Sol_140L6421Q0058.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)

1. SOLICITATION NO. 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)

0040540261

BLM AZ-STATE OFC ADMN SVCS(AZ951)

ONE N. CENTRAL AVE, SUITE 800

PHOENIX AZ 85004

LZA

Christopher Jordan 6024179593

1x 08/26/2021

140L6421Q0058

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

This request for quotation (RFQ) is to support the Bureau of Land Management (BLM)

Arizona Stare Office¿s (AZSO) requirement for Sonoran Desert National Monument

Estrella-Wayside Recreation Area Phase One.

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.)

5 250 calendar days and complete it within ________________ ________________ calendar days after receiving

09/14/2021

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

BLM AZ-STATE OFC ADMN SVCS(AZ951)

ONE N. CENTRAL AVE, SUITE 800

PHOENIX AZ 85004

LZA

Christopher Jordan

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 22

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140L6421Q0058

Sonoran Desert National Monument Estrella-Wayside

Recreation Area Phase One

Delivery: 06/08/2022

Delivery Location Code: 0004276184

BLM-AZ LOWER SONORAN FIELD OFFICE

21605 N 7TH AVE.

PHOENIX AZ 85027-2099 US

Period of Performance: 10/01/2021 to 06/08/2022

00010 Sonoran Desert National Monument Estrella-Wayside

Recreation Area Phase One

Firm Fixed Price

In accordance with the Project Specifications and

Construction Plans.

Anticipated Period of Performance: October 1, 2021 to September 30, 2022.

Product/Service Code: Y1PA

Product/Service Description: CONSTRUCTION OF

RECREATION FACILITIES (NON-BUILDING)

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

Sponsored by GSA

FAR (48 CFR) 53.110

140L6421Q0058

SECTION SF 1442-CONTINUATION SHEET

RFQ INFORMATION SHEET

1. This request for quotation (RFQ) is to support the Bureau of Land Management (BLM) Arizona Stare Office’s (AZSO) requirement for Sonoran Desert National Monument Estrella-Wayside Recreation Area Phase One.

The specifics are as follows:

Tracking Number 140L6421Q0058 Delivery Order Title Sonoran Desert National Monument Estrella-Wayside Recreation Area Phase One Type of Contract Construction, Firm Fixed Price (FFP), Single Award Contract Place of Performance Maricopa County, Arizona Type of Construction Highway Magnitude Between $200,000 and $250,000 Period of Performance October 1, 2021 through September 30, 2022 Small Business Set-Aside Yes – 100% Small Business Set-Aside Method of Evaluation Lowest Price Technically Acceptable (LPTA) Question Due Date September 7, 2021, at 12:00pm Pacific Standard Time (PST) Quotation Due Date September 14, 2021, at 10:00am PST

2. Offerors are requested to submit a written technical and price proposal in response to the attached Project Specifications and Construction Plans. Further information on submission of technical and price proposals is provided throughout this document.

3. This procurement is being conducted under the requirements of Federal Acquisition Regulation (FAR) 13. This acquisition is a Small Business Set-Aside under the North American Industry Classification System (NAICS) Code 237990 with a small business size standard of $39.5 in millions of dollars. An offeror determined to be other than a Small Business will be deemed ineligible for award.

4. Evaluation Factors and Basis for Award Determination:

a. Award will be made to the offeror whose proposal is determined to represent the overall best value to the Government using an LPTA evaluation process with acceptable past performance. The evaluation factors and subfactors identified in paragraph 4c (1) and paragraph 4c (2) below will be used in the determination of technical acceptability.

b. After receipt of quotations, the Government will first evaluate the lowest price quotation. If the lowest price proposal is determined to be technically acceptable and otherwise properly awardable, no further evaluations will be conducted, and award will be made. If, however, the lowest price proposal is determined to be technically unacceptable and/or otherwise not properly awardable, further evaluations will be conducted.

c. The standards for determining technical acceptability are below, as well as information concerning price proposals.

(1) Technical/Management Approach Factor: The Technical/Management Subfactors will be evaluated and rated either Acceptable or Unacceptable. In order for a proposal to be rated overall Technically Acceptable, each of the following subfactors must be rated Acceptable. Technical/ management proposals should not exceed 15 pages.

(a) Subfactor 1: Construction Plan. Quotation provided an acceptable construction plan, in the format required, indicating a thorough understanding of the work required as well as a sound and reasonable approach to complete all project elements as described in each technical division of the project specifications.

(b) Subfactor 2: Construction Schedule. The construction schedule was provided in a Gantt or similar format and is within the Government’s specified period of performance. Schedule indicates an understanding of the project requirements and utilizes a logical approach to sequencing.

(2) Past Performance Factor:

(b) Offerors will be evaluated on performance under existing and prior contracts for similar products or services with the past performance being rated as "Acceptable" or "Unacceptable." In order to be rated Acceptable, the Government must determine that based on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or that the offeror’s performance record is unknown. This factor will be rated Unacceptable if, based on the offeror’s performance record, the Government does not have a reasonable expectation that the offeror will be able to successfully perform the required effort.

(c) Past performance efforts cited must be for similar services as outlined in the Specifications, with satisfactory performance, and must have occurred within the last 3 years. No more than 3 past performance efforts may be submitted, and each past performance effort submitted shall not exceed 2 pages. The Government reserves the right to obtain information relative to present and past performance on its own, in addition to that provided by the offeror. Past performance information may be obtained through the Past Performance Information Retrieval System, through interviews with program managers on past efforts, or any other sources known to the Government.

(3) Price Factor:

(a) The price proposal will be evaluated using one or more of the techniques defined in FAR Part 15.404 in order to determine if they are reasonable and complete. The Government will determine completeness of the offeror’s proposal by verifying that all solicitation requirements have been priced, figures are correctly calculated, and costs are presented in a clear and useful format.

(b) Offerors should ensure price proposals include detailed information regarding the resources required to accomplish the task. Again, the price proposal spreadsheet shall be a separate document from the technical/management proposal. The offeror shall submit their price proposal utilizing the Government provided Pricing Worksheet (Attachment 3). The spreadsheet shall include all formulas.

5. The Government intends to evaluate quotations and award a contract without exchanges with contractors. However, the Government reserves the right to conduct exchanges or seek clarifications if the Contracting Officer (KO) determines they are necessary. The Government further reserves the right to reduce the number of quotations being competitively considered to the greatest number that will permit efficient competition among the most highly rated quotations. If a contractor’s quotation is removed from further consideration for award, written notice of the removal will be provided to the contractor. In the event issues pertaining to a proposed task cannot be resolved to the CO's satisfaction, the Government reserves the right to withdraw and cancel the proposed order. In such event, contractors will be notified in writing.

6. The solicitation contains provisions that apply to this solicitation and clauses that will be applicable to the resulting award.

Some of the provisions and additional BLM instructions require a response from the contractor and must be submitted along with your quotation.

7. In response to this RFQ, no terms, conditions, or assumptions will be entertained. If terms, conditions, or assumptions are included in a quotation, the quotation may be excluded because it failed to comply with the RFQ instructions.

8. An offeror agrees that if its offer is accepted within 60 calendar days from the date of receipt of quotations (unless a different period is stated in the quotation), it will furnish the items and/or services identified in its quotation at the cost offered to the designated point(s) within the time specified in the contract. You also agree that if the Government awards you the contract, the award document sent by the Government to the contractor is a binding and enforceable contract. The contractor has a legal obligation to perform in compliance with all aspects of the Specifications and Contract Plans if awarded the contract.

9. Portions of the offeror’s quotation may be incorporated into the contract.

10. Questions should be addressed to cjordan@blm.gov. The phone number is 602-417-9268. Please provide any questions, in writing, no later than September 7, 2021, at 12:00pm PST. The Government reserves the right to not answer questions submitted after this time.

11. Quotations are due no later than September 14, 2021, at 10:00am PST and should be submitted to the contract specialist at BLM via the following email address: cjordan@blm.gov.

Attachment 1: Specifications Attachment 2: Construction Plans Attachment 3: Pricing Worksheet Attachment 4: Wage Determination

CONTRACT PROVISIONS

PROVISIONS INCORPORATED BY REFERENCE

Clause Title Date

52.204-7 System for Award Management October 2018 52.204-16 Commercial and Government Entity Code Reporting August 2020 52.204-19 Incorporation by Reference of Representations and Certifications December 2014 52.204-22 Alternative Line Item Proposal January 2017 52.204-23 52.204-23 Prohibition on Contracting for Hardware, Software, and Services

Developed or Provided by Kaspersky Lab and Other Covered Entities July 2018

52.204-26 Covered Telecommunications Equipment or Services – Representation October 2020

PROVISIONS INCORPORATED BY FULL TEXT

52.204-8 Annual Representations and Certifications (Mar 2020)

(a)

(1) The North American Industry Classification System (NAICS) code for this acquisition is 237310.

(2) The small business size standard is $39.5 million.

(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:

(i) □ Paragraph (d) applies.

(ii) □ 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.

https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1063838 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1063838 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1063268 https://www.acquisition.gov/content/part-13-simplified-acquisition-procedures#i1112458 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1063408 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_203-18 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1063736 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1063838 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1063838 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1063796 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#id19CAC0P0ESS https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1062479 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1062558 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#id165RA0UH01A https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1059991 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1059247 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057235 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057302 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1055729 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1055793 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1055782 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1055793 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1056289

(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 Certifications. 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 website 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.

(End of provision)

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Oct 2020) https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1052963 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1052973 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053040 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#CDCHDCIFF4 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1063838 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053411 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053372 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053526 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053446 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053693 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053648 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1054426 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1054876 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1054999 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1064305 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#id165VE00099X https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1055635 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1056493 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1056701 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053138 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1052268 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1052648 https://www.acquisition.gov/content/part-4-administrative-and-information-matters#i1121876

The offeror shall not complete the representation at paragraph (d)(1) of this provision if the offeror has represented that it “does not provide covered telecommunications equipment or services as a part of its offered products or services to the government in the performance of any contract, subcontract, or other contractual instrument” in the provision at 52.204-26, covered telecommunications equipment or services—representation, or in paragraph (v) of the provision at 52.212-3, offeror representations and certifications-commercial items.

(a) Definitions. as used in this provision— Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, prohibition on contracting for certain telecommunications and video surveillance services or equipment.

(b) Prohibition.

(1) Section 889(a)(1)(a) of the John S. McCain national defense authorization act for fiscal year 2019 (pub. l. 115-232) prohibits the head of an executive agency on or after august 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

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

(2) Section 889(a)(1)(b) of the John S. McCain national defense authorization act for fiscal year 2019 (pub. l. 115-232) prohibits the head of an executive agency on or after august 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. this prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a federal contract. nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

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

(c) Procedures. the offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(d) Representation. the offeror represents that—

(1) It □ will, □ will not provide covered telecommunications equipment or services to the government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. the offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the offeror responds “will” in paragraph (d)(1) of this section;

and

(2) After conducting a reasonable inquiry, for purposes of this representation, the offeror represents that— it □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. the offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the offeror responds “does” in paragraph (d)(2) of this section.

(e) Disclosures.

https://www.acquisition.gov/far/part-52#FAR_52_204_26 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_204_25

(1) Disclosure for the representation in paragraph (d)(1) of this provision. if the offeror has responded “will” in the representation in paragraph (d)(1) of this provision, the offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(a) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, cage code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(b) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(c) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(a) If the service is related to item maintenance: a description of all covered telecommunications services offered (include on the item being maintained: brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(b) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. if the offeror has responded “does” in the representation in paragraph (d)(2) of this provision, the offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(a) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, cage code, and whether the entity was the OEM or a distributor, if known);

(b) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

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

(ii) For covered services—

(a) If the service is related to item maintenance: a description of all covered telecommunications services offered (include on the item being maintained: brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(b) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

52.222-5 Construction Wage Rate Requirements – Secondary Site of The Work (May 2014)

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

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

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

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

(End of provision) http://acquisition.gov/far/current/html/52_222.html#wp1147505

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

15.8%

6.9%

These goals are applicable to all of 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 Sonoran Desert National Monument in Maricopa County, Arizona.

(End of provision)

52.225-10 Notice of Buy American Requirement – Construction Materials (May 2014)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American—Construction Materials” (Federal Acquisition Regulation (FAR) clause 52.225-9).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers.

The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

http://acquisition.gov/far/current/html/52_223_226.html#wp1169273

(c) Evaluation of offers.

(1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers.

(1) When an offer includes foreign construction material not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested—

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

(End of provision)

52.252-1 Solicitations 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 address:

http://acquisition.gov/far/index.html.

(End of provision)

CONTRACT CLAUSES

CLAUSES INCORPORATED BY REFERENCE

Clause Title Date

52.203-12 Limitation on Payments to Influence Certain Federal Transactions Jun 2020 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements Jan 2017 52.204-9 Personal Identity Verification of Contractor Personnel Jan 2011 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards Jun 2020 52.204-13 System for Award Management Maintenance Oct 2018 52.204-19 Incorporation by Reference of Representations and Certifications Dec 2014 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by

Kaspersky Lab and Other Covered Entities July 2018

52.209-6 Protecting the Government’s Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment

Jun 2020

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations Nov 2015 http://acquisition.gov/far/current/html/52_223_226.html#wp1169273 http://acquisition.gov/far/current/html/52_223_226.html#wp1169273 http://acquisition.gov/far/current/html/FormsStandard62.html#wp1177057

52.213-4 Terms and Conditions – Simplified Acquisitions (Other than Commercial Items) Oct 2020 52.219-6 Notice of Total Small Business Set Aside Nov 2020 52.219-28 Post-Award Small Business Program Representation Nov 2020 52.222-3 Convict Labor Jun 2003 52.222-4 Contract Work Hours and Safety Standards – Overtime Compensation Mar 2018 52.222-6 Construction Wage 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 Jul 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 Requirements and Related Act Regulations May 2014 52.222-14 Disputes Concerning Labor Standards Feb 1988 52.222-15 Certification of Eligibility May 2014 52.222-21 Prohibition of Segregated Facilities Apr 2015 52.222-26 Equal Opportunity Sep 2016 52.222-27 Affirmative Action Compliance Requirements for Construction Apr 2015 52.222-35 Equal Opportunity for Veterans Jun 2020 52.222-36 Equal Opportunity for Workers with Disabilities Jun 2020 52.222-37 Employment Reports on Veterans Jun 2020 52.222-50 Combating Trafficking in Persons Oct 2020 52.222-54 Employment Eligibility Verification Oct 2015 52.222-55 Minimum Wages Under Executive Order 13658 Nov 2020 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts Sep 2013 52.223-3 Hazardous Material Identification and Material Safety Data Jan 1997 52.223-5 Pollution Prevention and Right-to-Know Information May 2011 52.223-15 Energy Efficiency in Energy-Consuming Products May 2020 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction

Contracts Aug 2018

52.223-18 Encouraging Contractor Policy to Ban Text Messaging While Driving Jun 2020 52.223-21 Foams Jun 2016 52.225-13 Restrictions on Certain Foreign Purchases Jun 2008 52.228-2 Additional Bond Security Oct 1997 52.228-5 Insurance – Work on a Government Installation Jan 1997 52.228-11 Pledge of Assets Aug 2018 52.228-12 Prospective Subcontractor Requests for Bonds May 2014 52.228-14 Irrevocable Letter of Credit Nov 2014 52.228-15 Performance and Payment Bonds – Construction Jun 2020 52.232-5 Payments under Fixed-Price Construction Contracts May 2014 52.232-23 Assignment of Claims May 2014 52.232-27 Prompt Payment for Construction Contracts Jan 2017 52.232-33 Payment by Electronic Funds Transfer – System for Award Management Oct 2018 52.232-39 Unenforceability of Unauthorized Obligations Jun 2013 52.232-40 Providing Accelerated Payments to Small Business Subcontractors Dec 2013 52.233-1, Alt 1 Disputes May 2014

Dec 1991

52.233-3 Protest After Award Aug 1996 52.233-4 Applicable Law for Breach of Contract Claims 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 1994 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 52.236-14 Availability and Use of Utility Services Apr 1984 52.236-15 Schedules for Construction Contracts Apr 1984 52.236-17 Layout of Work Apr 1984 52.236-21, Alt 1 Specifications and Drawings for Construction Feb 1997

Apr 1984

52.236-26 Preconstruction Conference Feb 1995 52.242-14 Suspension of Work Apr 1984 52.243-5 Changes and Changed Conditions Apr 1984 52.244-6 Subcontracts for Commercial Items Oct 2020 52.245-1 Government Property Jan 2017 52.245-9 Use and Charges Apr 2012 52.246-12 Inspection of Construction Aug 1996 52.246-13 Inspection – Dismantling, Demolition, or Removal of Improvements Aug 1996 52.246-21 Warranty of Construction Mar 1994 52.249-10, Alt I Default (Fixed-Price Construction) Apr 1984 DIAR 1452.201-70 Authorities and Delegations Sep 2011 DIAR 1452.203-70 Restrictions on Endorsements – Department of the Interior Jul 1996 DIAR 1452.204-70 Release of Claims – Department of the Interior Jul 1996 DIAR 1452.236-70 Prohibition Against Use of Lead-Based Paint – Department of the Interior Jul 1996 DIAR 1452.237-70 Information Collection – Department of the Interior Jul 1996

CLAUSES INCORPORATED BY FULL TEXT

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPEMENT (AUGUST 2020)

(a) Definitions. As used in this clause— Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered foreign country means The People’s Republic of China.

Covered telecommunications equipment or services means–

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications…