Sol_140P4223Q0017.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)

0040603945

DOI, NPS, NERO & NER SOUTH MABO

National Park Service

Northeast Regional Contracting South/Philadelphia MABO

PNC

1234 Market Street, 20th Floor

Philadelphia PA 19107

Wendy De Leon 617-599-4957

103/02/2023

140P4223Q0017

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

PROJECT DESCRIPTION: Provide all labor, materials, tools, equipment, supervision, services, etc., necessary to Remove, Replace, and Install HVAC Systems at Booker T

Washington National Monument, Hardy, VA

Attachment 1 - BOWA HVAC SOW 09-13-2022, 10 pages

Attachment 2 - Phase 1 Headquarters Current Images, 2 pages

Attachment 3 - Phase 2 Visitor Center Existing Drawings and Images, 9 pages

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.)

10 100 calendar days and complete it within ________________ ________________ calendar days after receiving

52.211-10

04/03/2023

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

DOI, NPS, NERO & NER SOUTH MABO

National Park Service

Northeast Regional Contracting South/Philadelphia MABO

PNC

1234 Market Street, 20th Floor

Philadelphia PA 19107

Wendy De Leon

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 31

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140P4223Q0017

PROCUREMENT TYPE: The Government anticipates awarding a single firm-fixed price contract to meet this requirement. This firm-fixed price contract will be awarded using lowest price technically acceptable (LPTA) as the source selection process in accordance with FAR Part 13

Simplified Acquisition Procedures.

SET-ASIDE TYPE: This is a competitive small business set-aside acquisition. All responsible sources may submit an offer for consideration in accordance with these and other terms and conditions of the anticipated solicitation.

NAICS CODE: 238220 Plumbing, Heating, and

Air-Conditioning Contractors with a small business size standard of $16.5M

MAGNITUDE: In accordance with FAR 36.204, the project magnitude is estimated to be between

$100,000 and $250,000.

DURATION: The contract performance period is expected to be 100 calendar days from notice to proceed.

SITE VISIT: An organized site visit has been scheduled for Thursday March 16, 2023 at 10:00

AM. Point of contact: Connie Mays, email:

connie_mays@nps.gov@nps.gov tel. 540-721-2094 x401, Participants will meet at: Booker T.

Washington National Monument, 12130 Booker T.

Washington Hwy, Hardy, VA 24101

ADDITIONAL INFO: Vendors are required to have a

Unique Entity Identifier (UEI) number and an active registration in SAM, System for Award

Management (https://sam.gov/) in order to conduct business with the Federal Government. Online

Representations and should be filled out in https://sam.gov/.

BONDS: Contractor shall submit acceptable bonds and proof of insurance as stated below within 10 days of contract award.

a. Bid Bond is required if the bid is over

Continued ...

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

Sponsored by GSA

FAR (48 CFR) 53.110

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

4 31

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140P4223Q0017

$150,000 and is to be included with the proposal in accordance with FAR Clause 52.228-1 Bid

Guarantee, and Section L of this proposal.

b. A payment bond (IAW FAR 52.226-13) is required for offers between $35,000 and $150,000. Payment and Performance (IAW 52.228-15) bonds are required if offers are $150,000 and over.

All questions must be sent to the Contract

Specialist via email at wendy_deleon@nps.gov no later than seven (7) calendar days before proposals are due.

Delivery: 100 Days After Notice to Proceed

Delivery Location Code: 0009060107

NPS, Booker T. Washington NM

12130 Booker T. Washington Highway

Hardy VA 24101 US

Period of Performance: 04/17/2023 to 08/02/2023

00010 The primary work of this project consists of HVAC related work for two buildings located at the

Booker T. Washington National Monument, 12130

Booker T. Washington Hwy, Hardy, VA 24101. The work will be broken down into two (2) phases as follows:

Phase 1 (Headquarters): Remove, replace in-kind, and dispose of existing HVAC equipment; clean existing duct work and registers; reconnect to existing duct work, and electrical.

Phase 2 (Visitor Center): Remove and dispose of existing boiler, and associated equipment at the visitor center; Configure and Install new HVAC system, including electrical work, any duct work needed, terminal devices which includes thermostats, grills, and registers; Remove and properly dispose of a 2,000 gallon heating fuel tank per EPA¿s Spill Prevention Control, and

Countermeasure (SPCC) regulation (40 CFR Part

112). All duct work to be sealed per pressure classification.

Continued ...

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

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

5 31

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140P4223Q0017

Product/Service Code: C1NB

Product/Service Description: ARCHITECT AND

ENGINEERING- CONSTRUCTION: HEATING AND COOLING

PLANTS

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

140P4223Q0017

INSTRUCTIONS TO OFFERORS:

Quotes must be in accordance with and in the order detailed in this section. Failure to submit quotes according to the instructions provided within the solicitation may result in the respondent’s quote is being deemed unacceptable.

All interested parties shall be registered in the System for Award Management or SAM at time an offer or quotation is submitted.

The offerors shall submit a quote to the contracting officer by email to wendy_deleon@nps.gov

Offers shall submit the following information in its entirety:

a) Checklist for quote submittal:

● This page of the solicitation completed as the first page in the package ☐

● Signed acknowledgement of SF1442 ☐

● Signed amendments if applicable ☐

● Submissions for Technical Proposal – Return submissions for all technical factors listed ☐

● Fill and submit with your proposal FAR provisions 52.204-24 and 52.204-26;

and FAR Clause 52.204-25 ☐

● SUBCONTRACTING PERCENTAGE WORKSHEET: Complete and submit ☐ attachment 8 "Report on Limitation on Subcontracting" form. The form itself requests input of amounts paid; however, for solicitation purposes, input projected amounts based on your proposed pricing and that of your anticipated subcontractors. Refer to Clauses FAR 52.219-14.

● A response to the following questions:

Judgments, Claims, and Lawsuits:

o Are there any judgments, claims, and/or lawsuits pending or outstanding against or involving entity or partners comprising your entity?

No ___, Yes ___. If “Yes,” submit details of all judgments or claims against either parent office or division/branch that will be responsible for the accomplishment of this project on a separate sheet.

o Is your entity or partners comprising your entity under suspension or debarment by any Federal, state or local agency, or been terminated on any past projects (Federal or others)?

No ___, Yes ___. If “Yes,” submit details on a separate sheet.

c) Contractor Core Data:

Offeror’s Name:__________________________________________________________________

Offeror’s Address:________________________________________________________________

Offeror’s Unique Entity Identifier

(UEI):__________________________________________________________________

Offeror’s POC:___________________________________________________________________

Offeror’s Phone/Email:_____________________________________________________________

AWARD SELECTION PROCESS:

BASIS FOR AWARD: Award will be made in accordance with FAR Part 13 and FAR Part 36 to the offeror that provides the best value to the government based on price, technical capability, and past performance.

This solicitation is not stating nor required to state the relative importance assigned to each evaluation factor and/or sub factor (FAR 13.106-1(a)(2)).

1. Factor 1 - Technical Capability

a. Subfactor 1A: Past Project Experience

b. Subfactor 1B: Safety

c. Subfactor 1C: Proposed Personnel and Qualifications

2. Factor 2 - Past Performance

3. Factor 3 - Price

The purpose of the technical factors is to assess the Offeror’s proposed approach, as detailed in its proposal, to satisfy the Government's requirements. The evaluation of risk is related to the technical assessment. Risk assesses the degree to which the Offeror’s proposed technical approach for the requirements of the solicitation may cause disruption of schedule, increased costs, degradation of performance, the need for increased Government oversight, or the likelihood of unsuccessful contract performance. Risk will be evaluated as one aspect of the technical evaluation, inherent in the technical evaluation factor ratings. The technical factors of the proposal presented by the Offeror to whom the award is made will be incorporated in the agreement at the time of award.

EVALUATION FACTORS

FACTOR 1 TECHNICAL CAPABILITY

Sub-Factor 1A: Past Project Experience Submit the attached "Project Experience" form addressing specific experience elements below for up to three

(3) relevant projects completed in the last five (5) years that demonstrate successful prior experience on projects similar in scope, magnitude, and complexity to the work required for this project. This includes work within a national historic landmark (or building listed in the National Register of Historic Places). Submit separate forms for each project. Key subcontractors can also submit up to three (3) relevant projects completed in the last five (5) years.

Describe Previous construction experience with Heating, ventilation, and air-conditioning (HVAC) projects in facilities with significant historical significance that includes maintaining and protecting the historic integrity of the facility. The previous construction experience shall also demonstrate experience:

a. Removal of HVAC systems

b. Installing HVAC Systems

c. Working in Historic Structures.

Project Management – Describe construction coordination experience with the owner while minimizing impacts to client/owner on-going operations. Describe Organized management, coordination, and communication of efforts between the prime contractor, its subcontractors, and the owner during construction. Include coordination with owner relative to ongoing owner operations and visitor activities.

NOTE: The same projects evaluated for experience under this factor shall also be evaluated for Past Performance (FACTOR #2). Projects determined more relevant under this factor will be given more weight in the Past Performance evaluation.

Sub-Factor 1B: Safety Submit an overview of your company’s Construction Safety Program and an assessment of the safety risks associated with this construction project. Discuss any changes to your company’s Construction Safety Program required to address your assessment of the project risk. Include the names, resumes, and specific safety training completed (i.e., OSHA, etc.) for the proposed Project Site Safety Manager for this project. Additionally, submit a copy of OSHA 300A logs for the previous three calendar years along with a statement from your insurance company showing your company’s current Experience Modification Rate (EMR).

Sub-Factor 1C: Proposed Personnel and Qualifications Offeror shall provide the qualifications for the proposed Job-site Superintendent and Project Manager. Submit attachment 7 "Key Personnel Qualifications” for each key personnel.

Qualifications shall demonstrate education, relevant credentials, skills, training, and five (5) years of professional experience for the assigned roles for this project and specific skills or experience.

NOTE: The indicated levels of experience cited above and in the statement of work (SOW) represent the minimum acceptable levels. Experience exceeding the minimum may be indicated. Experience which does not meet the minimum may result in an unacceptable rating for this factor.

TECHNICAL CAPABILITY RATINGS.

The Government shall evaluate the offeror’s proposal against the minimum requirements identified as:

Subfactor 1A: Acceptable rating when the firm clearly shows the firm’s completion of a minimum of three (3) construction projects of similar size, scope, or complexity involving removal and installation of HVAC system; and working on historic buildings within the last five (5) years.

Subfactor 1B: Acceptable safety program narrative that assess the safety risks associated with this construction project. Also provides and overview of the offeror’s Construction Safety Program to include safety officer’s qualifications, OSHA 300A Log and insurance company statement showing offeror’s current EMR.

Subfactor 1C: Acceptable rating when the firm clearly names a proposed Project Manager / Site Superintendent:

was a minimum of 5 years of project management experience on similar historical projects

The ratings below include the consideration of risk in conjunction with the strengths, weaknesses, significant weaknesses, uncertainties, and deficiencies in an offeror’s technical proposal.

Adjectival Rating Description

Acceptable Proposal meets requirements and indicates an adequate approach and understanding of the requirements. and risk of unsuccessful performance is low.

Unacceptable Proposal does not meet requirements of the solicitation and thus contains one or more deficiencies, and/or risk of unsuccessful performance is unacceptable.

FACTOR 2 – PAST PERFORMANCE

The past performance evaluation is an assessment of the offeror’s probability of meeting the minimum past performance solicitation requirements. This assessment is based on the offeror’s record of relevant and recent past performance information that pertain to the products and/or services outlined in the solicitation requirements.

Submit attachment 6 “Past Performance Questionnaire” for the same projects submitted under Project Experience (subfactor 1A). Information may be regarding the offeror's firm and/or its proposed subcontractors performing key trades and other construction activities. Subcontractor past performance will only be considered if it correlates to the work the subcontractor will be performing on this requirement. If available, offerors may submit a Past Performance Information Retrieval System (PPIRS) evaluation report in lieu of the Past Performance Questionnaire.

Submittal process for the Past Performance Questionnaire is as follows:

1) Complete Sections I and II only of the attached Past Performance Questionnaire and forward to your client reference. The reference shall be someone who was substantially involved with the project and can provide a complete, objective assessment of your performance. Direct them to complete and submit the survey to the address and point of contact in paragraph B above by the due date and time for proposal receipt.

2) Submit copies of the questionnaire that you forwarded to your references with their point of contact information in this proposal Volume I.

3) Submit a narrative disclosing any instances of past performance that may be considered less than fully satisfactory. Describe pertinent facts, circumstances and any remedial action taken or to be taken to correct the deficiency. Failure to disclose such instances could result in an unfavorable assessment of the offeror's past performance record.

PAST PERFORMANCE RATING:

The Government shall evaluate the offeror’s past performance against the minimum requirements identified as recent and relevant past performance in providing similar services.

NOTE: In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305 (a)(2)(iv)). Therefore, the offeror shall be determined to have unknown (or “neutral”) past performance. In the context of acceptability/unacceptability, a neutral rating shall be considered “acceptable.”

The Past Performance evaluation is conducted in order to determine whether the proposal is acceptable or unacceptable, using the ratings and descriptions in the following table.

Adjectival Rating Description Acceptable Based on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown. (See Note above)

Unacceptable 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.

FACTOR 3 – PRICE

Price Assessment: The Price Factor will not have an adjectival rating assigned.

The Government shall evaluate the price of the services being acquired to determine that the total price is reasonable.

Unbalanced pricing- Unbalanced pricing may increase performance risk and could result in payment of unreasonably high prices. Offerors are cautioned that a proposal may be rejected if unbalanced pricing exists, and the contracting officer determines that the lack of balance poses an unacceptable risk to the Government.

The total evaluated price will be determined as follows: Except when it is determined not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

PROVISIONS SECTION:

52.252-1 Solicitation Provisions Incorporated by Reference FEB 1998

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): https://www.acquisition.gov.

52.204-7 System for Award Management Oct 2018

52.204-16 Commercial and Government Entity Code Reporting Aug 2020

52.204-22 Alternative Line Item Proposal Jan 2017

Provisions incorporated full text:

52.204-8 Annual Representations and Certifications Dec 2022

(a) (1) The North American Industry Classification System (NAICS) code for this acquisition is 238220

(2) The small business size standard is $16.5M

(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees if the acquisition—

(i) Is set aside for small business and has a value above the simplified acquisition threshold;

(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(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;

https://www.acquisition.gov/ 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

(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 & II). This provision applies to solicitations when the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).

(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 is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).

(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 products or commercial services.

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#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 $92,319, the provision with its

Alternate II applies.

(D) If the acquisition value is $92,319 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.] __X (i) 52.204-17, Ownership or Control of Offeror.

__X (ii) 52.204-20, Predecessor of Offeror.

__ (iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

__ (iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment- Certification.

__ (v) 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Certification.

__ (vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA–Designated Products (Alternate I only).

(vii) 52.227-6, Royalty Information.

__ (A) Basic.

__ (B) Alternate I.

__ (viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(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 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.sam.gov/ https://www.acquisition.gov/content/part-4-administrative-and-information-matters#i1121876

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

NOV 2021

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 paragraph (c)(1) in the provision at 52.204–26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212–3, Offeror Representations and Certifications–Commercial Products or Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it ‘‘does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services’’ in paragraph (c)(2) of the provision at 52.204–26, or in paragraph (v)(2)(ii) of the provision at 52.212–3.

(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— https://www.acquisition.gov/far/part-52#FAR_52_204_25

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.

(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.

52.204-26 Covered Telecommunications Equipment or Services - Representation Oct 2020

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” and “reasonable inquiry” have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) 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”.

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

(c) Representations. (1) The Offeror represents that it [ ] does, [ ] 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.

(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 any equipment, system, or service that uses covered telecommunications equipment or services.

52.222-5 Construction wage rate requirements- secondary site of work May 2017 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.

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

12% Use link below to look up goal for location of work https://www.dol.gov/sites/dolgov/files/ofccp/ParticipationGoals.

pdf

6.9% (nationwide goal)

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 http://acquisition.gov/far/current/html/52_222.html#wp1147505 https://www.dol.gov/sites/dolgov/files/ofccp/ParticipationGoals.pdf https://www.dol.gov/sites/dolgov/files/ofccp/ParticipationGoals.pdf 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 the job site in Franklin County, Virginia.

52.225-10 Notice of Buy American Requirement--Construction Material 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.