RFQ 70FBR220Q00000057.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

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

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

3. DATE ISSUED

IMPORTANT -- The "offer" section on the reverse must be fully completed by offeror.

9.

INFORMATION

a. NAME b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

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

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

DR4473-PR JFO

FEMA DISTRIBUTION CARIBBEAN

SAN JUAN INDUSTRIAL PARK

QUEBRADA ARENAS WARD

DR4473-PR JFO

CARR 1 KM 253

SAN JUAN PR 00926

Maurice D. Randolph

DR-4493-PR FEMA Contracting Officer maurice.randolph@fema.dhs.gov

Maurice Randolph 202-705-9861

104/09/2020

1. SOLICITATION NO.

70FBR220Q00000057

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

PROJECT TITLE: Construction effort to design and installation of temporary potable water and sanitary piping and electrical installation for temporary structures located at Mayaguez Medical Center, Mayaguez, Puerto Rico. FEMA has a need for build out of potable water and grey water piping with water storage and or services to empty out grey waters and electrical installation for temporary Western Shelter containerized kitchen, two laundry, and two-bathroom facilities at Mayaguez Medical

Center’s back parking lot.

PROJECT MAGNITUDE: LESS THAN $75,000.00

DETAILS: The Department of Homeland Security (FEMA) is requesting services for constructing and installation of potable water, grey water piping and electrical connection of containerized personal hygiene and kitchen facilities for the temporary Western Shelter Hospital located at Mayaguez Medical Center. Contractors may propose using existing potable water and sanitary piping at Mayaguez Medical

Center and installing an independent water management system using water tanker pumps and water storage system. Contractors shall also provide a proposal for installation of electrical connectivity and grounding of containerize facility.

Continued ...

11. The Contractor shall begin performance

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

award, notice to proceed. The performance period is mandatory negotiable. (See ________________________________________________.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and is not required.is, b. An offer guarantee

c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

d. Offers providing less than

12b. CALENDAR DAYSYES NO

(If "YES", indicate within how many calendar days after award in Item 12b.)

4 4 calendar days and complete it within ________________ ________________ calendar days after receiving

04/11/2020

NSN 7540-01-155-3212

x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time calendar days for Government acceptance after the date offers are due will not be considered and will be rejected . _________________

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

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

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

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

CODE FACILITY CODE

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

(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) 20b. SIGNATURE 20c. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this document and return (Contractor is not required to sign this document.)

Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award.

No further contractual document is necessary.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31a. NAME OF CONTRACTING OFFICER (Type or print)

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. DATE

BY

2PAGE OF

FEMA REGION II

FEDERAL EMERGENCY MANAGEMENT AGENCY

REGION II

1 WORLD TRADE CENTER

FEMA R02

52ND FLOOR

NEW YORK NY 10007

Perry Toomer

28. NEGOTIATED AGREEMENT 29. AWARD

Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, copies to issuing office.)

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

STANDARD FORM 1442 (REV. 4-85) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 3

CONTINUATION SHEET

PAGE OFREFERENCE NO. OF DOCUMENT BEING CONTINUED

70FBR220Q00000057

PROJECT SCHEDULE: FEMA requests all work be completed, and the worksite returned to pre-construction condition within four (4) calendar days of receipt of award.

SITE LOCATION:

Mayaguez Medical Center

Ave. Hostos #410

PR-2 Bo Sabalos

Mayaguez, PR 00681

The Contractor shall complete all work as requested in the attached Statement of

Objective(SOO). The Contractor shall perform to the standards in the contract, and process all work in a professional manner, in accordance with traditionally recognized construction practices and techniques.

FOB: Destination

0001 Contractor shall provide all necessary labor, equipment and materials for constructing and installation of potable water, grey water piping and electrical connection of containerized personal hygiene and kitchen facilities for the temporary Western Shelter Hospital located at

Mayaguez Medical Center.

Product/Service Code: Y1PZ

Product/Service Description: CONSTRUCTION OF

OTHER NON-BUILDING FACILITIES

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

PART I – THE SCHEDULE

SECTION C

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C-1 This construction will be in accordance with the attached Statement of Work (SOW). Prior to the initial construction, a site survey will be conducted to identify conditions which may hinder the completion of all work. The Contractor shall complete all work as described in the attached SOW. The Contractor shall perform to the standards in the contract, and process all work in a professional manner, in accordance with traditionally recognized construction practices and techniques.

SECTION 1: GENERAL REQUIREMENTS

1.1 EQUIPMENT: The contractor shall supply all equipment to complete job. All equipment shall be in operable condition. Contractor will provide all fuel, oil, spare parts, tools and labor to construct subject project. Any broken or damaged equipment will be fixed immediately or replaced.

1.2 ENVIRONMENTAL: All waste oil and fuel spills will be cleaned up immediately and be disposed of off the project site. This project site has no known pre-existing hazardous materials or waste products and presents no threat or risk of exposure from environmental hazards.

1.3 MATERIAL: All materials shall be new unless otherwise approved by the Project Officer, free of defects, and in good condition. All materials shall conform to the specification and the plans, unless otherwise approved by the Project Officer. The Contractor shall remove defective materials from the site at no additional cost to the government.

1.4 CONTRACTOR PERSONNEL:

1. The Government is not liable for any injury incurred by contractor personnel while they are on sites.

2. Contractor personnel shall comply with the Sherwood Staging grounds contractor escort policy. Violations of this policy may result in termination of the contract. Contractor personnel found outside of the prescribed work area will be detained and then removed from the site.

3. The contractor must be licensed and insured.

1.5 SAFETY REQUIREMENTS: The contractor shall ensure that employees are supplied and use proper safety equipment (i.e. gloves, safety glasses, and boots) and follow work procedures, which protect contractor employees. The Contractor shall establish a safety zone around the work area and establish a safety system to prevent worker injuries. The Contractor shall assume any liability for any injury incurred by contractor personnel while working on site. Daily, the Contractor shall install warning markers and other devices to prevent injuries to vehicles, pedestrians and others who may be on the site.

1.6 WORKING CONDITIONS: The Contractor is responsible for inspecting all work areas and determining actual work area conditions and work requirements. Conditions shall not be the basis for any modifications to the contract.

1.7 CLEANUP: The Contractor shall clean up each work site, removing all debris and refuse from the site, to the satisfaction of the Project Officer daily. Additionally, at the end of the project, the Contractor shall restore any disturbed areas per the terms and conditions of subject contract.

1.8 SECURITY: The Contractor shall comply with all security requirements in effect during the work period.

Compliance with security requirements shall not be the basis for failing to complete the work in the required time period.

Contractor personnel found outside of the prescribed work area or otherwise in violation of any security requirements will be subject to removal from the work site for the entire work period.

1.9 WORK PERIOD: The contractor shall complete all work within the prescribed period. Working hours may be outside the normal workdays of Monday through Friday and the hours of 8 a.m. to 5 p.m. local time. All materials and personnel shall arrive at the project site by 0800 (local time), unless otherwise approved by the Contracting Officer Representative (COR). Failure to coordinate the delivery of materials shall not be the basis for completion of the work.

1.10 INCIDENTAL: The Contractor shall provide all transportation for materials and personnel, and material handling equipment as necessary to complete the work.

1.11 SUPERVISION AND QUALITY CONTROL: Supervision and Quality Control: The Contractor shall maintain a quality control system and supervision of employees throughout the project. As requested, the Contractor shall demonstrate to the satisfaction of the PM compliance with the specifications and plans. Building components shall be installed level and watertight. All work shall be plumbed and square, with members securely fastened and with all joints tight. The contractor is required to apply techniques or practices as recommended by the PM to improve the quality and pace of work so long as such recommendations do not change the specified actions in this contract.

1.12 DELIVERY AND STORAGE OF MATERIALS AND EQUIPMENT: The Contractor shall be responsible for all material storage, providing any necessary security containers, fencing and protection from the weather. At the end of the project, the Contractor shall remove all excess materials from the site at no additional cost. Storage locations shall be as designated by the Contracting Officer Representative (COR). The Contractor shall limit storage to the areas provided.

1.13 COORDINATION: The FEMA Contracting Officer Representative (COR) will be the on-site representative for the Contracting Officer but does not have the authority to make any changes in the written terms and conditions of the contract.

1.14 ACCEPTANCE: The Contractor shall coordinate a job completion walkthrough, acceptance of work, and final product and task completion with the Contracting Officer Representative.

1.15 PERIOD OF PERFORMANCE/SCHEDULE: Period of Performance/Schedule: The contractor shall have four (4) calendar days to complete the project. A construction plan will be provided to the Contracting Officer prior to the start of any and all work. If the four-calendar day construction period cannot be met, the Contractor must first notify the Contracting Officer. A revised construction plan will then be provided to the Contracting Officer prior to any decision to continue work.

1.16 DESCRIPTION OF WORK AND SPECIAL INSTRUCTIONS:

The performance objective for this project is outlined in the Statement of Objectives (SOO); it is the contractors’ responsibility to review these documents to fully understand the entire scope of work. Should a conflict arise between the performance objective and conditions on-site, the Contractor shall contact the Contracting Officer for clarification.

Additional clarification should be brought to the attention of the Contracting Officer as soon as possible.

SECTION E

INSPECTION AND ACCEPTANCE

52.246-12 INSPECTION OF CONSTRUCTION AUG 1996

(a) Definition. “Work” includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.

(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

(c) Government inspections and tests are for the sole benefit of the Government and do not—

(1) Relieve the Contractor of responsibility for providing adequate quality control measures;

(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

(3) Constitute or imply acceptance; or

(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) of this section.

(d) The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer’s written authorization.

(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

(g) If the Contractor does not promptly replace or correct rejected work, the Government may—

(1) By contract or otherwise, replace or correct the work and charge the cost to the Contractor; or

(2) Terminate for default the Contractor’s right to proceed.

(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government’s rights under any warranty or guarantee.

(End of clause)

PART I – THE SCHEDULE

SECTION G

CONTRACT ADMINISTRATION DATA

G-1 ACCOUNTING AND APPROPRIATION DATA

Accounting and Appropriation fund-cite will be entered into Block 23 of SF 1442 after award.

G-2 CONSTRUCTION INVOICES

Properly prepared invoices, bearing the contract number shall be submitted electronically to the following individuals:

The Contracting Officer:

Maurice D. Randolph; maurice.randolph@fema.dhs.gov

The Contracting Officer Representative (COR):

Bernadette Barrios Rosario; bernadette.barriosrosario@fema.dhs.gov

If unable to provide a soft copy via email, send by regular mail or courier a copy to:

DHS/FEMA

Joint Field Office, DR-4277-LA 415 15th Street Baton Rouge, Louisiana 70802

Payment will be made by the FEMA Finance Center in accordance with FAR 52.232-27, Prompt Payment for Construction Contracts. Invoices require Project Officer approval prior to payment.

SECTION H

SPECIAL CONTRACT REQUIREMENTS

H-1 ENVIROMENTAL IMPACT/COMPLIANCE WITH APPLICABLE FEDERAL, STATE AND LOCAL

REQUIRMENTS

All waste materials generated by work under a contract performed on the project site shall be handled, transported, stored, disposed of, and treated by the contractor and any subcontractor in accordance with all applicable federal, state, and local laws, ordinances, regulations, executive orders, agency rules or order, court orders, or any other types of rules or ruling having the effect of the law. In performing or under this contract, the contractor shall comply with all other relevant federal, state and local statutes, ordinances, regulations, executive orders, agency rules or orders, court orders or any rules ruling having the effect of law. Contractor shall be; contacted; and federal, state, and local environmental compliance regulations or any other types of rules or rulings having he effect of the law.

SECTION I

CONTRACT CLAUSES

FAR 52.252-2 CLAUSES INCORATED BY REFERENCE FEB 1998

(IAW FAR 52.107(b)) This contract incorporates one or more clauses 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. Also, the full text of a clause may be accessed electronically at this/these address: http:// farsite.hill.af.mil

52.202-1 DEFINITIONS OCT 1995

52.202-1 DEFINITIONS - ALTERNATE I APR 1984

52.203-3 GRATUITIES APR 1984

52.203-5 COVENANT AGAINST CONTINGENT FEES APR 1984

52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE JUL 1995

GOVERNMENT

52.203-7 ANTI-KICKBACK PROCEDURES JUL 1995

52.203-8 CANCELLATION, RECISSION, AND RECOVERY JAN 1997

OF FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY

52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR JAN 1997

IMPROPER ACTIVITY

52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN

TRANSACTIONS APR 1991

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN JUN 1997

FEDERAL TRANSACTIONS

52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN JUL 1995

SUBCONTRACTING WITH CONTRACTORS DEBARRED,

SUSPENDED, OR PROPOSED FOR DEBARMENT

52.211-10 COMMENCEMENT, PROSECUTION, AND APR 1984

COMPLETION OF WORK

The Contractor shall be required to (a) commence work under this contract within one (1) calendar day after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than four (4) calendar days.

* The time stated for completion shall include final cleanup of the premises.

52.211-12 Liquidated Damages—Construction SEPT 2000

Liquidated Damages-Construction (Sept 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $23,000.00 for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor’s right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(End of clause)

52.211-13 Time Extensions (Sept 2000)

Time extensions for contract changes will depend upon the extent, if any, by which the changes cause delay in the completion of the various elements of construction. The change order granting the time extension may provide that the contract completion date will be extended only for those specific elements related to the changed work and that the remaining contract completion dates for all other portions of the work will not be altered. The change order also may provide an equitable readjustment of liquidated damages under the new completion schedule.

(End of clause)

52.215-1 Instructions to Offerors—Competitive Acquisition MAY 2001

52.215-6 PLACE OF PERFORMANCE OCT 1997

52.215-8 ORDER OF PRECEDENCE-UNIFORM CONTRACT FORMAT OCT 1997

Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order: (a) the schedule (excluding the specifications); (b) representations and other instructions; (c) contract clauses; (d) other documents, exhibits, and attachments; and (e) the specifications.

52.211-16 VARIATION IN QUANTITY

52.211-18 VARIATION IN ESTIMATED QUANTITY

52.216-1 TYPE OF CONTRACT APR 1984

52.222-5 Construction Wage Rate Requirements— MAY 2014 Secondary Site of the Work

52.222-6 CONSTRUCTION WAGE RATE REQUIREMENTS AUG 2018

52.222-7 Withholding of Funds. MAY 2014 52.222-8 Payrolls and Basic Records. AUG 2018 52.222-9 Apprentices and Trainees. JULY 2005 52.222-10 Compliance with Copeland Act Requirements. FEB 1988 52.222-11 Subcontracts (Labor Standards). MAY 2014 52.222-12 Contract Termination-Debarment. MAY 2014 52.222-13 Compliance with Construction Wage Rate MAY 2014 Requirements and Related Regulations.

52.222-14 Disputes Concerning Labor Standards. FEB 1988 52.222-15 Certification of Eligibility. MAY 2014 52.222-42 Statement of Equivalent Rates for Federal Hires. MAY 2014 Statement of Equivalent Rates for Federal Hires In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

This Statement is for Information Only:

Employee Class Monetary Wage Fringe Benefits

CEMENT MASON/ $20.03 $4.24

CONCRETE FINISHER

POWER EQUIPMENT OPERATORS $20.03 $4.24

DUMP TRUCK DRIVERS $12.69

CARPENTER $18.22 $4.48

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES JUL 2000

52.225-14 INCONSISTENCY BETWEEN ENGLISH VERSION AND FEB 2000

In the event of inconsistency between any terms of this contract and any translation thereof into another language, the English language meaning shall control.

52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION MAY 1997

CONTRACTS

52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS MAY 2001

52.232-38 SUBMISSION OF ELECTRONIC FUNDS TRANSFER MAY 1999

INFORMATION WITH OFFER

52.233-1 DISPUTES DEC 1998

52.233-3 PROTEST AFTER AWARD AUG 1996

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004

52.236-2 DIFFERING SITE CONDITIONS APR 1984

52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING

THE WORK Apr 1984

52.236-5 MATERIAL AND WORKMANSHIP APR 1984

52.236-6 SUPERINTENDENCE BY THE CONTRACTOR APR 1984

52.236-7 PERMITS AND RESPONSIBILITIES NOV 1991

52.236-8 OTHER CONTRACTS APR 1984

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements APR 1984

52.236-10 OPERATIONS AND STORAGE AREAS APR 1984

52.236-11 USE AND POSSESSION PRIOR TO COMPLETION APR 1984

52.236-12 CLEANING UP APR 1984

52.236-13 ACCIDENT PREVENTION NOV 1991

52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS APR 1984

52.236-17 LAYOUT OF WORK APR 1984

52.236-26 PRECONSTRUCTION CONFERENCE FEB 1995

52.242-14 SUSPENSION OF WORK APR 1984

52.243-4 CHANGES AUG 1987

52.246-21 WARRANTY OF CONSTRUCTION MAR 1994

52.248-3 VALUE ENGINEERING--CONSTRUCTION MAR 1989

52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT SEP 1996

(FIXED-PRICE)

52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT SEP 1996

(FIXED-PRICE) -- ALTERNATE I

52.249-10 DEFAULT (FIXED-PRICE CONSTRUCTION) APR 1984

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES APR 1984

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any Defense Federal Acquisition Regulation Supplement (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

52.253-1 COMPUTER GENERATED FORMS JAN 1991

252.203-7001 PROHIBITION ON PERSONS CONVICTED OF FRAUD MAR 1999

OR OTHER DEFENSE-CONTRACT-RELATED FELONIES

252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT APR 1992

252.209-7000 ACQUISITION FROM SUBCONTRACTORS SUBJECT TO NOV 1995

ON-SITE INSPECTION UNDER THE INTERMEDIATE-RANGE

NUCLEAR FORCES (INF) TREATY

252.236-7000 MODIFICATION PROPOSALS –PRICE BREAKDOWN DEC 1991

252.201-7000 CONTRACTING OFFICER'S REPRESENTATIVE DEC 1991

PART III – LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

SECTION J

LIST OF ATTACHMENTS

FORM NR TITLE DATE NR OF PAGES

Attach 1 Statement of Objectives (SOO) 4-9-2020 2

Attach 2 DOL Construction Contract Wage Rates 1-3-2020 4

PR2020000001

PART IV - REPRESENTATIONS AND INSTRUCTIONS

SECTION K

Representations, Certifications and Other Statements of Offerors

FAR Ref. Clause Title Date

52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION APR 1985

(a) The offeror certifies that --

(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to --

(i) Those prices;

(ii) The intention to submit an offer; or

(iii) The methods or factors used to calculate the prices offered.

(2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and

(3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.

(b) Each signature on the offer is considered to be a certification by the signatory that the signatory-

(1) Is the person in the offeror's organization responsible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision; or

(2) (i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision

Name/Title:

[Insert full name of person(s) in the offeror's organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the offeror's organization];

(ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) of this provision have not participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision; and

(iii) As an agent, has not personally participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision.

(c) If the offeror deletes or modifies subparagraph (a)(2) of this provision, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure.

52.203-11 CERTIFICATION AND DISCLOSURE REGARDING DEBARMENT SEP 2011

PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSCACTIONS

(a) Definitions. As used in this provision-“Lobbying contact” has the meaning provided at 2 U.S.C.

1602(8). The terms “agency,” “influencing or attempting to influence,” “officer or employee of an agency,” “person,” “reasonable compensation,” and “regularly employed” are defined in the FAR clause of this solicitation entitled “Limitation on Payments to Influence Certain Federal Transactions” (52.203-12).

(b) Prohibition. The prohibition and exceptions contained in the FAR clause of this solicitation entitled “Limitation on Payments to Influence Certain Federal Transactions” (52.203-12) are hereby incorporated by reference in this provision.

(c) Certification. The offeror, by signing its offer, hereby certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on its behalf in connection with the awarding of this contract.

(d) Disclosure. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(e) Penalty. Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by 31 U.S.C. 1352. Any person who makes an expenditure prohibited under this provision or who fails to file or amend the disclosure required to be filed or amended by this provision, shall be subject to a civil penalty of not less than $10,000, and not more than $100,000, for each such failure.

(End of provision) http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1063429 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1063429

52.209-5 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, OCT 2015

PROPOSED DEBARMENT

(a)

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

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

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

(B) Have□ have not□, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract;

violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation);

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

(D) Have□, have not□, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.

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

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

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

(2) Examples.

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

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. § 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1062621 is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

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

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

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

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

This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Code.

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

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

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

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

(End of provision)

52.236-28 PREPARATION OF PROPOSALS -- CONSTRUCTION OCT 1997

(a) Proposals must be

(1) Submitted on the forms furnished by the Government or on copies of those forms, and

(2) Manually signed. The person signing a proposal must initial each erasure or change appearing on any proposal form.

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

(1) Lump sum prices;

(2) Alternate prices;

(3) Units of construction; or

(4) Any combination of paragraphs (b)(1) through (b)(3) of this provision.

(c) If the solicitation requires submission of a proposal on all items, failure to do so may result in the proposal being rejected without further consideration. If a proposal on all items is not required, offerors should insert the words "no proposal" in the space provided for any item on which no price is submitted.

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

SECTION L

Instructions, Conditions and Notices to Offerors

1. The Government intends to award a Firm-Fixed Price contract resulting from this solicitation.

2. Contractors are responsible for obtaining and providing proof to the Government of all Plumbing and Electrical certifications of the completed work in accordance with the terms and conditions of this solicitation and the Puerto Rico Electric Power Authority (PREPA) and the Puerto Rico Aqueducts and Sewers Authority (PRASA)

52.236-27 SITE VISIT (CONSTRUCTION) Alternate I FEB 1995

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

(b) An organized site visit has been scheduled for April 8th, 2020.

(c) Participants will meet at the Mayaguez Medical Center on the time scheduled with the COR Ms. Bernadette Rosario at 202-704-8910 or bernadette.barriosrosario@fema.dhs.gov.

(d) Bidders/Offerors are requested to submit questions in writing to the point of contact noted above and the Contracting Officer and (Maurice D. Randolph – maurice.randolph@fema.dhs.gov; 202-705-9861) not later than 12 hours after the release of this solicitation. Information provided at this conference shall not qualify the terms and conditions of the solicitation and specifications. Terms of the solicitation remain unchanged unless the solicitation is amended in writing.

If an amendment is issued, normal procedures relating to the acknowledgment and receipt of each amendment by the date/time set for bid opening are applicable.

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): http://farsite.hill.af.mil or http://farsite.hill.af.mil/vffara.htm http://farsite.hill.af.mil/ http://farsite.hill.af.mil/

CONTENTS OF PROPOSALS SUBMITTED IN RESPONSE TO THIS SOLICITATION

In order to be considered responsive to this request for proposals and considered for award prospective contractors are cautioned to complete and include the following documents, as amended, as a minimum, in their response to this solicitation.

(a) Section “A”, "Solicitation, Offer, and Award" (Standard Form 1442) with amendments, if any, acknowledged, signed, and dated by a person legally authorized to bind the company. If an agent signs the proposal, ensure legal evidence of their authority is included.

(b) Section “B”, Supplies & Services & Prices.

(c) Section “G”, Contract Administration Data. Include ONLY if specifying a payment remittance address different than the mailing address reflected on the back of the SF Form 1442.

(d) Section “K”, Representations, Certifications and Other Statement of Offers. Offeror to complete mandatory fill in information.

(e) Section “L”, Instructions, Conditions and Notices to Offerors. Offeror to provide Volume I, Technical Proposal and Volume II, Price Proposal

(f) Any other document required by the solicitation.

PREPARATION OF PROPOSALS

(a) General Instructions: This section of the RFQ provides general guidance for preparing proposals as well as specific instructions on the format of the proposal. The offeror’s proposal must include all data and information requested in the RFQ. The Offeror shall be compliant with the requirements specified herein (in full text and reference) and must reflect a thorough understanding of the services required and display a logical development of the offeror’s plans to implement the tasks.

(b) ONLY THE REQUIRED MINIMUM AMOUNT OF INFORMATION IS REQUESTED TO PROVIDE

FOR PROPER EVALUATION. EFFORTS SHOULD BE MADE TO KEEP OFFERS AS BRIEF AS

POSSIBLE CONCENTRATING ON SUBSTANTIVE INFORMATION ESSENTIAL FOR PROPER

EVALUATION. The proposal shall be clear, concise, and shall include sufficient detail for effective evaluation and for substantiating its validity.

(c) The evaluation team will read/evaluate only the maximum number of pages allowed (see (d)(3) below).

(d) Preparation Instructions: Proposals shall include Technical submittal and Price.

(1) Construction: The proposal shall not require extensive searching throughout the document(s) to locate and evaluate any item or area. Cross-references and/or indices should be utilized to preclude unnecessary duplication of data between sections. Sub-categories of information in each of the volumes should be highlighted for ease of evaluating the information contained.

(2) The Price Proposal shall completely itemize the following information:

• Description of task

• Categories of labor

• Equipment

• Material

• Supplies

• Unit of issue

• Quantities

• Overhead

• Profit

• Taxes

• Construction Taxes

• Patents

• Permits Filing Fees

• Environmental Permits

• Licensed Plumber Certification

• Licensed Electrician Certification

• Inspection Services

(3) Page limits (one side): The page limit for the Technical Proposal is three pages. The page limit for the Price Proposal is not restricted.

SUBMITTAL OF SUBCONTRACTOR INFORMATION

The contractor shall submit to the Contracting Officer a list identifying all subcontractors’ that will perform work under this contract. Subcontractor information shall be submitted with the contractor’s proposal prior to award and no later than five workdays prior to any new subcontractor (not identified with the initial contract proposal submittal) coming on the grounds. The following information shall be submitted on each subcontractor: Company name, address, primary point of contact, telephone number.

VOLUME I - PREPARATION OF TECHNICAL PROPOSAL SECTION

TECHNICAL APPROACH & PROGRESS SCHEDULE: At a minimum, the submission shall be prepared in a form consistent with the evaluation criteria for award set forth in Section M of this Solicitation. All information the Offeror deems appropriate to address these criteria should be included in the proposal in an orderly format following the evaluation criteria to include Factors and Sub-Factors. To facilitate evaluation, Volume I should be specific, detailed, and clearly demonstrate that the Offeror has a thorough understanding of the requirements for the accomplishment of this effort. Statements that the Offeror understands, can, or will comply with the Specifications, and phrases such as “standard procedures will be employed”, or “well known techniques will be used” etc., will be considered unacceptable. Offerors should note that the data previously submitted under any prior or existing contract or solicitation will not be considered.

Therefore, such data should not be relied upon, nor incorporated in the Technical proposal reference.

(a) Technical Approach: Contractor shall submit a technical proposal equivalent to 100% of the final project design appropriate for the level of design completion indicated in order to clearly demonstrate in their proposal a clear understanding of the SOO for proper evaluation by the government.

VOLUME II - PREPARATION OF PRICE PROPOSAL SECTION

Since the Government may award a contract without discussions, award may be made using the price in the initial proposal. Therefore, offerors should include their best price in the initial contract.

(a) Part 1, Section A – Complete in its entirety the “Offeror” portion of the Standard Form 1442 (Blocks 14 – 20c). An official having the authority to bind your company contractually must sign and date the SF 1442. One copy of the SF 1442 must bear an original, authorized signature.

(b) Part 1, Section B – Offerors will insert the per unit price for all contract line items numbers. The U.S.

Government reserves the right to request additional pricing information after receipt and evaluation of proposals.

PROPOSAL PREPARATION INSTRUCTIONS

1. General: Offeror's proposals shall consist of one (1) complete copy of the solicitation document and the Technical Proposal. Offerors must ensure all pricing information is contained in Section B, Supplies or Services and Price/Costs.

Offerors will be evaluated using the criteria under Section M, Evaluation Factors for Award.

2. Proposal Format: The Offeror shall submit their proposal using Microsoft Word formatted document, or equally acceptable word processing format

3. Summary of Proposal Content. Specific Instructions. Request for Quote/Solicitation Document.

A complete proposal consists of one (1) completed solicitation documents and one (1) Technical Proposals.

4. Pricing Information. The Government, in evaluating the offeror’s Price (Cost) will evaluate the overall price and individual cost elements to determine if the proposed price is reasonable and complete. The Price Proposal will also be evaluated to determine the offeror's understanding of the contract requirement as expressed by the solicitation. Any inconsistencies, whether real or apparent between proposed performance and price must clearly be justified. For example, if unique and innovative approaches are the basis for an abnormally low proposed price, the nature of these approaches and their impact to the proposed price, must be completely documented. The burden of proof of cost credibility rests solely with the offeror. The following evaluation criteria shall apply:

a) Reasonableness: The offeror's proposal will be reviewed to determine if the proposed price is reasonable. In accordance with price analysis techniques outlined in FAR 15.404-1, to include but not limited to (1) comparison of proposed prices received in response to the solicitation, (2) comparison of previously paid prices for the same or similar item and (3) comparison of proposed prices with the independent Government cost estimates.

b) Completeness: The Price Proposal will be evaluated to determine whether the offeror provided sufficient data as required by the solicitation and the Contracting Officer during the evaluation and the degree to which the offeror’s proposal priced, all contract requirements as specified in the specifications.

(END OF SECTION L)

PART IV - REPRESENTATIONS AND INSTRUCTIONS

SECTION M

Evaluation Factors for Award

BASIS FOR AWARD

This acquisition will be conducted using the procedures (as specified herein). Specifically, FAR Subpart 13.5 for Commercial Items/Services. The Government may perform a comparative evaluation (comparing offers to each other) to select the contractor that is best suited and provides the best value,…