W50S6M-21-B-0002.pdf

F6E3CE1056AW01

Construct Maintenance Pad - Project Number BRKR212001 The 117th ARW intends to aw ard a f irm-fixed price contract for services, to construct a concret pad in accordance w ith statement of w ork and project draw ings.

The magnitude of this project is betw een $25,000 and $100,000.

The North American Industry Classif ication System (NAICS) code for this project is 237310. The Small Business Size Standard is $26,500,000. Funds are availible for this project. Aw ard w ill be made to the responsible bidder w hose bid conforms to the invitation for bids and is most advantageous to the Government considering only price and price related factors.

X

JEFF A. FARMER 205 714 2347

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

12-May-2021

(RFP)

(IFB)

CALL:

Construct Maintenance Pad

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 _______30 calendar days and complete it w ithin ________90 calendar days after receiving aw ard, X notice to proceed. This performance period is mandatory, negotiable. (See _________________________

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 ______________16 Jun 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 offers 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 _______45 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

USPFO AL 117 MISSION SUPPORT CONTRACTING

5401 EAST LAKE BLVD

BIRMINGHAM AL 35217-3595

W50S6M

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

10:30 AM (hour) Sealed envelopes containing offers

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

BRKR212001

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

FAX:TEL: TEL: FAX:

W50S6M21B0002 57

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

W50S6M21B0002

Section 00010 - Solicitation Contract Form

NOTES

1. All information relating to this IFB, including pertinent changes/amendments and information will be posted on web site: https://beta.sam.gov.

2. Facsimile transmission of bid is not authorized. Electronic submission of bids will NOT be accepted.

3. All information relating to this IFB, including pertinent changes/amendments and information will be posted on web site: https://beta.sam.gov. For security reasons, all potential offerors, plan rooms and printing companies are required to be registered in the GSA System for Award Management (SAM) database. Firms can register via the SAM internet site at https://www.sam.gov/portal/public/SAM/. Interested bidders are required to submit their representations and certifications at the same site.

4. Reserved.

5. A complete bid package must contain the following:

(a) Offer, Standard Form (SF) 1442 front and back signed

(b) Section 00010 Line Items- all items must be priced

(c) An Original Bid Bond and original Power of Attorney is required along with the bid on the due date

(d) Section 00600, Representations and Certifications, completed and return only additional certifications found in this section In addition, the offeror must have entered current and complete data within the past year in Online Representations and Certifications at www.sam.gov.

(e) When completing the “Offeror” portion of the SF 1442 (Blocks 14 – 20), an official having the authority to contractually bind the company must sign the SF 1442 in accordance with FAR 4.102.

One copy of the SF1442 is required to have an original signature.

(f) All amendments to the solicitation must be acknowledged.

(g) Mark the front of the envelope with the following: “BID No.W50S6M-20-B-0001”, and the Name and Address of Bidder. See Block 13A of SF 1442 for required number of copies

(h) 889 representation form for contracts. Indicate on the form whether the company “does” or “does not” for each of the questions.

6. Joint Venture Requirements - Parties wishing to propose as a joint venture must submit, with the Pro Forma documents, an executed copy of the joint venture agreement. The joint venture agreement shall be executed in accordance with FAR 4.102(d). Each joint venture partner shall submit evidence satisfactory to the Contracting Officer that its Board of Directors has approved its participation in the joint venture or by an instrument of similarly binding character in the case of an unincorporated entity. Offerors are reminded that to obtain an award the awardee, to include a joint venture, must be registered in the System for Award Management (SAM) database.

Applicable to set-aside solicitations: Joint Ventures must meet applicable size standards (See FAR Subpart 19.1).

Submit with the proposal any size determination for the Joint Venture entity received from the Small Business Administration. A Joint Venture where-in one party is not a small business may be referred to the Small Business Administration ( IAW FAR 19.302 (b)) to determine eligibility. All questions regarding Joint Ventures must be directed to the Small Business Administration (SBA) and not the Contracting Officer.

NOTE: An Original Bid bond and Original Power of Attorney is required with submission of the bid. The bid bond is due on the date as stated on the SF1442 block 13. The bid bond must be on a SF24 form. Rejection of a bid bond shall be in accordance with FAR 28.101-4 Noncompliance with bid guarantee requirements.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Demolition of Concrete Pad

FFP

Demolition of existing asphalt in accordance with project specifications and plans.

FOB: Destination

MFR PART NR: NA

PURCHASE REQUEST NUMBER: F6E3CE1056AW01

PSC CD: Y1PZ

NET AMT

0002 1 Job Construct Concrete Pad

FFP

Construct new concrete pad in accordance with project plans and specifications.

FOB: Destination

MFR PART NR: NA

0003 1 Job Crack and Spall Repair

FFP

Repair cracks and spalls in exisitng flightline concrete in accordance with project plans and specifications.

FOB: Destination

MFR PART NR: NA

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A N/A N/A Government 0002 N/A N/A N/A Government 0003 N/A N/A N/A Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 29-JUN-2021 TO

07-OCT-2021

N/A N/A

FOB: Destination

0002 N/A N/A N/A N/A

0003 N/A N/A N/A N/A

Section 00100 - Bidding Schedule/Instructions to Bidders

STATEMENT OF WORK

STATEMENT OF WORK

BRKR212001_Construct Maintenance Pad 117th AIR REFUELING WING, SUMPTER SMITH JOINT NATIONAL GUARD BASE

5401 EAST LAKE BLVD. BIRMINGHAM, AL 35217-3545

PART 1 GENERAL

1.1 RELATED DOCUMENTS

A. General provisions of the Contract, including General and Supplementary Conditions and General Requirements (if any) apply to the work specified in this section. Reference Operations and Maintenance Manual which attached in Part 3.

B. All prospective contractors must attend the pre-bid meeting in order to submit a bid. See solicitation for date, time and location of the pre-bid meeting.

1.2 DESCRIPTION OF WORK – CONSTRUCT MAINTENANCE PAD

A. This project will consist of demolition of existing asphalt, and pouring concrete, located at the 117ARW, 5401 East Lake Blvd, Birmingham, AL 35217. Contractor must provide all materials and equipment to finish project. Any plans provided are original construction documents for information to the bidder and any reference to new work should be ignored. Field verification of all work items, site conditions, or any questions about the work to be performed are required before submission of bids.

B. Saw cut the perimeter of the construction area. Remove and haul off asphalt and existing dirt.

C. Relocate the chain link fence to the west side of the construction limits. Drill post holes in the sidewalk to relocate the chain link. Chain link is indicated on drawing. No new material needed other than concrete to hold post.

Walk through will indicate location during Pre-Bid meeting.

D. Compact 210 CY of 3/4” stone with fines to ASTM standard of 95% compaction with a depth of 6”.

E. Pour 210 CY of 4000 psi fiber-reinforced concrete, at a depth of 6”.

F. Control joints will be used for concrete. Control joints to be spaced at 10’ intervals. See drawings for details.

G. Allow for 28 days for curing. Government will source out the testing for concrete.

H. Repair concrete cracks more than 1/8 of an inch with a self-leveling silicone joint sealant. Crack repair not to exceed 150 linear feet. Contractors must measure the linear foot of cracks at pre-construction meeting. Spalling concrete must be rehabilitated with a resin compound. These repairs will be under heavy stress, and not to exceed 50 square feet. Map will indicate areas. Contractor’s application for crack and spalling repair must be approved by COR. Area of construction is on the apron where Foreign Object Debris but be controlled.

I. Contractor must use a private locate for project.

J. Work schedule – Base is normally open 7AM – 5:30PM Tuesday-Friday. All work to be completed during regular hours, but weekends may be considered work days with one week prior coordination and approval.

1.3 CONTRACT RESPONSIBILITIES

A. The work is one contract bid package that will be delivered directly to the CONTRACTING OFFICER.

B. Responsibilities of CONTRACTOR:

1. Except as specifically noted, provide:

a) Labor, materials, and equipment.

b) Tools, construction equipment and machinery.

c) Other facilities and services necessary for proper execution and completion of work (locating and flagging underground utilities, etc.)

d) Independent testing lab to do all materials and quality control testing if required.

e) “Provide” means to furnish and install, complete and ready for operation.

f) Protect construction site from unauthorized access. This can be accomplished in several ways. For example setting cones or barrels around an excavation or fresh concrete to prevent vehicles or people from disturbing the site.

2. Give required notices.

3. Comply with codes, ordinances, rules and regulations, orders and other legal requirements of public authorities which bear on performance of work.

4. Promptly submit written notice to CONTRACTING OFFICER of observed variance of contract documents from legal requirements.

a) Assume responsibility for work to be contrary to such requirements, without notice.

b) Appropriate modifications to Contract Documents will adjust changes necessary due to legal requirements.

5. Enforce strict discipline and good order among employees. Do not employ on work:

a) Unfit persons.

b) Persons not skilled on assigned tasks.

6. Furnish all submittals (including shop drawings, catalog cuts, brochures, test reports, progress schedules, estimates and general correspondence) promptly and on time to be approved before starting the work for which submittals are required.

C. Responsibilities of CONTRACTING OFFICER:

1. CONTRACTING OFFICER to review materials testing lab qualifications submitted by the CONTRACTOR. This responsibility is generally delegated to the Base Civil Engineer Office.

2. Construction Drawings.

1.4 CONTRACTOR USE OF PREMISES

A. Confine operations at site to areas permitted by:

1. Law

2. Ordinances

3. Permits

4. Contract Documents

5. Existing Staging Areas

6. Where directed by CONTRACTING OFFICER.

B. Do not unreasonable encumber site with materials or equipment.

C. Assume full responsibility for protection and safekeeping of products stored on premises.

D. Move any stored products which interfere with operations of CONTRACTING OFFICER or other CONTRACTORS engaged in work for the CONTRACTING OFFICER.

E. Use of Site: Government will occupy the site during construction. Coordinate so that the least amount of disruption is caused, that traffic and personnel safety is maintain.

F. CLEANLINESS IS THE ESSENCE OF QUALITY. Keep site clean. Remove waste material from the site weekly. Failure to comply will result in notice to clean site given by CONTRACTING OFFICER; if not cleaned within twelve (12) hours from time of notice, the CONTRACTING OFFICER will issue a cure notice letter.

Multiple cure notices could lead to termination for default.

1.5 SUBMITTALS

A. Approval for all materials must be given before installation.

B. No work can be started until such work has been discussed and reviewed by the CONTRACTING

OFFICER

C. Test reports shall be checked by the Base Civil Engineer and the CONTRACTING OFFICER to insure compliance with the Specifications.

D. Any deviations will be made known to the CONTRACTOR and CONTRACTING OFFICER.

E. It is the CONTRACTOR’S responsibility to achieve compliance with the Specifications.

PART 2 PRODUCT SUBMITTAL

2.1 Aggregate

2.2 Concrete

2.3 Joint Sealant

2.4 Spalling compound

2.5 Crack and Spalling repair application

PART 3 EXECUTION

(Drawings on separate document)

PART 4 MISCELLANEOUS

NOTE: With the EXCEPTION OF CLASSIFIED INFORMATION Unit Identification Code (UIC) for the Requiring Activity: F6E3CE Issuing Office DoDAAC: W50S6M Performance of Services during Crisis Declared by the National Command Authority or Overseas Combatant Commander,” is not applicable to this Order A. Security Requirements: The contractor shall comply with all applicable installation/facility access and local security policies and procedures. The contractor shall also provide all information required for background checks to meet installation access requirements. Unscheduled gate closures by the Security Police may occur at any time causing all personnel entering or exiting a closed installation to experience a delay.

Identification of Contractor Employees: All contractor personnel will be required to wear badges in the performance of this contract.

-----------------------------------------------NOTICE FOR ALL PROJECTS--------------------------------------

1. Contractor (s) must fill out a form for all hazardous materials brought onto base and for waste products generated during construction.

2. The “Contractor Hazardous Material Identification” form is attached under separate cover.

PERFORMANCE PERIOD FOR THIS ENTIRE CONTRACT IS 90 DAYS.

END OF DOCUMENT

INSTRUCTIONS

1. Reserved

2. Instructions to Bidders:

2.1. You are invited to submit a Bid in response to our Invitation for Bid (IFB) W50S6M-21-B-0002,Construct Maintenance Pad, project number BRKR212001

2.2. As a result of this solicitation, the Government intends to award a Firm Fixed Price (FFP) contract resulting from this solicitation to the responsible bidder whose bid, conforming to the invitation for bids, will be most advantageous to the Government, considering only price.

2.3. This solicitation is set-aside 100% for Small Businesses.

3. Reserved

4. Notice of Pre-Bid Conference and Site Visit:

4.1. A pre-bid conference will be conducted on Wednesday May 26 at 10:30 Central Time, for the purposes of briefing on the proposal requirements and answering questions regarding this solicitation. This conference will be held at Building 700 – Civil Engineering Building 5401 East Lake Blvd, Birmingham Al. THIS IS THE ONLY

TIME A SITE VISIT WILL BE held, All Interested contractors are encouraged to attend. All attendees, will be required to follow current State, City and Base policies regarding COVID 19 mask wear and social distancing guidelines.

4.2 Due to security policies all offerors and attendees to the pre-bid conference must register to attend. Email the following for all attendees to the 117th Base Contracting Office at the following addresses jeffrey.farmer.2@us.af.mil and 117.ARW.Contracting.Org@us.af.mil Firm Name and Telephone Number Visitor’s Name and Social Security No.

Driver’s License Citizenship

4.3 This information must be provided in advance, not later than 3 business days prior to the meeting, in order to ensure access to the military base and conference site and ensure adequate seating for the conference attendees. Even if you have access to the base you must register to ensure adequate seating. The furnishing of the above information is voluntary; however, your failure to furnish all or part of the requested information may result in the Government’s denial of your access to the pre-proposal conference. This information will be provided to the Base Security Forces who will authorize your entrance to the site.

4.4 Visitors must pick up their passes at the Installation’s Main Entry Gate prior to arrival. You will be required to present the following information upon arrival: (1) Vehicle Registration, (2) Valid Driver’s License. Any of the above information furnished by you is protected under the Privacy Act and shall not be released unless permitted by law and/or you have consented to such.

4.5 Information provided at this conference or site visit shall not qualify the terms and conditions of the solicitation and specifications. Terms of the solicitation and specifications remain unchanged unless the solicitation is amended in writing. If an amendment is issued, normal procedures relating to the acknowledgment and receipt of solicitation amendments shall apply.

4.6. A record of the conference shall be made and furnished to all prospective offeror via posting to https://beta.sam.gov/. The record will include minutes of the meeting, including questions (on a non-attribution basis) and answers.

5. Formal Communication, Offeror Explanations:

5.1 Submit all questions on the by email to the contracting office at the address shown below. Do NOT contact AE or Engineering personnel directly. Doing so will only delay your answer All questions must come through the Contracting Office.

Subject Line: Reference No. W50S6M-21-B-0002 Email: jeffrey.farmer.2@us.af.mil and 117.ARW.Contracting.Org@us.af.mil

INQUIRIES SHALL BE SUBMITTED VIA EMAIL AND INCLUDE THE FOLLOWING

INFORMATION.

Date of Proposal Inquiry: _______________ From: ______________________________ Company Name: ______________________________ Phone Number: _____________________________ Fax Number:__________________________ Email address: ________________________________________________________________ Proposal Inquiry: Be specific as to part of solicitation you are questioning.

5.2. Any explanation desired by an offeror regarding the meaning or interpretation of the solicitation, or proposals, drawings, specifications, etc. must be requested in writing and with sufficient time allowed for a reply to reach offeror before the submission of their offer.

5.3. The Contracting Officer reserves the right to address questions received after the fifth day prior to solicitation closing with those offers deemed compliant and/or in the competitive range after mailto:jeffrey.farmer.2@us.af.mil mailto:117.ARW.Contracting.Org@us.af.mil mailto:jeffrey.farmer.2@us.af.mil mailto:117.ARW.Contracting.Org@us.af.mil closing. All questions and requests for information (RFI) must be received NOT LATER THAN the fifth working day prior to closing and will be posted not later than two working days prior to closing. OFFERORS ARE STRONGLY ENCOURAGED TO SUBMIT QUESTIONS EARLY IN THIS PROCESS. Note working days for the 117th ARW are Tuesday through Friday and hours of operation are 0700-1730 on those days.

5.4. Any changes to the drawings, specifications, etc. will be issued in the form of an amendment.

However, any answers that clarify or provide an interpretation to the drawings, specifications, etc. will NOT be posted via amendment but rather as a response to the RFI on FBO at https://beta.sam.gov/

5.5. Receipt by the offeror must be acknowledged in the space provided on the SF 1442 or by returning a signed copy of the amendment by the time set for receipt of proposals. Explanations or instructions given in a form other than an amendment to the solicitation shall not be binding.

Questions (on a non-attribution basis) and answers shall be furnished to all prospective offeror via the web site.

5.6. For security reasons, all technical and engineering data related to this solicitation will be distributed using the https://beta.sam.gov/ Contract Opportunities. Plans and specifications are locked on https://beta.sam.gov/ and require Contractors to request explicit access from the Contracting Officer OR export controlled access through DLA.

5.7. Amendments, if/when issued will be posted to https://beta.sam.gov/ for electronic downloading.

This will normally be the only method of distributing amendments prior to closing; therefore, it is the offerors responsibility to check the website periodically for any amendments to the solicitation. Websites are occasionally inaccessible due to various reasons.

6. Bid Repository and Bid Opening

6.1. A bid repository is provided for hand carried proposals and is located at Building 700 Base Civil Engineering, 5401 East Lake Boulevard, Birmingham, Alabama 35217-3545. Hand carried proposals must be deposited in the repository prior to the time established for receipt of proposals. Bidders are cautioned that they will be required to sign-in and obtain a visitor’s pass to enter the facility and should allow time to accomplish this. See instructions for obtain access to the base in the Site Visit instruction. Follow the same instruction for obtaining entry to hand carry bid. Late receipt of bids due to entry delays may not be deemed excusable and the Contracting Officer may declare the bid “late” in accordance with FAR 14.304.

6.2..The bid opening will occur at the time and date specified in Block 13 of the SF1442 at Building 700 – Civil Engineering Building 5401 East Lake Blvd, Birmingham Al All interested offerors and their major subcontractors are encouraged to attend the bid opening.

7. Wage Determination:

7.1. Davis Bacon Wage Rates are applicable to this project. Current prevailing wage determination(s) at time of issuance of solicitation are AL20210157 01/0/2021.

7.2. In the event the current prevailing Wage Determination is changed by the Department of Labor prior to the closing date of this solicitation, it is the offerors’ responsibility to insure the most recent determination is used in preparing the proposal. An Amendment will not be issued prior to closing to change Wage Determination dates and/or numbers. Should the wage rate change after closing, but prior to award, the updated Wage Determination will be incorporated by amendment and issued to all offerors’ that have not been eliminated from the competition. If applicable, these offerors’/contractors will be given a reasonable opportunity to provide revised proposals solely to amend proposals due to Wage Determination changes. If the wage determination modification does not change any affected wage rates, then the provisions of FAR 22.404-5(c) (4) will apply.

https://beta.sam.gov/

7.3. Applicable wage rates can be found at https://wdolhome.sam.gov/

8. Bid Preparation Expenses and Pre-Contract Costs:

This IFB does not commit the Government to pay costs incurred in preparation and submission of initial and subsequent proposals or for other costs incurred prior to award of a formal contract.

9. Clauses:

9.1. Clauses and provisions from the Federal Acquisition Regulation (FAR) and supplements thereto are incorporated in this document by reference and in full text. Those incorporated by reference have the same force and effect as if they were given in full text.

10. Disposition of Unsuccessful Bids: In compliance with FAR Subpart 4.8, the Government will retain one copy of all unsuccessful proposals including the bid bond.

11. Offerors Qualifications: To establish its responsibility, the apparent low bidder may be requested by the Government prior to award, to submit a statement regarding previous experience in performing comparable work, business and technical organization, financial and bonding resources and plant available to be used in performing the work. This action may be requested to determine if the contractor is responsible.

12. Reserved

13. Reserved https://wdolhome.sam.gov/

Section 00700 - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.203-7 Anti-Kickback Procedures JUN 2020 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity

MAY 2014

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014 52.203-11 Certification And Disclosure Regarding Payments To

Influence Certain Federal Transactions

SEP 2007

52.203-12 Limitation On Payments To Influence Certain Federal Transactions

JUN 2020

52.203-13 Contractor Code of Business Ethics and Conduct JUN 2020 52.203-17 Contractor Employee Whistleblower Rights and Requirement

To Inform Employees of Whistleblower Rights

JUN 2020

52.203-18 Prohibition on Contracting With Entities That Require Certain Internal Confidentiality Agreements or Statements-- Representation

JAN 2017

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

JAN 2017

52.204-1 Approval of Contract DEC 1989 52.204-2 Security Requirements MAR 2021 52.204-2 Alt II Security Requirements (MAR 2021) - Alternate II APR 1984 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber

Content Paper

MAY 2011

52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUN 2020

52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities.

JUL 2018

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

JUN 2020

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

OCT 2018

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.210-1 Market Research JUN 2020 52.211-10 Commencement, Prosecution, and Completion of Work APR 1984 52.211-13 Time Extensions SEP 2000 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

52.214-26 Audit and Records--Sealed Bidding JUN 2020 52.214-27 Price Reduction for Defective Certified Cost or Pricing Data -

Modifications - Sealed Bidding

JUN 2020

52.214-28 Subcontractor Certified Cost Or Pricing Data--Modifications- -Sealed Bidding

JUN 2020

52.214-34 Submission Of Offers In The English Language APR 1991 52.214-35 Submission Of Offers In U.S. Currency APR 1991 52.219-4 (Dev) Notice of Price Evaluation Preference for HUBZone Small

Business Concerns (DEVIATION 2020-O0008)

MAR 2020

52.219-6 (Dev) Notice of Total Small Business Set-Aside (DEVIATION 2020-O0008).

NOV 2020

52.219-8 Utilization of Small Business Concerns OCT 2018 52.219-28 Post-Award Small Business Program Rerepresentation NOV 2020 52.222-1 Notice To The Government Of Labor Disputes FEB 1997 52.222-3 Convict Labor JUN 2003 52.222-4 Contract Work Hours and Safety Standards - Overtime

Compensation

MAY 2018

52.222-6 Construction Wage Rate Requirements AUG 2018 52.222-7 Withholding of Funds MAY 2014 52.222-8 Payrolls and Basic Records AUG 2018 52.222-9 Apprentices and Trainees JUL 2005 52.222-10 Compliance with Copeland Act Requirements FEB 1988 52.222-11 Subcontracts (Labor Standards) MAY 2014 52.222-12 Contract Termination-Debarment MAY 2014 52.222-13 Compliance With Construction Wage Rate Requirements and

Related Regulations

MAY 2014

52.222-14 Disputes Concerning Labor Standards FEB 1988 52.222-15 Certification of Eligibility MAY 2014 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-22 Previous Contracts And Compliance Reports FEB 1999 52.222-26 Equal Opportunity SEP 2016 52.222-27 Affirmative Action Compliance Requirements for

Construction

APR 2015

52.222-34 Project Labor Agreement MAY 2010 52.222-35 Equal Opportunity for Veterans JUN 2020 52.222-36 Equal Opportunity for Workers with Disabilities JUN 2020 52.222-37 Employment Reports on Veterans JUN 2020 52.222-38 Compliance With Veterans' Employment Reporting

Requirements

FEB 2016

52.222-40 Notification of Employee Rights Under the National Labor Relations Act

DEC 2010

52.222-50 Combating Trafficking in Persons OCT 2020 52.222-54 Employment Eligibility Verification OCT 2015 52.222-55 Minimum Wages Under Executive Order 13658 NOV 2020 52.222-56 Certification Regarding Trafficking in Persons Compliance

Plan.

OCT 2020

52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2017 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

SEP 2013

52.223-3 Hazardous Material Identification And Material Safety Data FEB 2021 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.223-9 Estimate of Percentage of Recovered Material Content for

EPA-Designated Items

MAY 2008

52.223-15 Energy Efficiency in Energy-Consuming Products MAY 2020

52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

AUG 2018

52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving

JUN 2020

52.223-21 Foams JUN 2016 52.225-9 Buy American--Construction Materials FEB 2021 52.225-21 Required Use of American Iron, Steel, and Manufactured

Goods--Buy American Statute--Construction Materials

JAN 2021

52.227-1 Authorization and Consent JUN 2020 52.227-2 Notice And Assistance Regarding Patent And Copyright

Infringement

JUN 2020

52.227-4 Patent Indemnity-Construction Contracts DEC 2007 52.228-2 Additional Bond Security OCT 1997 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.228-11 Individual Surety--Pledge of Assets FEB 2021 52.228-12 Prospective Subcontractor Requests for Bonds MAY 2014 52.228-15 Performance and Payment Bonds--Construction JUN 2020 52.229-3 Federal, State And Local Taxes FEB 2013 52.232-5 Payments under Fixed-Price Construction Contracts MAY 2014 52.232-17 Interest MAY 2014 52.232-23 Assignment Of Claims MAY 2014 52.232-27 Prompt Payment for Construction Contracts JAN 2017 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.236-2 Differing Site Conditions APR 1984 52.236-3 Site Investigation and Conditions Affecting the Work APR 1984 52.236-5 Material and Workmanship APR 1984 52.236-6 Superintendence by the Contractor APR 1984 52.236-7 Permits and Responsibilities NOV 1991 52.236-8 Other Contracts APR 1984 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

APR 1984

52.236-10 Operations and Storage Areas APR 1984 52.236-11 Use and Possession Prior to Completion APR 1984 52.236-12 Cleaning Up APR 1984 52.236-13 Accident Prevention NOV 1991 52.236-15 Schedules for Construction Contracts APR 1984 52.236-17 Layout of Work APR 1984 52.236-26 Preconstruction Conference FEB 1995 52.242-13 Bankruptcy JUL 1995 52.242-14 Suspension of Work APR 1984 52.243-4 Changes JUN 2007 52.244-6 Subcontracts for Commercial Items NOV 2020 52.246-12 Inspection of Construction AUG 1996 52.246-21 Alt I Warranty of Construction (Mar 1994) - Alternate I APR 1984 52.248-3 Value Engineering-Construction OCT 2020 52.249-2 Termination For Convenience Of The Government (Fixed-

Price)

APR 2012

52.249-2 Alt I Termination for Convenience of the Government (Fixed- Price) (Apr 2012) - Alternate I

SEP 1996

52.249-10 Default (Fixed-Price Construction) APR 1984 52.252-2 Clauses Incorporated By Reference FEB 1998 52.252-4 Alterations in Contract APR 1984 52.252-5 Authorized Deviations In Provisions NOV 2020 52.252-6 Authorized Deviations In Clauses NOV 2020 52.253-1 Computer Generated Forms JAN 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense- Contract-Related Felonies

DEC 2008

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7003 Agency Office of the Inspector General AUG 2019 252.203-7004 Display of Hotline Posters AUG 2019 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7006 Billing Instructions OCT 2005 252.204-7009 Limitations on the Use or Disclosure of Third-Party

Contractor Reported Cyber Incident Information

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

DEC 2019

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Country that is a State Sponsor of Terrorism

MAY 2019

252.211-7008 Use of Government-Assigned Serial Numbers SEP 2010 252.223-7001 Hazard Warning Labels DEC 1991 252.223-7004 Drug Free Work Force SEP 1988 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7012 Preference For Certain Domestic Commodities DEC 2017 252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.236-7000 Modification Proposals-Price Breakdown DEC 1991 252.236-7005 Airfield Safety Precautions DEC 1991 252.236-7013 Requirement for Competition Opportunity for American Steel

Producers, Fabricators, and Manufacturers

JUN 2013

252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.246-7004 Safety of Facilities, Infrastructure, and Equipment for

Military Operations

OCT 2010

252.246-7006 Warranty Tracking of Serialized Items MAR 2016 252.247-7023 Transportation of Supplies by Sea FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

52.203-3 GRATUITIES (APR 1984)

(a) The right of the Contractor to proceed may be terminated by written notice if, after notice and hearing, the agency head or a designee determines that the Contractor, its agent, or another representative--

(1) Offered or gave a gratuity (e.g., an entertainment or gift) to an officer, official, or employee of the Government;

and

(2) Intended, by the gratuity, to obtain a contract or favorable treatment under a contract.

(b) The facts supporting this determination may be reviewed by any court having lawful jurisdiction.

(c) If this contract is terminated under paragraph (a) of this clause, the Government is entitled--

(1) To pursue the same remedies as in a breach of the contract; and

(2) In addition to any other damages provided by law, to exemplary damages of not less than 3 nor more than 10 times the cost incurred by the Contractor in giving gratuities to the person concerned, as determined by the agency head or a designee. (This subparagraph (c)(2) is applicable only if this contract uses money appropriated to the Department of Defense.)

(d) The rights and remedies of the Government provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract.

(End of clause)

52.203-5 COVENANT AGAINST CONTINGENT FEES (MAY 2014)

(a) The Contractor warrants that no person or agency has been employed or retained to solicit or obtain this contract upon an agreement or understanding for a contingent fee, except a bona fide employee or agency. For breach or violation of this warranty, the Government shall have the right to annul this contract without liability or, to deduct from the contract price or consideration, or otherwise recover, the full amount of the contingent fee.

(b) "Bona fide agency," as used in this clause, means an established commercial or selling agency, maintained by a contractor for the purpose of securing business, that neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds itself out as being able to obtain any Government contract or contracts through improper influence.

"Bona fide employee," as used in this clause, means a person, employed by a contractor and subject to the contractor's supervision and control as to time, place, and manner of performance, who neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds out as being able to obtain any Government contract or contracts through improper influence.

"Contingent fee," as used in this clause, means any commission, percentage, brokerage, or other fee that is contingent upon the success that a person or concern has in securing a Government contract.

"Improper influence," as used in this clause, means any influence that induces or tends to induce a Government employee or officer to give consideration or to act regarding a Government contract on any basis other than the merits of the matter.

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2020)

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

(2) The small business size standard is $39,500,000.

(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:

( ) 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…