Released-Solicitation-W912C321Q003A-BathroomsBLDG689-20210803.pdf
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0011646659
Job: RENOVATION OF TWO RESTROOMS AT BUILDING 689 (COMMISSARY) FORT BUCHANAN PUERTO RICO.
The contractor shall provide personnel, supervision, tools, equipment, materials, insurance, and all necessary to perform Renovation of Restrooms at Building 689 at Fort Buchanan, PR. All w ork shall be in accordance w ith the Statement of Work (SOW), Unified Facilities Guide Specif ications (UFGS), and all other applicable specifications, regulations, federal and state law s, and all terns and conditions stated herein.
This requirement is 100% set-aside for Service Disabled Veteran Ow ned certif ied small business.
The applicable NAICS code is 238220 a size standard of $16,500,000.
The estimated value of this project is betw een $100,000 and $250,000.
A bid guarantee equal to 20% (percent) of the quote shall be provided by vendors.
Attached:
(1) Draw ings dpw -pr-001-21: PATRON'S RESTROOM RESTORATION Bldg. 390, Fort Buchanan Puerto Rico. 6 Pages, Dated: April 2021
(2) Attach-SOW-Renov.RestroomsB689-20210802-Rev.
MARIA D. OTERO 787-707-3985
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".
10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS
NEGOTIATED
03-Aug-2021
(RFP)
(IFB)
CALL:
B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)
See Item 7
2. TYPE OF SOLICITATION
SEALED BID
3. DATE ISSUED
9. FOR INFORMATION A. NAME
SOLICITATION
NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)
Prescribed by GSA
FAR (48 CFR) 53.236-1(e)
11. The Contractor shall begin performance w ithin _______10 calendar days and complete it w ithin ________90 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________FAR 52.211-10
12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?
(If "YES," indicate within how many calendar days after award in Item 12B.)
X YES NO
13. ADDITIONAL SOLICITATION REQUIREMENTS:
A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specified in Item 8 by ___________ local time ______________02 Sep 2021 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.
shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.
B. An offer guarantee X is, is not required.
C. All offers are subject to the (1) w ork requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.
D. Offers providing less than _______90 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.
SOLICITATION, OFFER,
AND AWARD
(Construction, Alteration, or Repair)
1. SOLICITATION NO.
IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.
4. CONTRACT NO.
7. ISSUED BY CODE
MICC - FT BUCHANAN
FT BUCHANAN
DIRECTORATE OF CONTRACTING
34 SOUTH GATE RD, STE 1104
FORT BUCHANAN PR 00934-4206
W912C3
PAGE OF PAGES
1 OF
CODE
(Title, identifying no., date):
12B. CALENDAR DAYS
10:00 AM (hour)
Sealed envelopes containing offers
5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.
8. ADDRESS OFFER TO (If Other Than Item 7)
787-707-2491FAX:TEL: 787-707-2487 TEL: FAX:
W912C321Q003A 45
20B. SIGNATURE
(REV. 4-85)STANDARD FORM 1442 BACK
TO SIGN
NSN 7540-01-155-3212
SOLICITATION, OFFER, AND AWARD (Continued) (Construction, Alteration, or Repair)
CODE FACILITY CODE
17. The offeror agrees to perform the w ork required at the prices specif ied below in strict accordance w ith the terms of this solicitation, if this offer is accepted by the Government in w riting w ithin ________ calendar days after the date offers are due.
the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)
AMOUNTS SEE SCHEDULE OF PRICES
18. The offeror agrees to furnish any required performance and payment bonds.
19. ACKNOWLEDGMENT OF AMENDMENTS
(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)
AMENDMENT NO.
DATE
20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN
OFFER (Type or print)
AWARD (To be completed by Government)
21. ITEMS ACCEPTED:
22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA
24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM
(4 copies unless otherwise specified)
CODE
(Insert any number equal to or greater than
20C. OFFER DATE
25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO
10 U.S.C. 2304(c) 41 U.S.C. 253(c)
CODE27. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY
(Include ZIP Code)14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NO. (Include area code)
See Item 14
(Include only if different than Item 14)16. REMITTANCE ADDRESS
30B. SIGNATURE
29. AWARD (Contractor is not required to sign this document.)
document and return _______ copies to issuing office.) Contractor agrees Your of f er on this solicitation, is hereby accepted as to the items listed. This award con-to f urnish and deliv er all items or perf orm all work, requisitions identif ied summates the contract, which consists of (a) the Gov ernment solicitation and on this f orm and any continuation sheets f or the consideration stated in this y our of f er, and (b) this contract award. No f urther contractual document is contract. The rights and obligations of the parties to this contract shall be necessary .
gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certif ications, and specif ications or incorporated by ref er-ence in or attached to this contract.
30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)
30C. DATE
(Type or print)
TEL: EMAIL:
31B. UNITED STATES OF AMERICA 31C. AWARD DATE
BY
CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE
(Contractor is required to sign this28. NEGOTIATED AGREEMENT
(M ust be fully completed by offeror)OFFER
W912C321Q003A
Section 00010 - Solicitation Contract Form
INSTRUCTIONS TO VENDORS
1. The requirement is for Renovation of Two Restrooms at Building 689 (Commissary) Fort Buchanan Puerto Rico. An Award for this requirement will be made pursuant to FAR 13, Simplified Acquisition Procedures.
2. Quotes shall be emailed to Maria Otero at email: maria.d.otero4.civ@mail.mil with a copy to Carla Rosario at email: carla.m.rosario-rivera.civ@mail.mil.
Quotes are due to the Government on or before the time listed on the 1442, Puerto Rico time. It is the contractor’s responsibility to ensure their quote is received by the due date and time. Contractor shall submit a signed SF 1442, Amendments issued, if any, any other requested information in the Request for Quote.
3. If a quote is based on a teaming/partnering relationship or a joint venture, the contractor shall provide, with the quote, all required solicitation information for all parties including a copy of the teaming/partnering or joint venture agreement. The agreement shall include information, which identifies the responsibilities for each entity under this contract. The agreement shall demonstrate the relationship between firms and identify contractual relationships and authorities to bind each entity of the teaming/partnering or joint venture relationship.
4. This procurement is 100% Set-Aside for Service Disabled Veteran Owned Small Business under NAICS Code 238220 with a size standard of $16.5 Million.
5. Period for acceptance of quotes. The offeror agrees to hold the prices in it offer firm for 90 days.
6. Site Visit. The COVID-19 Pandemic has drastically impacted the nation causing many unprecedented challenges on our day-to-day work. The COVID-19 situation has impacted the Army’s and more specific, the MICC Fort Buchanan’s ability to conduct acquisition processes based on normal practices. The following change is intended to assist in the continuation of the acquisition process in a transparent manner. The changes will allow the Government to conduct one (1) scheduled Site Visit while ensuring safety and compliance with social distancing amid COVID- 19 Pandemic.
A site visit will be conducted on 16 August 2021 at 9:00 a.m. The government will meet interested vendors at 8:00 AM (sharp) at the Visitor Control Center Parking (VCC) lot. Interested vendors shall have a valid driver’s license (REAL ID) or passport in order to enter Fort Buchanan. Maximum of one (1) person from each company will be allowed.
Person attending the site visit shall wear and use a medical mask (defined as surgical or procedure masks that are flat or pleated; they are affixed to the head with straps that go around the ears or head or both) throughout visit and completion.
Site visitors shall observe six (6) feet of distance from others at all times.
In addition, compliance with hand hygiene shall also be adhered or wearing of gloves as it is critical to prevent human-to-human transmission of COVID-19.
7. Written questions. Must be furnished to the Government no later 18 Aug 2021; 11:00 am local time; in order to ensure a timely response is provided by the solicitation closing date. All questions are to be submitted in writing at the time indicated in the solicitation or they may not be addressed before solicitation closing date; therefore, contractors are advised to submit questions as soon as possible. Please provide your company name, telephone, point of contact, e-mail address, and solicitation number on all questions. The Government will respond to questions via the issuance of an amendment which incorporates the question and the Government’s response.
8. VENDOR’S DUNS NUMBER ______________________________.
9. VENDOR’S TAXPAYER ID #______________________________.
10. VENDOR’S CAGE CODE __________________________________.
11. SYSTEM for AWARD MANAGEMENT (SAM) REGISTRATION: An Active SAM Registration is required of all Department of Defense contractors. SAM registration enables electronic funds transfer of contract payments.
If your company is not already actively registered, please register in the SAM database at www.sam.gov. If your company is currently registered and close to expiring, begin/complete the process for SAM registration renewal. In addition, contractors shall complete all representation and certifications in SAM and include Certification of FAR 52.204-26.
a. A DUNS number is required for SAM registration. If your company does not have a DUNS #, obtain one by calling 800-333-0505.
b. If the prospective awardee for this request for quotes is not actively registered in the SAM database by close of solicitation, including NAICS 238220, or a NAICS of similar business size, the government reserves the right to proceed to award to the next otherwise successful actively registered contractor.
c. Prospective contractors who have not completed electronic annual representations and certifications at http://www.sam.gov/ in conjunction with required registration in the System for Award Management (SAM) database, shall complete Representations and Certifications in SAM.
12. Contract Specialist: Maria Otero If you have questions pertaining to the Purchase Order after contract award, please request assistance from the Contract Specialist. Be sure to include the contract number in your request for assistance. Requesting contract assistance from any other individual could result in a delayed response.
13. Contracting Officer: Carla Rosario
14. Contracting Officer’s Representative (COR): To Be Determined at the time of Award.
15. Basis for Award: The Government intends to evaluate quotes and award a contract without discussions.
Therefore, the contractor’s initial offer should contain the contractor’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all quotes if such action is in the public interest and waive informalities and minor irregularities in quotes received.
The price proposed in response to this solicitation shall include all costs, state sales taxes, permits, licenses and the overall project management, superintendence and quality control, and any other related costs for planning and execution of “Renovation of Two Restrooms at Building 689 Fort Buchanan Puerto Rico”.
Unit prices shall not exceed two decimal places.
The Government reserves the right to reject any quote that is conditioning the price.
16. Postaward Conference: The Contracting Officer/Contract Specialist will be conducting a Postaward Conference. The awardee will be notified and will be required to attend. The Contracting Officer’s notification will include specific details regarding the date, time, and location of the conference, any need for attendance by subcontractors, and information regarding the items to be discussed.
17. Insurance. For required insurance see FAR Clause 52.228-5, Insurance - - Work on a Government Installation in this solicitation.
18. DOING BUSINESS IN PUERTO RICO. Offerors are cautioned to research and get familiarized with requirements of doing business in Puerto Rico (i.e. Sistema Unificado de Rentas Internas (SURI), taxes, etc.
19. NOTICE TO DOD EMPLOYEES AND CONTRACTORS ON PROTECTING CLASSIFIED INFORMATION
AND THE INTEGRITY OF UNCLASSIFIED GOVERNMENT INFORMATION TECHNOLOGY (IT)
SYSTEMS
The recent disclosure of U.S. Government documents by WikiLeaks has caused damage to our national security.
Each DoD employee and contractor is obligated to protect classified information and the integrity of government IT systems in accordance with applicable laws and DoD policies.
Unauthorized disclosures of classified documents (whether in print, on a blog, or on websites) do not alter the documents’ classified status or automatically result in declassification of the documents. To the contrary, classified information, whether or not already posted on public websites or disclosed to the media, remains classified, and must be treated as such by DoD employees and contractors, until it is declassified by an appropriate original classification authority.
DoD employees and contractors are reminded of the following obligations with respect to protecting classified information and the integrity of unclassified government IT systems.
DoD employees or contractors shall not access classified information unless they have:
o Received a favorable determination of eligibility for access by an appropriate authority, o Signed an approved nondisclosure agreement, o Demonstrated a need to know the information, and o Received training on proper safeguarding of classified information and on the criminal, civil, and administrative sanctions that may be imposed on an individual who fails to protect classified information from unauthorized disclosure.
DoD employees or contractors shall not remove classified information from official premises or disclose it without proper authorization.
Except as authorized by DoD policy and procedures, DoD employees or contractors shall not, while accessing the web on unclassified government systems (including BlackBerries or other smartphones), access or download documents that are marked classified (including classified documents publicly available on WikiLeaks.org and other websites), as doing so risks putting classified information on unclassified IT systems.
This requirement applies to accessing or downloading that occurs using government computers or employees’ or contractors’ personally owned computers that access unclassified government systems, either through remote Outlook access or other remote access capabilities that enable connection to these government systems.
This requirement does not restrict employee or contractor access to unclassified, publicly available news reports (and other unclassified material) that may in turn discuss classified material, as distinguished from access to the underlying classified documents available on public websites or otherwise in the public domain.
DoD employees or contractors shall refer all public queries on this matter to their servicing Public Affairs office;
they shall neither confirm or deny the presence of classified information in articles or websites in the public domain.
DoD employees or contractors shall refer Congressional queries pertaining to the presence of classified information in articles or websites in the public domain to their servicing Congressional Affairs office.
DoD employees and contractors who believe they have inadvertently accessed or downloaded classified information from a public website via an unclassified government IT system, or without prior authorization, shall contact theirinformation assurance manager (IAM) or information assurance office (IAO) for assistance. Note: In the case of classified documents inadvertently accessed or downloaded from the WikiLeaks website or other websites posting WikiLeaks-related classified documents, the IAM will document each occurrence and delete the affected file
(s) by holding down the SHIFT key while pressing the DELETE key for Windows-based systems. No incident report or further sanitization of government IT systems is required. This guidance pertains only to the accessing or downloading of the classified documents described above because of the extent of the compromise and the prohibitive cost of standard sanitization procedures. All other classified spillages must be handled in accordance with existing regulations.
20. CONTRACTOR’S CERTIFICATION: Please see Certification in this solicitation and complete
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 1 Job
RENOVATION OF TWO RESTROOMS B689
FFP
The contractor shall provide personnel, supervision, tools, equipment, materials, insurance, and all necessary to perform Renovation of Two Restrooms at Building 689 (Commissary), Fort Buchanan, PR. All work shall be in accordance with the Statement of Work (SOW), Unified Facilities Guide Specifications (UFGS), and all other applicable specifications, regulations, federal and state laws, and all terms and conditions stated herein.
FOB: Destination
PURCHASE REQUEST NUMBER: 0011646659
PSC CD: Z2AA
NET AMT
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 Destination Government Destination Government
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 90 dys. ANP 1 W1H1 USAG FT BUCHANAN
W1H1 USAG FT BUCHANAN
DPW LOGISTICS DIVISION
BLDG 37 SOUTH GATE RD
FORT BUCHANAN 00934-4206
210-466-0553 FOB: Destination
W81YDN
CONTRACTORS CERTIFICATION
FAR 4.102: Contractor’s signature
(a) Individuals. A contract with an individual shall be signed by that individual. A contract with an individual doing business as a firm shall be signed by that individual, and the signature shall be followed by the individual’s typed, stamped, or printed name and the words “, an individual doing business as ___________________________” [insert name of firm].
(b) Partnerships. A contract with a partnership shall be signed in the partnership name. Before signing for the Government, the contracting officer shall obtain a list of all partners and ensure that the individual(s) signing for the partnership have authority to bind the partnership.
(c) Corporations. A contract with a corporation shall be signed in the corporate name, followed by the word “by” and the signature and title of the person authorized to sign. The contracting officer shall ensure that the person signing for the corporation has authority to bind the corporation.
(d) Joint venturers. A contract with joint venturers may involve any combination of individuals, partnerships, or corporations. The contract shall be signed by each participant in the joint venture in the manner prescribed in paragraphs (a) through (c) of this section for each type of participant. When a corporation is participating, the contracting officer shall verify that the corporation is authorized to participate in the joint venture.
(e) Agents. When an agent is to sign the contract, other than as stated in paragraphs (a) through (d) of this section, the agent’s authorization to bind the principal must be established by evidence satisfactory to the contracting officer.
CONTRACT REQUIREMENTS
AWARD OF CONTRACT AND NOTICE TO PROCEED (NTP)
a. Generally, a mobilization period will be authorized at the beginning of the period of performance to allow for pre-construction tasks, submission of the progress schedule (FAR 52.236-15), construction requirements, material submittals and subcontractor agreements).
b. A Notice to Proceed will be given only after approval of required Insurance document iaw 52.228-5. No billable work shall commence under this contract until after the contractor receives the NTP.
c. Barring any contingencies beyond the contractor’s control, work shall commence on the job site no later than cited elsewhere in this solicitation following the date of contract award, and all construction and contractual requirements shall be completed no later than the ending date of the period of performance cited elsewhere in this solicitation.
Federal Holidays are as follows:
January 1st 1st Monday of September 3rd Monday of January 2nd Monday of October 3rd Monday of February November 11th
Last Monday of May 4th Thursday of November July 4th December 25th
Juneeth July 18 Good Friday
Individual guidance will be provided for other unscheduled Presidential issued Federal Holiday.
When a Federal holiday falls on a Sunday, the following Monday will be considered the official observed holiday;
likewise, when a Federal holiday falls on a Saturday, the preceding Friday will be considered the official observed holiday.
b. Any and all work requested by the contractor outside the normal working hours identified above shall be approved no later than three business days in advance and in writing by the Contracting Officer. Work outside the normal workday will not be granted for the express convenience of the contractor to repair a failing performance schedule. Re-scheduling of work prevented by weather conditions or other circumstances beyond the contractor’s control should be made through a written request for extension of the task order contract period under the authority of 52.236-2, Differing Site Conditions, or 52.249-10, Termination for Default (Fixed-Price Construction).
LEGAL COMPLIANCE
The Contractor shall comply with all Federal, State, and Local laws, codes, and regulations applicable to his performance under this contract, and shall be solely responsible for all costs associated with said compliance.
CONTRACT PROGRESS REPORTING
a. The Contract Progress Schedule, will be used to satisfy the submission requirements of FAR 52.236-15, “Schedules for Construction Contracts”.
b. Work elements entered in column B of the progress schedule should be limited to those tasks which will indicate the progress of the work under the contract and which can be identified and measured by personnel monitoring the Contractor’s progress.
c. Appropriate revisions will be made to the existing approved progress schedule whenever an approved change to the performance period is authorized by a contract modification. No adjustments or extensions in the performance period will be authorized without a duly executed contract modification.
d. A “Contract Progress Report”, shall be initiated weekly and delivered to the Contracting Officer and the COR simultaneously. Progress reports shall include both the percentage of work completed within the rated period and a cumulative total of work completed under the contract/task order to date. Progress reports shall be issued weekly; submitted progress reports will be reviewed by the Contracting Officer (or designated representative) and returned for correction as necessary.
REQUIRED INSURANCE
In accordance with FAR clause 52.228-5 entitled, “Insurance--Work on a Government Installation” the following minimum amounts of insurance are required.
Workmen’s Compensation As required by state laws Employer’s Liability Insurance $100,000 per occurrence General Liability Insurance $500,000 per occurrence
Bodily Injury Liability Auto Liability Insurance $200,000 per person Bodily Injury $500,000 per occurrence Property Damage $20,000 per occurrence
Within ten (10) calendar days after contract award, the Contractor shall submit the insurance policies. The policies evidencing required insurance shall contain an endorsement to the effect that “any cancellation or any material change adversely affecting the Government’s interest shall not be effective (1) for such period as the laws of the state in which this contract is to be performed, or (2) until 30 days after insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer”.
SOFB-DOC Form 3000-R-E, Feb 2002
SOFB-DOC Form 3000-R-E, Transmittal of Shop Drawings, Equipment Data, Material Samples, or Manufacturer’s Certifications, shall be used in satisfying the material approval requirements of FAR 52.236-5.
All material submittals shall be delivered to the Contracting Officer (or authorized representative) in electronic format (as much as is practicable). Only those submittal documents and samples not capable of being transported electronically are to be submitted in hard copy.
Questions on the status of submittals shall be directed to the Contracting Officer (or authorized representative) via e-mail.
Project schedules shall be submitted the same as all other submittals and shall be accompanied by a transmittal sheet. The contract specialist (CS) will return the signed schedule and transmittal to the contractors and copy the
COR.
Submittal/transmittal sheets with any incorrect or missing information will be rejected immediately without review.
Rejection of incorrectly completed transmittals shall not be a basis for consideration for a contract extension.
FINAL INSPECTION
a. When the Contractor considers the work complete, they shall request a final inspection 7 days prior to the desired date. Final inspection shall be performed with the Contractor, Government personnel and representatives of the using activity.
b. During the final inspection, any discrepancies identified by the Government team will be documented in the
Government’s punch list and provided to the Contractor for correction and re-inspection within 10 days from the date of the joint inspection.
c. Final acceptance of the work occurs upon the Contracting Officer’s acceptance of the work subsequent to successful final inspection by the COR and receipt of all contract requirements. Final acceptance must occur prior to the established contract completion date or liquidated damages may be assessed for late performance.
MATERIAL APPROVAL SUBMITTALS: All materials and articles requiring approval, as indicated on the submittal register, shall be submitted after 10 calendar days after contract award, by the contractor using the forms furnished. See the attached specifications.
SAFETY AND ACCIDENT PREVENTION: In performing work under this contract, the contractor shall – Conform to the specific safety requirements established by this contract;
Comply with the safety rules of the Government installation that concern related activities not directly addressed in this contract, the Installation Safety Officer will be responsible for monitoring the contractor in the area of safety and accident prevention;
Take all reasonable steps and precautions to prevent accidents and preserve the life and health of contractor and Government personnel performing or in any way coming on contact with the performance of this contract;
Take such additional immediate precautions as the Contracting Officer may reasonably require for safety and accident prevention purposes; and shall comply with all OSHA Rules, Regulations and US Army Corps of Engineers Safety and Health Requirements Manual.
WORK PERFORMANCE: All work performed under this contract shall conform to the best practices of the trade or class of work involved and shall be executed in a careful and orderly manner by workmen skilled in their respective trades. All work shall be performed in strict accordance with the drawings and/or specifications or to current industry standards when not specified.
CLEANING: The Contractor shall at the end of each working day remove from the site all debris resulting from the performance of work. The debris will not be dumped on Government property unless a non-government owned dumpster issued. If the Contractor uses a dumpster, it shall be emptied before becoming full as to spill onto the surrounding area. The area around the dumpster shall be kept free of debris. The daily cleaning work will not alleviate the Contractor from the responsibility of the final cleaning for acceptance, upon completion of all work.
DAMAGE: The Contractor shall be responsible to repair and/or replace any damage caused by the Contractor at the site of construction, at no additional cost to the Government, and at the discretion of the Contracting Officer.
SPEED LIMITS: The Contractor’s personnel, when operating motor vehicles, shall not exceed the specified speed limits to include those when passing military troops on the roadways, and abide by all post speed limits.
CONTRACTOR QUALITY CONTROL: The Contractor shall provide and maintain an effective quality control program that complies with the contract clause entitled “Inspection of Construction” (FAR 52.246-12).
RELATIONSHIP BETWEEN GOVERNMENT, CONTRACTOR AND CONTRACTOR PERSONNEL
1. The Government and the Contractor understand and agree that the services to be delivered under this contract are non-personal services and that no employer-employee or master-servant relationship exists or will exist under the contract between the Government and the Contractor or between the Government and the Contractor's personnel. Further, the Contractor is not the Government's agent.
2. The Government will not exercise any supervision or control over Contractor personnel performing services under this contract. Contractor personnel shall not become an integrated part of the Government organization in connection with performance under this contract.
3. The work required under this contract does not require or authorize the Contractor or his employees to exercise personal judgment and discretion on behalf of the Government, but rather, the Contractor's employees shall act and exercise personal judgment and discretion on behalf of the Contractor.
CONDUCT OF EMPLOYEES: The contractor is fully responsible for the performance and conduct of his employees at all times while on post performing under the contract. The Contractor shall not allow any employee to perform work under the contract while under the influence of alcohol, drugs or any other incapacitating agent.
Military police and other law enforcement personnel on post have the right to deny entry to post or remove from post any contractor employee for misconduct, which endangers the health or safety of people or property or for reasons of security. In addition, the Post Commander may bar an individual from entering the post under the authority of 18 U.S.C. 1382. Removal from post of a contractor employee in accordance with above shall not relieve the Contractor from the requirement to meet all of the terms and conditions of the contract.
HOLD HARMLESS
a. The Government, it’s Officers and Agents will be free from liability for any negligence occasioned by the Contractor’s operations, employees or equipment. In addition, the Contractor will reimburse the Government for any damage and/or loss that occurs as a result of the Contractor’s negligent operations, employees or equipment.
b. The contractor shall hold the Government harmless against any liability imposed by a Federal, State, or Local regulatory agency, resulting from the negligent acts or willful misconduct of the contractor to include assessment of a civil or administrative penalty or fine.
SECURITY: At all times during the performance of work within this facility, the Contractor and his or her employees shall remain cognizant of the security restrictions existing within the facility. The Contractor’s employees shall ensure that any doors, windows or access panels which may have been opened for them during the course of the work period are secured at the end of the day. The Contractor and his or her employees may store tools and equipment within the work area; however, recognize that they do so at their own risk even if the area can be secured. Circumstance which appear unusual, unhealthy or otherwise hazardous shall be reported to the COR immediately. Other circumstances which should be reported to the COR shall include, but not limited to the following:
Lack of an Escort: The Contractor shall report any incident in which no escort is provided for scheduled work within secured areas of the building or any occurrence during which an escort leaves the Contractor’s employees while within a secure area.
BONA FIDE NEED: Defense Financial Management Regulation (Vol. 3, Ch. 8, para. 080303.C) requires that work obligated by funds in the current fiscal year commence prior to1 January of the following calendar year if obligation occurred near the end of the fiscal year. Commencement can be physical on-site work or documented evidence that costs have been incurred or materials have been ordered. It is anticipated that the notice to proceed or task order will be issued in sufficient time to comply with this regulation. However, the Contractor shall not commence work until after the date of receipt of the notice to proceed.
ADMINISTRATIVE INFORMATION
All contract actions, after award of the contract, shall be directed to the following:
Contract Specialist:
Maria Otero Tel: 787-707-3985 email: maria.d.otero4.civ@mail.mil
Contracting Officer:
Carla Rosario Tel: 787-707-4528 email: carla.m.rosario-rivera.civ@mail.mil
Contracting Officer Representative (COR)
TBD
Tel:
email:
Section 00100 - Bidding Schedule/Instructions to Bidders
CLAUSES INCORPORATED BY REFERENCE
52.204-7 System for Award Management OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-22 Alternative Line Item Proposal JAN 2017 252.215-7013 Supplies and Services Provided by Nontraditional Defense
Contractors.
JAN 2018
CLAUSES INCORPORATED BY FULL TEXT
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
N/A 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 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 Puerto Rico.
(End of provision)
52.228-1 BID GUARANTEE (SEP 1996)
(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.
(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States.
The Contracting Officer will return bid guarantees, other than bid bonds, (1) to unsuccessful bidders as soon as practicable after the opening of bids, and (2) to the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.-
(c) The amount of the bid guarantee shall be 20% percent of the bid price.
(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.
52.236-27 SITE VISIT (CONSTRUCTION) (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) Site visits may be arranged during normal duty hours by contacting:
See instructions to Vendors for site visit date, time and requirements.
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/
Section 00600 - Representations & Certifications
52.204-26 Covered Telecommunications Equipment or Services--
Representation.
OCT 2020
52.219-27 Notice of Service-Disabled Veteran-Owned Small Business Set-Aside
MAR 2020
52.219-28 Post-Award Small Business Program Rerepresentation NOV 2020 252.203-7005 Representation Relating to Compensation of Former DoD
Officials
NOV 2011
252.204-7008 Compliance With Safeguarding Covered Defense Information Controls
OCT 2016
252.204-7016 Covered Defense Telecommunications Equipment or Services -- Representation
DEC 2019
252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation
MAY 2021
252.225-7974 (Dev) Representation Regarding Business Operations with the Maduro Regime (DEVIATION 2020-O0005)
FEB 2020
52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2020)
(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 238220.
(2) The small business size standard is $16,500,000.
(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.
(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.
(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:
( ) Paragraph (d) applies.
( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.
(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:
(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—
(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;
(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or
(C) The solicitation is for utility services for which rates are set by law or regulation.
(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.
(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation. This provision applies to all solicitations.
(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.
(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—
(A) Are not set aside for small business concerns;
(B) Exceed the simplified acquisition threshold; and
(C) Are for contracts that will be performed in the United States or its outlying areas.
(vi) 52.204-26, Covered Telecommunications Equipment or Services--Representation. This provision applies to all solicitations.
(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations--Representation.
(viii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.
(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.
(x) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.
(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.
(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.
(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.
(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.
(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.
(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.
(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.
(xv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.
(xvi) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.
(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.
(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.
(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.)
(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.
(xxi) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3.
(A) If the acquisition value is less than $25,000, the basic provision applies.
(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.
(C) If the acquisition value is $50,000 or more but is less than $83,099, the provision with its Alternate II applies.
(D) If the acquisition value is $83,099 or more but is less than $100,000, the provision with its Alternate III applies.
(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.
(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.
(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.
(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.
(2) The following representations or certifications are applicable as indicated by the Contracting Officer:
[Contracting Officer check as appropriate.]
(i) 52.204-17, Ownership or Control of Offeror.
(ii) 52.204-20, Predecessor of Offeror.
(iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.
(iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.
(v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.
(vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA- Designated Products (Alternate I only).
(vii) 52.227-6, Royalty Information.
(A) Basic.
(B) Alternate I.
(viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.
(d) The Offeror has completed the annual representations and certifications electronically in SAM accessed through https://www.sam.gov. After reviewing the SAM information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [ offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
FAR Clause Title Date Change
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.
252.204-7007 ALTERNATE A, ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAY 2021)
Substitute the following paragraphs (b), (d) and (e) for paragraphs (b) and (d) of the provision at FAR 52.204-8:
(b)(1) If the provision at FAR 52.204-7, System for Award Management, is included in this solicitation, paragraph
(e) of this…
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