Sol_140P4321Q0040.pdf

140P4321Q0040

1. REQUEST NO.

5a. ISSUED BY

NAME

a. NAME

c. STREET ADDRESS

d. CITY

10. PLEASE FURNISH QUOTATIONS TO

THE ISSUING OFFICE IN BLOCK 5a ON

OR BEFORE CLOSE OF BUSINESS (Date)

2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG.1

RATING

6. DELIVERY BY (Date)

7. DELIVERY

9. DESTINATION

a. NAME OF CONSIGNEE

b. STREET ADDRESS

PAGE OF PAGES

5b. FOR INFORMATION CALL: (No collect calls)

TELEPHONE NUMBER

AREA CODE NUMBER

8. TO:

b. COMPANY

e. STATE f. ZIP CODE

c. CITY

d. STATE e. ZIP CODE

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

THIS RFQ

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

IS IS NOT A SMALL BUSINESS SET ASIDEX

07/07/2021 0040535067

1 28

Boston National Historical Park Charlestown Navy Yard Building I-1

NPS, NER - NE MABO

Boston MA 02129-4543

09/30/2021

NPS, Katahdin Woods & Waters NM

P.O. Box 446

Patten

ME 04765

617 242-1508Cheryl Maison

07/30/2021 1700 ED

FOB DESTINATION

OTHER

(See Schedule)X

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

This is a firm fixed price Request for Quote (RFQ) for construction services prepared in accordance with the format in the Federal Acquisition Regulations (FAR) Part 13 and Part 36, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation issued as Request for Quotation (RFQ) 140P4321Q0040, Replace Culverts and Bridge, Katahdin Woods and Waters National Monument, Penobscot County, Maine. FAR clauses and provisions enclosed within this RFQ are those in effect through Federal Acquisition Circular (FAC) 2021-05 dated March 10, 2021 and are available in full text through Internet access at http://www.acquisition.gov/far/.

Continued ...

12. DISCOUNT FOR PROMPT PAYMENT

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS

NUMBER PERCENTAGE

NOTE: Additional provisions and representations

13. NAME AND ADDRESS OF QUOTER

b. STREET ADDRESS

c. COUNTY

d. CITY e. STATE f. ZIP CODE

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

16. SIGNER

a. NAME (Type or print)

c. TITLE (Type or print)

a. NAME OF QUOTER

AREA CODE

NUMBER

15. DATE OF QUOTATION

b. TELEPHONE are are not attached

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

STANDARD FORM 18 (REV. 6-95)

Prescribed by GSA - FAR (48 CFR) 53.215-1(a)

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

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CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

140P4321Q0040

This procurement is a TOTAL SMALL BUSINESS

SET-ASIDE. The Small Business Administration

Size Standard for NAICS Code 237310, Highway, Street, and Bridge Construction and the small business size standard is $39.5million.

The scope of this contract is to provide all tools, labor, equipment, supervision, transportation and materials necessary to fully restore a culvert system to full working order and remove one existing bridge and replace it with a structure adequately sized for Atlantic salmon passage.

The location of the work is Katahdin Woods and

Waters National Monument, Penobscot County, Maine.

The onsite period of performance is August 9, 2021 to September 30, 2021.

Department of Labor Construction Wage Rate

General Decision Number: ME20210031 shall apply.

The order of magnitude for this project is estimated to be between $100,000 and $250,000.

Interested parties are strongly encouraged to inspect site prior to quoting. An organized site visit is scheduled for July 20, 2021 at 10:00AM.

Refer herein to provision 52.236-27, Site Visit, for details.

Refer herein to section entitled INSTRUCTIONS TO

OFFERORS for quote submittal requirements.

Offerors shall submit a quote to the contracting specialist by email to cheryl_maison@nps.gov no later than July 30, 2021 at 5:00PM.

Any questions regarding this solicitation shall be submitted in writing via email to the Contract

Specialist, Cheryl Maison, at cheryl_maison@nps.gov. Questions should be submitted no later than five business days prior to the due date.

Offerors shall submit proposals and questions and acknowledge solicitation amendments as stated in the section entitled INSTRUCTIONS TO OFFERORS.

Bid Guarantee and Performance and Payment Bonds are required for this Solicitation. In accordance with FAR Part 28.1 Bonds and Other Financial

Continued ...

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

3 28

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

140P4321Q0040

Protection, and FAR Clause 52.228-1, a Bid

Guarantee is required. The Bid Guarantee shall be at least 20 percent of your proposed price. In accordance with FAR Part 28.102 Performance and

Payment Bonds and alternative payment protections for construction contracts, and FAR Clause

52.228-15, Performance and Payment Bonds are required.

Legacy Doc #: NPS

Period of Performance: 08/09/2021 to 09/30/2021

00010 Firm fixed price construction service to replace the Messer Pond culvert at Katahdin Woods and

Waters National Monument, Penobscot County, Maine in accordance with the Statement of Work, Attachment 1, and U.S. Department of Labor, Construction Wage Rate General Decision Number:

ME20210031, Attachment 4.

Product/Service Code: M1LC

Product/Service Description: OPERATION OF TUNNELS

AND SUBSURFACE STRUCTURES

Delivery: 09/30/2021

00020 Firm fixed price construction service to replace

Messer Pond Bridge at Katahdin Woods and Waters

National Monument, Penobscot County, Maine in accordance with the Statement of Work, Attachment

2, and U.S. Department of Labor, Construction

Wage Rate General Decision Number: ME20210031, Attachment 4.

Product/Service Code: Y1LB

Product/Service Description: CONSTRUCTION OF

HIGHWAYS, ROADS, STREETS, BRIDGES, AND RAILWAYS

Delivery: 09/30/2021

00030 Option Item: Firm fixed price construction service to replace Kimball Brook culvert at

Katahdin Woods and Waters National Monument, Penobscot County, Maine in accordance with the

Statement of Work, Attachment 3, and U.S.

Department of Labor, Construction Wage Rate

General Decision Number: ME20210031, Attachment 4.

(Option Line Item)

Product/Service Code: M1LC

Continued ...

4 28

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

140P4321Q0040

Product/Service Description: OPERATION OF TUNNELS

AND SUBSURFACE STRUCTURES

Delivery: 09/30/2021

Request for Quotation 140P4321Q0040

REMOVE AND REPLACE BRIDGE AND CULVERTS

KATAHDIN WOODS AND WATERS NATIONAL MONUMENT

This is a request for quotations for construction services prepared in accordance with the format in the Federal Acquisition Regulations (FAR) Part 13 and Part 36, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation issued as Request for Quotation (RFQ) 140P4321Q0040, Remove and Replace Bridge and Culverts at Katahdin Woods and Waters National Monument, Penobscot County, Maine. FAR clauses and provisions enclosed within this RFQ are those in effect through Federal Acquisition Circular (FAC) 2021-05 dated March 10, 2021 and are available in full text through Internet access at http:// www.acquisition.gov/far/.

Type of Contract: Construction, Firm Fixed Priced (FFP), Single Award Contract County: Penobscot County, Maine Type of Construction: Heavy

Magnitude:

Between $100.000.00 and $250,000.00

NAICS: 237310, Highway, Street, and Bridge Construction

SIZE STD:

$39.5 million

SET-ASIDE:

Total Small Business

National Park Service Contracting Specialist Contracting Officer (CO)

Name: Cheryl Maison Wendy DeLeon

Email: cheryl_maison@nps.gov wendy_deleon@nps.gov

AWARD SELECTION PROCESS:

1.0 BASIS FOR AWARD: This solicitation is a Request for Quote (RFQ) that will be evaluated for the best value to the government in accordance with FAR 13.106-2, Evaluation of Quotations or Offers. Award will be made on the basis of the lowest evaluated price of quotations meeting or exceeding the acceptability standards for non-cost factors (Acceptable/Unacceptable criteria are listed below). Past performance will be evaluated in accordance with 15.305.

Tradeoffs are not permitted. Proposals will be evaluated for acceptability but not ranked using the non-cost/price factors. Exchanges may occur (see 15.306).

2.0 EVALUATION CRITERIA.

2.1 The evaluation factors include Non-price Factors and Price.

2.1.2 Non-Price Factors are identified as Technical and Past Performance.

2.1.2.1 TECHNICAL FACTORS: EXPERIENCE: The purpose of the technical factors is to assess the proposer’s construction experience on projects of similar size, scope, or complexity.

2.1.2.2 TECHNICAL FACTOR 1: QUALIFIED PERSONNEL (Acceptable/Unacceptable) – Proposals shall include resumes or similar documentation to meet the following minimum worker qualifications:

2.1.2.2.1 Project Manager / Site Superintendent: minimum of 5 years of project management experience on similar projects. (NOTE – substitutions of Key Personnel are subject to the Key Personnel clause found herein)

2.1.2.3 TECHNICAL FACTOR 2: CONTRACTOR’S EXPERIENCE (Acceptable/Unacceptable)

2.1.2.3.1 Firm shall have completed a minimum of three (3) / maximum of five (5) construction projects of similar size, scope, or complexity within the last five (5) years.

2.1.2.3.1.1 The government will evaluate the capability of the offeror on the basis of the above and its demonstrated ability to comply with instructions. The government will evaluate each offeror’s organizational experience on the basis of its breadth, its depth, and its relevance to the work that will be required under the prospective contract.

2.1.2.4 PAST PERFORMANCE (Acceptable/Unacceptable) 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.

3.0 TECHNICAL FACTOR RATING CRITERIA:

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

3.1.1 Technical Factor 1. 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 projects

3.1.2 Technical Factor 2. 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 within the last five (5) years.

3.2 The Experience 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 Proposal meets the requirements of the solicitation.

Unacceptable Proposal does not meet the requirements of the solicitation.

4.0 PAST PERFORMANCE FACTOR RATING CRITERIA:

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

4.1.1 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.”

4.2 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.

5.0 PRICE EVALUATION. The Government shall evaluate the price of the construction services being acquired (see FAR 13.106-2) to determine if the price is fair and reasonable. However, no adjectival ratings shall be utilized for evaluating price.

5.1 All proposals with separately priced line items or subline items (including options(s)) shall be analyzed to determine if the prices are unbalanced (FAR 15.404-1(g)). Proposals may be rejected if the Contracting Officer determines the lack of balance poses an unacceptable risk to the Government.

5.2 Cost realism analyses may be used, in exceptional cases, on competitive fixed-price type contracts to assess the offeror’s understanding of the requirement. Results of these analyses may be used in cost risk assessments, performance risk assessments and responsibility determinations.

GENERAL

(a) The National Park Service (NPS) is seeking quotations for construction services as attached in the accompanying statement of work. The NPS intends to conduct this acquisition by use of simplified acquisition procedures in accordance with FAR Part 13.

(b) To assure timely and equitable evaluation of quotations, respondents are cautioned to strictly comply with all instructions within this solicitation to ensure submission of a complete quotation. Respondents are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements.

Failure to adhere to quotation requirements, at the time of submission, may result in the quotation being unacceptable to the Government and eliminated from consideration for award.

(c) Respondents are cautioned to submit adequate information to enable the Government to fully ascertain each respondent’s capability to perform the requirements in accordance with the requirements of the request for quotation

(RFQ).

(d) If a respondent believes that requirements in these instructions contain an error, omission, or are otherwise flawed, the respondent shall immediately notify the Contracting Officer in writing (email is the preferred method) with supporting rationale prior to the closing of this RFQ.

(e) This RFQ does not commit the Government to any costs incurred in the preparation and submission of a quote or for any other costs incurred by any firm submitting a quote in response to this solicitation. Note specifically that the Offeror will not be participating in a sealed bid procurement process under this acquisition method. Issuance of this RFQ does not constitute an award commitment on the part of the Government.

(f) Quotation must be valid for a minimum of 60 days.

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

(h) Award is subject to and based on the availability of funds. This project is currently funded based upon an independent cost estimate.

(i) Respondents shall not contact any government personnel related to this requirement other than the Contracting Officer and Contracting Specialist.

(j) All questions should be emailed directly to the Contracting Specialist. Only written RFI’s will be considered and responded to by the Government. NPS responses to RFIs will be posted as an amendment to the solicitation.

SPECIAL CONTRACT REQUIREMENTS

WORK HOURS

The performance period established for this contract is based upon all work being conducted during regular working hours between 7:00am and 5:00pm, Monday through Friday, excluding government holidays. If the Contractor desires to carry on work outside regular hours, including Saturdays, Sundays, official ceremonies, and government holidays, a written request must be submitted to the Contracting Officer in sufficient time to review the request for acceptability and, if accepted by the Contracting Officer, to allow satisfactory arrangements to be made by the Government for access to the work site and inspection. The request shall include number of personnel, expected work hours, and nature of work to be conducted.

The following Federal Legal Holidays are observed: New Year’s Day, Martin Luther King, Jr. Day, President’s Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, Christmas

PERIOD OF PERFORMANCE

Any on-site work can begin after receipt of the Notice to Proceed (NTP).

NTP will be issued upon receipt of acceptable bonding and insurance, requited submittals accepted by the Government, and the Preconstruction Conference conducted.

All onsite work to be performed: From Date of Award to September 20, 2021

SPECIAL CLAUSE: KEY PERSONNEL

(a) The Contractor shall assign to this contract the following key personnel:

Project Manager / Site Superintendent

(b) During the first 45 days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 30-day period, the Contractor shall submit the information required by paragraph

(c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer.

Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. This clause will be modified to reflect any approved changes of key personnel.

(End of clause)

AGENCY PROTESTS

(a) Interested parties may request an independent review at a level above the Contracting Officer of protests filed directly with the agency. This review is available as an alternative to consideration of the protest by the Contracting Officer or as an appeal of the Contracting Officer's response to the protest. An interested party may:

(1) Protest to the Contracting Officer;

(2) Protest directly to the Bureau Procurement Chief without first protesting to the Contracting Officer; or

(3) Appeal a contracting officer’s decision to the Bureau Procurement Chief.

(b) Requests for Bureau Procurement Chief review should be addressed to:

Beth Walden-McCabe Bureau Procurement Chief National Park Service Washington Contracting Office 12795 W. Alameda Parkway Lakewood, CO 80228

(c) Requesting independent agency review will not extend the Government Accountability Office’s (GAO’s) timeliness requirements. Any subsequent protest to the GAO must be filed within ten days of knowledge of initial adverse agency action (see 4 CFR 21.2(a)(3).)

(End of Clause)

Special Notice #1. Documents identified by the Government as required to be submitted prior to the Preconstruction Conference/Meeting are required to be submitted within the dates specified by the contract documents. Government required documents not identified with a specific delivery date are due to the Contracting Officer within 10 business days of the date of the Contracting Officer’s Notice of Award. The requirements for the submittals are found in the Project Specifications, award clauses, and/or in the body of the Notice of Award.

Special Notice #2. Federal Acquisition Regulation (FAR) clause 52.228-13, Alternative Payment Protections, is applicable to the award and is incorporated by full text herein.

Special Notice #3. Special Requirements for Coronavirus Pandemic (COVID-19)

1, Contractors are responsible for their employees’ safety and the safety of job site visitors during the performance of this contract. We encourage contractors to follow guidance from the Department of Labor, Occupational Safety and Health Administration (OSHA), the Centers for Disease Control and Prevention (CDC), and all other applicable local, city, and state mandates. We encourage contractors to develop policies for infection prevention and an Infectious Disease Preparedness and Response Plan.

2. To the extent appropriate, Contractors should include the protective health and safety measures they intend to implement related to COVID-19 in any accident prevention or safety submittals required under this contract. These plans should contain preventive measures the contractor intends to follow while performing work on government property as well as responsive and corrective actions to be taken if an employee exhibits symptoms or tests positive for COVID-19. It is appropriate to discuss these plans in any solicitation response that addresses the Contractor’s proposed approach to achieving contract requirements.

3. Upon contract award, contractors should communicate with the Contracting Officer regarding contractor decisions and actions to protect the health and safety of workers for the duration of contract performance under which pandemic conditions exist.

4. The following websites provide guidance and information:

a. https://www.coronavirus.gov/

b. https://www.osha.gov/SLTC/covid‐19/

c. https://www.cdc.gov/coronavirus/2019‐ncov/index.html

d. https://www.cdc.gov/coronavirus/2019‐ncov/community/organizations/constructionworkers. html

e. https://www.fema.gov/coronavirus

f. https://www.nps.gov/aboutus/news/public‐health‐update.htm

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 “non-responsive.”

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 specialist by email to cheryl_maison@nps.gov.

Offers shall be submit the following information in its entirety:

a) Price schedule in accordance with statement of work. Shall at a minimum include price breakdown of major components and total project cost.

b) Checklist for quote submittal:

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

● Signed acknowledgement of SF 18 ☐

● Signed amendments if applicable ☐

● Quotes shall include resumes or similar documentation to meet the following minimum worker ☐ qualifications: Project Manager / Site Superintendent: minimum of 5 years of project management experience on similar projects. (NOTE – substitutions of Key Personnel are subject to the Key Personnel clause found herein).

● Submit a minimum of three (3) / maximum of five (5) construction projects of similar size, scope, or complexity completed by your company within the last five (5) years. ☐ o Brief description of project ☐ o Dollar value of completed project ☐ o Point of contact information (name, email, telephone #) ☐

● 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:

Offerors Name:__________________________________________________________________

Offerors Address:________________________________________________________________

Offerors DUNS:__________________________________________________________________

Offerors POC:___________________________________________________________________

Offerors Phone/Email:_____________________________________________________________

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 52.204-19 Incorporation by Reference of Representations and Certifications DEC 2014 52.204-22 Alternative Line Item Proposal JAN 2017

Provisions incorporated 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, Highway, Street, and Bridge Construction.

(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.

https://www.acquisition.gov/ https://www.acquisition.gov/far/52.204-7#FAR_52_204_7 https://www.acquisition.gov/far/52.204-7#FAR_52_204_7 https://www.acquisition.gov/far/52.203-2#FAR_52_203_2 https://www.acquisition.gov/far/part-13#FAR_Part_13 https://www.acquisition.gov/far/52.203-11#FAR_52_203_11 https://www.acquisition.gov/far/52.203-18#FAR_52_203_18

(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, CertificationRegarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(x) 52.214-14, Place of Performance-Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.

(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xvi) 52.222-38, Compliance with Veterans’ Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA–designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

https://www.acquisition.gov/far/52.204-3#FAR_52_204_3 https://www.acquisition.gov/far/52.204-7#FAR_52_204_7 https://www.acquisition.gov/far/52.204-5#FAR_52_204_5 https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.209-2#FAR_52_209_2 https://www.acquisition.gov/far/52.209-5#FAR_52_209_5 https://www.acquisition.gov/far/52.209-11#FAR_52_209_11 https://www.acquisition.gov/far/52.214-14#FAR_52_214_14 https://www.acquisition.gov/far/52.215-6#FAR_52_215_6 https://www.acquisition.gov/far/52.219-1#FAR_52_219_1 https://www.acquisition.gov/far/52.219-2#FAR_52_219_2 https://www.acquisition.gov/far/52.222-22#FAR_52_222_22 https://www.acquisition.gov/far/52.222-26#FAR_52_222_26 https://www.acquisition.gov/far/52.222-25#FAR_52_222_25 https://www.acquisition.gov/far/52.222-26#FAR_52_222_26 https://www.acquisition.gov/far/52.222-38#FAR_52_222_38 https://www.acquisition.gov/far/52.223-1#FAR_52_223_1 https://www.acquisition.gov/far/52.223-2#FAR_52_223_2

(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.

https://www.acquisition.gov/far/52.223-4#FAR_52_223_4 https://www.acquisition.gov/far/52.223-22#FAR_52_223_22 https://www.acquisition.gov/far/52.204-7#FAR_52_204_7 https://www.acquisition.gov/far/52.225-2#FAR_52_225_2 https://www.acquisition.gov/far/52.225-1#FAR_52_225_1 https://www.acquisition.gov/far/52.225-4#FAR_52_225_4 https://www.acquisition.gov/far/52.225-3#FAR_52_225_3 https://www.acquisition.gov/far/52.225-6#FAR_52_225_6 https://www.acquisition.gov/far/52.225-5#FAR_52_225_5 https://www.acquisition.gov/far/52.225-20#FAR_52_225_20 https://www.acquisition.gov/far/52.225-25#FAR_52_225_25 https://www.acquisition.gov/far/52.226-2#FAR_52_226_2 https://www.acquisition.gov/far/52.204-17#FAR_52_204_17 https://www.acquisition.gov/far/52.204-20#FAR_52_204_20 https://www.acquisition.gov/far/52.222-18#FAR_52_222_18 https://www.acquisition.gov/far/52.222-48#FAR_52_222_48 https://www.acquisition.gov/far/52.222-52#FAR_52_222_52 https://www.acquisition.gov/far/52.223-9#FAR_52_223_9 https://www.acquisition.gov/far/52.227-6#FAR_52_227_6

__ (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 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

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 Items. 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 https://www.acquisition.gov/far/52.227-15#FAR_52_227_15 https://www.sam.gov/ https://www.acquisition.gov/far/4.1201#FAR_4_1201 https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 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.

(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— https://www.sam.gov/

(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".

(c) (1) Representation. 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.

(End of provision)

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.

https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.sam.gov/ http://acquisition.gov/far/current/html/52_222.html#wp1147505

(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

4.0% 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…