Clearly describe any modification the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modification.

(c) The Contracting Officer will evaluate “equal” products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer.

(d) Unless the offeror clearly indicates in its offer that the product being offered is an “equal” product, the offeror shall provide the brand name product referenced in the solicitation.

1.10 FAR 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-C2 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.

https://www.acquisition.gov/far/part-52#FAR_52_204_17 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_204_2

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1.11 FAR 52.214-34, SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE (APR 1991)

Offers submitted in response to this solicitation shall be in the English language. Offers received in other than

English shall be rejected.

1.12 FAR 52.214-35, SUBMISSION OF OFFERS IN U.S. CURRENCY (APR 1991)

Offers submitted in response to this solicitation shall be in terms of U.S. dollars. Offers received in other than U.S.

dollars shall be rejected.

1.13 FAR 52.215-1, INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION (NOV 2021)

(a) Definitions. As used in this provision-

Discussions are negotiations that occur after establishment of the competitive range that may, at the Contracting

Officer’s discretion, result in the offeror being allowed to revise its proposal.

In writing, "writing," or "written" means any worded or numbered expression that can be read, reproduced, and later communicated, and includes electronically transmitted and stored information.

Proposal modification is a change made to a proposal before the solicitation’s closing date and time, or made in response to an amendment, or made to correct a mistake at any time before award.

Proposal revision is a change to a proposal made after the solicitation closing date, at the request of or as allowed by a Contracting Officer as the result of negotiations.

Time, if stated as a number of days, is calculated using calendar days, unless otherwise specified, and will include

Saturdays, Sundays, and legal holidays. However, if the last day falls on a Saturday, Sunday, or legal holiday, then the period shall include the next working day.

(b) Amendments to solicitations. If this solicitation is amended, all terms and conditions that are not amended remain unchanged. Offerors shall acknowledge receipt of any amendment to this solicitation by the date and time specified in the amendment(s).

(c) Submission, modification, revision, and withdrawal of proposals. (1) Unless other methods (e.g., electronic commerce or facsimile) are permitted in the solicitation, proposals and modifications to proposals shall be submitted in paper media in sealed envelopes or packages (i) addressed to the office specified in the solicitation, and (ii) showing the time and date specified for receipt, the solicitation number, and the name and address of the offeror.

Offerors using commercial carriers should ensure that the proposal is marked on the outermost wrapper with the information in paragraphs (c)(1)(i) and (c)(1)(ii) of this provision.

(2) The first page of the proposal must show–

(i) The solicitation number;

(ii) The name, address, and telephone and facsimile numbers of the offeror (and electronic address if available);

(iii) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and agreement to furnish any or all items upon which prices are offered at the price set opposite each item;

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(iv) Names, titles, and telephone and facsimile numbers (and electronic addresses if available) of persons authorized to negotiate on the offeror’s behalf with the Government in connection with this solicitation; and

(v) Name, title, and signature of person authorized to sign the proposal. Proposals 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.

(3) Submission, modification, revision, and withdrawal of proposals. (i) Offerors are responsible for submitting proposals, and any modifications or revisions, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is

4:30 p.m., local time, for the designated Government office on the date that proposal or revision is due.

(ii) (A) Any proposal, modification, or revision received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and-

(1) If it was transmitted through an electronic commerce method authorized by the solicitation, 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 proposals; or

(2) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers; or

(3) It is the only proposal received.

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

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

(iv) If an emergency or unanticipated event interrupts normal Government processes so that proposals cannot be received at the office designated for receipt of proposals by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation, the time specified for receipt of proposals 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.

(v) Proposals may be withdrawn by written notice received at any time before award. Oral proposals in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile proposals, proposals may be withdrawn via facsimile received at any time before award, subject to the conditions specified in the provision at 52.215-5, Facsimile Proposals. Proposals may be withdrawn in person by an offeror or an authorized representative, if the identity of the person requesting withdrawal is established and the person signs a receipt for the proposal before award.

(4) Unless otherwise specified in the solicitation, the offeror may propose to provide any item or combination of items.

(5) Offerors shall submit proposals in response to this solicitation in English, unless otherwise permitted by the solicitation, and in U.S. dollars, unless the provision at FAR 52.225-17, Evaluation of Foreign Currency Offers, is included in the solicitation.

https://www.acquisition.gov/far/part-52#FAR_52_215_5 https://www.acquisition.gov/far/part-52#FAR_52_225_17

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(6) Offerors may submit modifications to their proposals at any time before the solicitation closing date and time, and may submit modifications in response to an amendment, or to correct a mistake at any time before award.

(7) Offerors may submit revised proposals only if requested or allowed by the Contracting Officer.

(8) Proposals may be withdrawn at any time before award. Withdrawals are effective upon receipt of notice by the Contracting Officer.

(d) Offer expiration date. Proposals in response to this solicitation will be valid for the number of days specified on the solicitation cover sheet (unless a different period is proposed by the offeror).

(e) Restriction on disclosure and use of data. Offerors that include in their proposals data that they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, shall-

(1) Mark the title page with the following legend:

This proposal includes data that shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed-in whole or in part-for any purpose other than to evaluate this proposal. If, however, a contract is awarded to this offeror as a result of-or in connection with-the submission of this data, the Government shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Government's right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contained in sheets [insert numbers or other identification of sheets]; and

(2) Mark each sheet of data it wishes to restrict with the following legend:

Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.

(f) Contract award. (1) The Government intends to award a contract or contracts resulting from this solicitation to the responsible offeror(s) whose proposal(s) represents the best value after evaluation in accordance with the factors and subfactors in the solicitation.

(2) The Government may reject any or all proposals if such action is in the Government’s interest.

(3) The Government may waive informalities and minor irregularities in proposals received.

(4) The Government intends to evaluate proposals and award a contract without discussions with offerors

(except clarifications as described in FAR 15.306(a)). Therefore, the offeror’s initial proposal should contain the offeror’s best terms from a cost or price and technical standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.

(5) The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit cost or prices offered, unless the offeror specifies otherwise in the proposal.

(6) The Government reserves the right to make multiple awards if, after considering the additional administrative costs, it is in the Government’s best interest to do so.

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(7) Exchanges with offerors after receipt of a proposal do not constitute a rejection or counteroffer by the

Government.

(8) The Government may determine that a proposal is unacceptable if the prices proposed are materially unbalanced between line items or subline items. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more line items is significantly overstated or understated as indicated by the application of cost or price analysis techniques. A proposal may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government.

(9) If a cost realism analysis is performed, cost realism may be considered by the source selection authority in evaluating performance or schedule risk.

(10) A written award or acceptance of proposal mailed or otherwise furnished to the successful offeror within the time specified in the proposal shall result in a binding contract without further action by either party.

(11) If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(i) The agency’s evaluation of the significant weak or deficient factors in the debriefed offeror’s offer.

(ii) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(iii) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(iv) A summary of the rationale for award.

(v) For acquisitions of commercial products, the make and model of the product to be delivered by the successful offeror.

(vi) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

1.14 FAR 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—

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(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).

1.15 FAR 52.216-1, TYPE OF CONTRACT (APR 1984)

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

1.16 FAR 52.222-5, CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE

WORK (MAY 2014)

(a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements, of this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.

(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting

Officer.

(2) The due date for receipt of offers will not be extended as a result of an offeror’s request for a wage determination for a secondary site of the work.

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

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

(a) The offerors 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 Goals for female for each trade participation for each trade

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These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract

Compliance Programs office.

(c) The Contractor's compliance with Executive Order 11246 as amended, and the regulations in 41 CFR 60.4 shall be based on 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…