Solicitation N4008521B0056.pdf

ACQR5884892

DESIGN BID BUILD CONSTRUCTION PROJECT FOR PIER 11 SOUTH BERTH EXPANSION NEW DREDGING AND PIER 5 NORTH AND 6 NORTH MAINTENANCE DREDGING AT NAVFAC SYSTEMS COMMAND, NAVAL STATION NFORFOLK, NORFOLK, VIRGINIA.

COMPETITION REQUIREMENT: FULL AND OPEN COMPETITION

PROCUREMENT METHOD - INVITATION FOR BIDS

ESTIMATED COST RANGE; More than $10,000,000.00 NAICS CODE: 237990_ except: To be considered small for purposes of Government procurement, a f irm must perform at least 40 percent of the volume dredged w ith its ow n equipment or equipment ow ned by another small dredging concern.

PSC CODE: Z1KF

ALL BIDS INQUIRIES MUST BE SUBMITTED NO LATER THAN 10 DAYS PRIOR TO BID OPENING DATE. All inquiries must be emailed to kathryn.l.arnold3.civ@us.navy.mil and submitted on PBI Log (provided as an attachment herein). All plans, specif ications and amendments w ill be posted to the Sam.gov w ebsite.

BIDDERS SHALL PROVIDE THE FOLLOWING INFORMATION:

DUNS:

CAGE:

CONTRACTOR POC:

EMAIL:

PHONE:

NAVFAC DRAWINGS, SPECS AND APPENDIX A, B and C DOCUMENTS WILL BE PROVIDED AS ATTACHMENTS.

Failure to provide this information may result in rejection of the bid.

X

KATHRYN L. ARNOLD 757-341-0423

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

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS

NEGOTIATED

30-Sep-2021

(RFP)

(IFB)

CALL:

Pier 11S Berth Exp New Dred and 5N and 6N Maint Dredging

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______15 calendar days and complete it w ithin ________180 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________52.211-10

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

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

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________01 Nov 2021 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

shall be marked to show the offeror's name and address, the solicitation number, and the date and time of fers are due.

B. An offer guarantee X is, is not required.

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

D. Offers providing less than _______120 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

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

4. CONTRACT NO.

7. ISSUED BY CODE

NAVFACSYSCOM MID-ATLANTIC

PWD NORFOLK

FACILITIES ENGINEERING & ACQ DIV

9324 VIRGINIA AVENUE

NORFOLK VA 23511-3624

N40085

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

02:00 PM (hour)

Sealed envelopes containing offers

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

1663506

8. ADDRESS OFFER TO (If Other Than Item 7)

FAX:TEL: TEL: FAX:

N4008521B0056 96

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

SOLICITATION, OFFER, AND AWARD (Continued) (Construction, Alteration, or Repair)

CODE FACILITY CODE

17. The offeror agrees to perform the w ork required at the prices specif ied below in strict accordance w ith the terms of this solicitation, if this offer is accepted by the Government in w riting w ithin ________ calendar days after the date offers are due.

the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS SEE SCHEDULE OF PRICES

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

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

CODE27. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY

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

See Item 14

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

30B. SIGNATURE

29. AWARD (Contractor is not required to sign this document.)

document and return _______ copies to issuing office.) Contractor agrees Your of f er on this solicitation, is hereby accepted as to the items listed. This award con-to f urnish and deliv er all items or perf orm all work, requisitions identif ied summates the contract, which consists of (a) the Gov ernment solicitation and on this f orm and any continuation sheets f or the consideration stated in this y our of f er, and (b) this contract award. No f urther contractual document is contract. The rights and obligations of the parties to this contract shall be necessary .

gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certif ications, and specif ications or incorporated by ref er-ence in or attached to this contract.

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

30C. DATE

(Type or print)

TEL: EMAIL:

31B. UNITED STATES OF AMERICA 31C. AWARD DATE

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

N4008521B0056

Section 00 10 00 - Solicitation

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Pier 11S New Dredging

FFP

Work will consist of providing the total costs associated with FY 22 Maintenance Dredging, Naval Station, Norfolk, Virginia, in accordance with Specifications (labeled as eProjects #1663506) and Drawings #1234668 through 12834670, 12834672 through 12834673, 12847048 Through 12847049 and 12834674..

Offerors will submit prices on Attachment D, Price Bid Worksheet along with the required Bid Bond.

FOB: Destination

PURCHASE REQUEST NUMBER: ACQR5884892

PSC CD: Z1KF

NET AMT

OPTION Pier 5N Maintenance Dredging

FFP

Work will be performed in accordance with the drawings, specifications and permits. Work includes maintenance dredging via conventional clamshell or hydraulic Cutterhead Dredge, Dispose at Craney Island Dredge Material Management Area Upland Cell or Rehandling Basin. Unit price shall include all transportation and disposal related costs including Craney Island disposal fees payable to the Army Corps of Engineers. The Government shall not be responsible for payment of any Craney Island disposal fees. Once the notice to proceed has been issued (within 90 calendar days from the contract award date) the contractor shall commence with mobilization and dredging maintenance within 30 calendar days. All maintenance dredging work shall be completed and accepted by the Government. All work must be completed within 180 calendar days from notice to proceed.

FOB: Destination

OPTION Pier 6N Maintenance Dredging

FFP

Work will be performed in accordance with the drawings, specifications and all permits. Work includes maintenance dredging via conventional clamshell or hydraulic Cutterhead Dredge, Dispose at Craney Island Dredge Material Management Area Upland Cell or Rehandling Basin. Unit price shall include all transportation and disposal related costs including Craney Island disposal fees payable to the Army Corps of Engineers. The Government shall not be responsible for payment of any Craney Island disposal fees. Once the notice to proceed has been issued (within 90 calendar days from the contract award date) the contractor shall commence with mobilization and dredging maintenance within 30 calendar days. All maintenance dredging work shall be completed and accepted by the Government. All work must be completed within 180 calendar days from Notice to proceed FOB: Destination

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 180 dys. ANP N/A

FOB: Destination

0002 180 dys. ANP N/A

0003 180 dys. ANP N/A

Section 00 21 13 - Instructions to Bidders

GENERAL REQUIREMENTS

Description: PIER 11S BERTH EXPANSION NEW DREDGING AND PIER 5N AND 6N MAINTENANCE

DREDGING

Installation; (SA) & Location/UIC: N62688 NAVSTA NORFOLK VA (MAIN BASE)

NORFOLK, VIRGINIA

Description of Proposed Construction

Scope of Work for FY22 Pier 11S Berth Expansion New Dredging and Pier 5N and 6N Maintenance Dredging at Norfolk Naval Station, Norfolk, VA

The work includes New Dredging of Pier 11 South Berth Expansion Area and Maintenance Dredging of the outer berths of Piers 5 North and 6 North. Maintenance Dredging of the outer berths of Piers 5 North and 6 North and Non-POL Contaminated Material from the Berth Expansion Area may be dredged via conventional clamshell bucket, transported via sealed scow/barge and deposited into the CDMMA Rehandling Basin or pumped via hydraulic unloader to an upland cell of the Craney Island Dredge Material Management Area (CDMMA) or dredged via hydraulic cutterhead dredge and pumped directly upland cell of CDMMA. Location of deposition within Craney Island Project Site is subject to change and should be coordinated with the Army Corps of Engineers before dredging begins. A portion of the Pier 11S Berth Expansion area contains sediment contaminated with Petroleum, Oil and Lubricant (POL) material as shown on the plans.

The POL contaminated material shall be dredged via conventional clamshell bucket and disposed at an upland facilty as specified herein and on plans.

Dredging from on-site location and placement of sandy material to be used as side-slope capping (as shown on plans) shall be done via conventional clamshell bucket.

Additional work as shown on the plans and specification shall be performed, including but not limited to, placement of sandy capping material dredged on-site (as shown on plan) and rip-rap armor stone layers along southern and eastern side slopes of Berth Expansion Area to cap disturbed POL contaminated material remaining in place and removal and disposal of debris remaining after the past demolition of steel sheet piling cofferdam break water and timber breakwater structures. Remaining debris may include steel sheet piling stubs and timber piling stubs, concrete rubble and rip-rap stone.

Section 00 10 00 – Solicitation

STATEMENT OF WORK

INVITATION FOR BID

FY22 PIER 11S BERTH EXPANSION NEW DREDGING AND PIER 5N AND 6N MAINTENANCE

DREDGING AT NAVAL STATION NORFOLK, NORFOLK, VA

The following (8) documents have been uploaded to www.sam.gov as separate attachments:

Attachment 1 – Appendix A_Permits Attachment 2 – Appendix B_Summary_DredgeSamplingResults Attachment 3 – Appendix C_On-Base Material Staging_Mixing_Offloading_Area Attachment 4 - Pier11South_Specs Attachment 5 - NSN P11S Berth Expansion And Maint Dredge_Final_Plan Attachment 6 - Price Bid Worksheet (Bid Schedule) Attachment 7 – Pre-Bid Inquiries (PBI) Form

Attachment 8 - Subcontracting Plan

Section 00 21 13 – Instructions To Bidders

THE FOLLOWING DOCUMENTS SHALL BE SUBMITTED WITH THE BID:

Standard Form 1442, Solicitation, Offer and Award (Submit SECTION 001000 – Lump sum pricing for CLIN 0001 AA-AJ (Base Price), CLIN 0002 (Option Item 0001) and CLIN 0003 (Option Item 2).

Please be sure to fill out the lump sum pricing for the Base Bid (CLIN 0001AA-AJ), CLIN 0002 (Option Item 0001) and CLIN 0003 (Option Item 2) on the SF1442. The SF1442 and bid schedule shall be submitted.

Acknowledgements of any Amendments issued.

Bid Bond Guarantee (FAR 52.228-1(c)) The amount of the bid guarantee shall be 20 percent of the bid price or $3,000,000.00, whichever is less.

RESPONSIBILITY DETERMINATION INFORMATION - In order to be eligible for award, the bidder must be determined responsible in accordance with FAR Part 9, specifically 9.104-1, General Standards. The apparent successful low bidder will be required to provide the following information within 3 days of the bid opening:

- Description of Contractor’s facilities and equipment.

- One (1) Signed Bank Reference demonstrating adequate financial resources. If offeror’s firm has a line of credit – provide information on how many figures offeror can borrow against the line of credit (i.e. medium 6 figures – exact line of credit is not required).

- The latest three complete fiscal year financial statements for the prime contractor, certified by an independent accounting firm, if practicable, or signed by an authorized officer of the organization. Submit evidence of availability of working/operating capital, which will be used for the performance of the resultant contract. For Joint Venture arrangements, submit the latest three complete fiscal year financial statements for each company in the Joint Venture and discuss the financial responsibilities among the companies. The Government may also utilize Dun & Bradstreet reports to evaluate the financial capacity of the Offeror.

- Other work presently under contract and their period of performance.

This information forms the basis of your firm’s responsibility determination should your firm be the apparent low bidder. Packages will not be returned, but shall be destroyed by the Contracting Officer. No certificate of destruction will be issued.

The offeror’s bid must include all data and information required and must be submitted in accordance with these instructions.

1. SUMMARY

The following paragraphs are supplemental instructions /information for Bidder to be used in conjunction with the Instruction to Bidders, Section 00100 clauses.

2. POINT OF CONTACT

All questions concerning this solicitation shall be addressed in writing to Kate Arnold at email address:

kathryn.l.arnold3.civ@us.navy.mil; Tel # (757) 341-1659.

3. CHANGES TO SOLICITATION

All changes will be issued via Amendment and posted on the Contract Opportunities (FBO) website: https:// sam.gov. It is the contractor’s responsibility to monitor for any changes or updates.

ALL PRE-BID INQUIRIES (PBI) MUST BE SUBMITTED NO LATER THAN 10 DAYS PRIOR TO BID

OPENING DATE. PBIs submitted after the cut-off date may not receive a response. All inquiries must be emailed to kathryn.l.arnold3.civ@us.navy.mil and submitted on the PBI Form (provided as an attachment herein). Please include the solicitation number and contract title in the subject line of the Email when submitting your PBIs. All plans, specifications and amendments will be posted to the sam.gov website.

4. MINIMUM INSURANCE REQUIREMENTS:

a. The contractor shall procure and maintain during the entire period of performance under this contract the following minimum insurance coverage (also refer to FAR 52.228-5):

1. Comprehensive General Liability: $500,000 per occurrence.

2. Automobile Liability: $200,000 per person, $500,000 per occurrence, $20,000 per occurrence for property damage.

3. Workmen’s Compensation: As required by Federal and State workers’ compensation and occupational disease laws.

4. Employer’s Liability Coverage: $100,000 except in states where workers compensation may not be written by private carriers.

5. Others as required by State of Virginia.

b. Prior to commencement of work, the contractor shall furnish to the Contracting Officer a certificate or written statement of the above required insurance. The policies evidencing required insurance shall contain an endorsement to the effect that cancellation or any material change in the policies adversely affecting the interests of the Government in such insurance shall not be effective for such period as may be prescribed by laws of the state in which this contract, N40085-21-B-0056 is to be performed, and in no event less than thirty (30) days after written notice thereof to the Contracting Officer.

c. The Contractor agrees to insert the substance of this clause, including this paragraph (c), in all subcontracts hereunder.

Cancellation Language: The cancellation language must state, "Any cancellation or any change in the limits of liability shall not be effective (1) for such period as the laws of the state in which this contract is to be performed prescribe or (2) until 30 days after the insurer gives written notice to the Contracting Officer, whichever period is longer.” Wording such as "will endeavor to mail notice" or “failure to mail such notice shall impose no obligation or liability" does not comply with the contract requirements and therefore are not acceptable.

5. SITE VISIT

Refer to FAR 52.236-27 for Site Visit.

A site visit is not scheduled at this time. If bidders desire a site visit, please request it in writing to Dean Gregory at dean.s.gregory2.civ@us.navy.mil AND Kate Arnold at kathryn.l.arnold3.civ@us.navy.mil on the provided PBI form.

6. CONTRACTOR EVALUATION PERFORMANCE REPORTING (CPAR)

The contractor is required to provide the government with the name, phone number and e-mail address of the “Contractor’s Representative” that will be responsible for receipt and review of draft performance evaluations prepared by the government. It is the contractor’s responsibility to keep this contact information current. Prime Contractor should become familiar with the CPAR Program requirements at https://cpars.csd.disa.mil.

7. EMPLOYMENT ELIGIBILITY VERIFICATION

If contractor is not enrolled at time of award, then the Contractor shall enroll within 30 days. Refer to FAR Clause 52.222-54 for further instructions.

8. WAWF INVOICE PROCESSING

This contractor will utilize electronic invoice processing. Refer to DFAR Clauses 252.232-7006 and 252.232-7003 for further information.

9. DEPLOYMENT OF SUBCONTRACT REPORTING REQUIREMENTS

A requirement has been implemented regarding the Federal Funding Accountability and Transparency Act. Refer to FAR Clause 52.204-10 for reporting instructions by the Prime Contractor.

10. DELIVERY OF BID

Bid Submission shall be labeled “BID SUBMISSION FOR IFB N4008521B0056, ATTN: KATE ARNOLD; DO

NOT OPEN IN MAIL ROOM”.

BID DUE DATE:

BIDS SHALL BE RECEIVED ON OR BEFORE Monday, November 1, 2021 at 2:00 p.m. Eastern Daylight Time electronically. Send to: Kate Arnold via DoD SAFE (Instructions provided below). A hard copy of the Bid shall be forwarded separately by mail and shall be received on or before Thursday, November 4, 2021 12:00 p.m. Eastern Daylight Time.

The electronic and hard copy bids shall be identical. Furthermore, if there is a discrepancy between the two bid documents submitted, the electronic bid shall govern. Failure to submit an electronic bid by the specified date and time shall render the bid LATE and therefore, unacceptable. It will not be considered further.

Electronic Copy due: Monday, November 1, 2021 2:00 p.m EDT.

Hard Copy due: Thursday, November 4, 2021 12:00 p.m. EDT.

LATE BIDS WILL NOT BE CONSIDERED.

Due to COVID 19 restrictions, a public bid opening will not be held. Additionally, bid packages shall be sent through DOD Safe file in accordance with instructions below.

Electronic Bid Delivery Information via DOD Safe Site:

Contractors shall send their Electronic Bid submission to Kate Arnold through the DOD Safe Site (safe.apps.mil).

Only DoD SAFE is authorized for the submission of the electronic original bid in response to this solicitation.

Further guidance is provided below for submission of hard copy submissions.

The contractor shall send the contract specialist, Kate Arnold at kathryn.l.arnold3.civ@us.navy.mil, the email address of the offeror’s point of contact who will be receiving the Drop-Off invitation to upload bids to the DOD Safe Site no later than Wednesday, October 27, 2021 by 1400, unless that date and time are changed via Solicitation Amendment.

The Contract Specialist, Kate Arnold, will “Request a Drop-Off” through DoD SAFE utilizing the provided offeror’s point of contact email address. The recipient will receive an automated email containing the information for the request and instructions for uploading. Requests from DoD SAFE will be sent on Thursday, October 28, 2021. If you do not receive an email containing drop off instructions on that date, please contact the Contract Specialist. Only the identified POC will be able to drop-off bids or bid revisions in DOD SAFE. Failure to provide accurate POC information will preclude the Offeror from using DoD SAFE. Note: only two email addresses may be provided per Offeror.

To submit the bid, the Offeror will utilize the link provided in the automated email to take you to DoD SAFE at https://safe.apps.mil. The system will allow for inclusion of a short note to the Recipient and then the Offeror will click to add files or drag and drop them. Click “Drop-Off Files” to send the files to the recipient. You should receive a notification on the site “Drop-Off Completed” “Your files have been sent successfully.” Please keep this for your records. The file(s) are uploaded and an email will be sent to the recipient notifying them of the “drop-off”.

[Additional details can be viewed in the DoD SAFE User Guide available at https://safe.apps.mil]. Note that the submission of any bid must be completed no later than the due date and time, unless the date and time are changed via Solicitation Amendment, using the link sent by the contract specialist via DOD Safe. The DoD SAFE system will record the date and time of package submittal. The date and time of package submittal recorded in DoD SAFE shall govern the timeliness of any bid submission.

Offerors shall allow adequate time to upload files which may be slower for non-DoD users and to avoid other technical difficulties that may be encountered. Offerors are also responsible for submitting files in the format specified and consistent with requirements stated elsewhere in this solicitation. Files that cannot be opened, or are otherwise missing the required content are the responsibility of offerors. The maximum file size of a package is 8 GB. Up to 25 packages may be uploaded per link.

It is the sole responsibility of the Offeror to obtain the IFB files, along with any amendments, from Opportunities (www.sam.gov).

Mailed Hard Copies

In addition, one (1) original and one (1) copy of the hard copy bid shall be delivered by mail on the date and time listed below, respectively, unless those dates are changed via Solicitation Amendment.

Bid Submission shall be labeled “BID SUBMISSION FOR IFB N4008521B0056, ATTN: KATE ARNOLD; DO

NOT OPEN IN MAIL ROOM”.

Hard copy bids shall be be mailed as follows:

Naval Facilities Engineering Command, Mid-Atlantic Public Works Department Norfolk Facilities Engineering and Acquisition Division Building A81, 2nd Floor 9742 Maryland Ave Norfolk, VA 23511-2609 Attn: Kate Arnold, AQ

The Government is not responsible for any delays experienced by the commercial carrier. Bid delivered by commercial carrier will be treated as Hand-carried bids for purposes of determining lateness. Bidders shall advise such carriers of the delivery instructions and the Government shall not be responsible for any delays experienced by the commercial carrier.

11. PRICE

A. Price Submission:

1. PRICE BINDER: Offeror shall submit one (1) original, marked “Original”, and one (1) copy, with the following:

Cover page with Solicitation Number, Solicitation Title, Prime

Contractor Name, Address, Phone Number, Fax Number, DUNS, Cage Code, Point of Contact, phone number, and email address Price Bid Worksheet (Attachment 5) Acknowledgement of Amendment(s) (as applicable) Copy of Representation and Certifications from SAM Bid Bond Completed copy of Provision 52.204-24

B. Basis of Evaluation:

1. The Government will evaluate price based on the total price. Total price consists of the basic requirements.

Analysis will be performed by one or more of the following techniques to ensure a fair and reasonable price:

a. Comparison of proposed prices received in response to the RFP.

b. Comparison of proposed prices with the Independent Government Cost Estimate (IGCE).

c. Comparison of Proposed prices with available historical information.

d. Comparison of market survey results.

12. EVALUATION

1. The Govermnent reserves the right to eliminate from consideration for award any or all offers at any time prior to award of the contract and to award the contract to the offeror submitting the lowest price acceptable proposal.

2. The Government intends to evaluate proposals and award a contract without discussions with offerors (except clarifications as described in FAR 15.306(a)). The government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. In addition, if the Contracting officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range.

3. From all proposals deemed eligible for award, the lowest price will be chosen.

13. WHOLE DOLLAR PRICING

Bids will be rounded down to the nearest whole dollar for evaluation and subsequent award purposes. If after rounding takes place there are multiple identical low bidders, FAR 14.408-6 shall apply.

14. PAYMENT INSTRUCTIONS

Updated payment instructions can be found under PGI 204.7108(b)(2) at the following link:

https://www.acq.osd.mil/dpap/dars/pgi/pgi_htm/current/PGI204_71.htm#payment_instructions Procurement

Method: This acquisition will be advertised utilizing FAR Part 14 – Sealed Bidding resulting in a Firm Fixed Price (FFP), contract for construction services.

NAICS: The NAICS code for this procurement is 237990_except and the size standard is $30.0M

Magnitude of Construction: More than $10,000,000

Contractor Performance Information: Contractor’s performance will be evaluated using the respective contractor performance evaluation report entry system located on the website http://www.cpars.gov/. Prior to commencement of work the contractor is required to provide the government with the name, phone number and e-mail address of the “Contractor’s Representative” that will be responsible for receipt and review of draft performance evaluations prepared by the government in the appropriate system. It is the contractor’s responsibility to keep this contact information current.

Construction Wage Requirements: General Wage Determinations covering the areas of responsibility are included in this solicitation. The most current wage decision will be incorporated into the contract. Refer to Section 007000 - Contract Clauses and Section 010000 – General Requirements.

Bonding Requirements:

• A bid guarantee is required; Refer to Section 007000 –Conditions of Contract, 52.228-1 Bid Guarantee.

• Payment and Performance bonds are required; Refer to Section 002113 – Instructions to Bidders, 52.228-15 Performance and Payment Bonds-Construction.

• Bidders should account for this cost in their unit prices.

• Completed SF1442 (front and back) signed with all amendments acknowledged

• Section 001000 of the SF 1442– Solicitation Contract Form CLINs 0001AA-AJ (Base CLINs), CLIN 0002 (Option Item 0001) and CLIN 0003 (Option Item 2);

• Copy of Representation and Certifications and proof of registration in System for Award Management (SAM);

• Confirmation of filing of Veterans’ Employment and Training (VETS) VETS-4212 for the 2020 filing cycle;

• Bid Guarantee in accordance with FAR Clause 52.228-1

• Bidders are required to submit CLIN 0001 AA-AJ (Base Price), CLIN 0002 (Option Item 0001) and CLIN 0003 (Option Item 2) Bid schedule document.

BIDS SUBMITTED IN RESPONSE TO THIS INVITATION FOR BIDS MUST BE RECEIVED NO LATER

THAN THE DATE AND TIME SPECIFIED HEREIN. Bids not received by the time and date specified shall be treated in accordance with FAR 52.214-7 “Late Submissions, Modifications, and Withdrawals of Bids”.

SAM.gov: Amendments will be posted directly to SAM.gov. The technical documents will be posted on SAM.gov.

It is the contractor’s responsibility to check SAM.gov for all postings.

OFFERORS ARE ADVISED THAT FUNDING MAY NOT BECOME AVAILABLE. IF FUNDS ARE NOT

AVAILABLE, NO AWARD WILL BE MADE AS A RESULT OF THIS SOLICITATION. OFFERORS WILL

NOT BE REIMBURSED FOR ANY EFFORT OR PROPOSAL COSTS RESULTING FROM THIS

SOLICITATION.

Section 00 45 00 - Representations and Certifications

CLAUSES INCORPORATED BY REFERENCE

52.209-2 Prohibition on Contracting with Inverted Domestic

Corporations--Representation

NOV 2015

52.214-3 Amendments To Invitations For Bids DEC 2016 52.214-4 False Statements In Bids APR 1984 52.214-5 Submission Of Bids DEC 2016 52.214-6 Explanation To Prospective Bidders APR 1984 52.214-7 Late Submissions, Modifications, and Withdrawals of Bids NOV 1999 52.214-18 Preparation of Bids-Construction APR 1984 52.214-19 Contract Award-Sealed Bidding-Construction AUG 1996 52.214-34 Submission Of Offers In The English Language APR 1991 52.214-35 Submission Of Offers In U.S. Currency APR 1991 52.215-8 Order of Precedence--Uniform Contract Format OCT 1997 52.219-8 Utilization of Small Business Concerns OCT 2018 52.219-9 Small Business Subcontracting Plan JUN 2020 52.232-38 Submission of Electronic Funds Transfer Information with

Offer

JUL 2013

CLAUSES INCORPORATED BY FULL TEXT

52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985)

(a) The offeror certifies that --

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

(i) Those prices,

(ii) The intention to submit an offer, or

(iii) The methods of factors used to calculate the prices offered:

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

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

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

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

(2) (i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) of this provison ______________________________________________________ (insert full name of person(s) in the offeror's organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the offeror's organization);

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

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

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

(End of Provision)

52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN

FEDERAL TRANSACTIONS (SEP 2007)

(a) Definitions. As used in this provision--``Lobbying contact'' has the meaning provided at 2 U.S.C. 1602(8). The terms ``agency,'' ``influencing or attempting to influence,'' ``officer or employee of an agency,'' ``person,'' ``reasonable compensation,'' and ``regularly employed'' are defined in the FAR clause of this solicitation entitled ``Limitation on Payments to Influence Certain Federal Transactions'' (52.203-12).

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

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

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

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

(End of provision)

52.204-3 TAXPAYER IDENTIFICATION (OCT 1998)

(a) Definitions.

Common parent, as used in this provision, means that corporate entity that owns or controls an affiliated group of corporations that files its Federal income tax returns on a consolidated basis, and of which the offeror is a member.

Taxpayer Identification Number (TIN), as used in this provision, means the number required by the Internal Revenue Service (IRS) to be used by the offeror in reporting income tax and other returns. The TIN may be either a Social Security Number or an Employer Identification Number.

(b) All offerors must submit the information required in paragraphs (d) through (f) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the IRS. If the resulting contract is subject to the payment reporting requirements described in Federal Acquisition Regulation (FAR) 4.904, the failure or refusal by the offeror to furnish the information may result in a 31 percent reduction of payments otherwise due under the contract.

(c) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN.

(d) Taxpayer Identification Number (TIN).

___ TIN:.--------------------------------------------------------

___ TIN has been applied for.

___ TIN is not required because:

___ Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States;

___ Offeror is an agency or instrumentality of a foreign government;

___ Offeror is an agency or instrumentality of the Federal Government.

(e) Type of organization.

___ Sole proprietorship;

___ Partnership;

___ Corporate entity (not tax-exempt);

___ Corporate entity (tax-exempt);

___ Government entity (Federal, State, or local);

___ Foreign government;

___ International organization per 26 CFR 1.6049-4;

___ Other--------------------------------------------------------

(f) Common parent.

___ Offeror is not owned or controlled by a common parent as defined in paragraph (a) of this provision.

___ Name and TIN of common parent:

Name-------------------------------------------------------------------

TIN--------------------------------------------------------------------

52.204-5 WOMEN-OWNED BUSINESS (OTHER THAN SMALL BUSINESS) (OCT 2014)

(a) Definition. Women-owned business concern, as used in this provision, means a concern that is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

(b) Representation. [Complete only if the offeror is a women-owned business concern and has not represented itself as a small business concern in paragraph (c)(1) of FAR 52.219-1, Small Business Program Representations, of this solicitation.] The offeror represents that it ( ___ ) is a women-owned business concern.

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2020)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 237990_except.

(2) The small business size standard is $30,000,000.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

(X) Paragraph (d) applies.

(-----) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.204-26, Covered Telecommunications Equipment or Services--Representation. This provision applies to all solicitations.

(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations--Representation.

(viii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

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

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

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

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

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

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

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

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

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

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

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

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

(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.

(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.)

(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xxi) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $83,099, the provision with its Alternate II applies.

(D) If the acquisition value is $83,099 or more but is less than $100,000, the provision with its Alternate III applies.

(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.

(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.

(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

(i) 52.204-17, Ownership or Control of Offeror.

(ii) 52.204-20, Predecessor of Offeror.

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

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

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

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

(vii) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

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

(d) The Offeror has completed the annual representations and certifications electronically in SAM accessed through https://www.sam.gov. After reviewing the SAM information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [ offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

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 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…