W50S6Q20B0008.pdf
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- Attached to
- Water and Electric Extension - Razorback Range Federal contract opportunity
- Solicitation number
- W50S6Q20B0008
- Issued by
- Department of the Army National Guard
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Text version
F6QMD10198AW01
Fort Chaffee Water and Electric Location of w ork to be performed is Fort Chaffee, Fort Smith, AR 72903. Work shall be performed in accordance w ith the Statement of Work (SOW), plans and specif ications. This project is being solicited as a 100% Small Business Set-Aside. The North American Industry Classification System (Naics) Code is 236220 and the Small Business Size Standard is $39,500,000. Construction project less than $30,000.
A pre-bid conference and site visit has been scheduled. See section 00100 and Clause 52.236-27 for details. In accordance w ith FAR clause 52.228-1 Bid Guarantee, a bid bond is requireed w ith the bid. SF1442 BLOCK 11 0- SEE SECTION 00700, CLAUSE 52.211-10 FOR PERIOD OF PERFORMANCE. Bids may be dropped off or mailed to the address of Ms. Laura English or Mr. San Bond Ref: Solicitation W50S6Q20B0008, 188 MSG/MSC, 4850 Leigh Avenue, Fort Smith, AR 72903. Aw ard w ill be made to the responsibile bidder w hose bid conforms to the invitation for bids and is most advantageous to the Governement considering only price and price related factors.
X
LAURA ENGLISH
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
19-Aug-2020
(RFP)
(IFB)
CALL:
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 _______10 calendar days and complete it w ithin ________90 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 specified in Item 8 by ___________ local time ______________ (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 _______30 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 AR 188 MISSION SUPPORT CONTRACTING
4850 LEIGH AVE MAP
FORT SMITH AR 72903-6096
W50S6Q
PAGE OF PAGES
1 OF
CODE
(Title, identifying no., date):
12B. CALENDAR DAYS
(hour)
Sealed envelopes containing offers
5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.
8. ADDRESS OFFER TO (If Other Than Item 7)
FAX:TEL: TEL: FAX:
W50S6Q20B0008 31
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
Section 00010 - Solicitation Contract Form
NOTES
TABLE OF
CONTENTS
SOLICITATION, OFFER, AND AWARD SF 1442 and SF 1442 BACK
SECTION 00010 - BID SCHEDULE, NOTES
SECTION 00100 - INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS
SECTION 00600 – REPRESENTATIONS & CERTIFICATIONS
SECTION 00700 - CONTRACT CLAUSES
SECTION 00800 - SPECIAL CONTRACT REQUIREMENTS
ATTACHMENT 1 – PLANS AND SPECIFICATIONS Project # HKRZ192121 (Note this attachment is to be downloaded from beta.sam.gov)
ATTACHMENT 2 - WAGE DETERMINATIONS
ATTACHMENT 3 – STATEMENT OF WORK (Note this attachment is to be downloaded from beta.sam.gov) ATTACHMENT 4 – BRAND NAME JUSTIFICATION (Note this attachment is to be downlaoded from beta.sam.gov) N/A ATTACHMENT 5 – BID BOND CHECKLIST (Note this attachment is to be downloaded from beta.sam.gov)
SECTION 00010 NOTES
1. All questions and request for information regarding this Invitation for Bids (IFB) must be received NOT LATER THAN close of business, five days prior to bid date, in order to minimize delays in the procurement of this project. See section 00100, #5, details. Questions shall be emailed to: laura.english@us.af.mil and samuel.bond.1@us.af.mil .
2. Offeror’s attention is invited to the insurance requirement contained in this solicitation (Contract Clause FAR 52.228-5). Certification of the required coverage for the prime contractor shall be furnished prior to beginning work on this contract, and the Contracting Officer may request evidence of the required insurance at any time during the life of the contract.
3. Reference Contract Clause 252.236-7008, CONTRACT PRICES – BIDDING SCHEDULES. The prices shown in the Bidding Schedule must reflect ALL costs involved in performing the work, as described in the plans and specifications.
4. The term “Bidding Schedule” shall also be construed to mean “Offer Schedule” or “Schedule”. The terms “bid” and “offer” and “bidder” and “Offeror” shall be construed as having the same meaning in this solicitation and resulting contract.
5. Facsimile transmission of bid is not authorized. Electronic submission of bids will NOT be accepted.
6. 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.
7. 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) Original Bid Bond and original Power of Attorney is required along with the bid on the due date.
W50S6Q20B0008
W50S6Q20B0002
(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. W50S6Q20B0008”, and the Name and Address of Bidder. See Block 13A of SF 1442 for required number of copies.
8. 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 ncompliance with bid guarantee requirements.
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 1 Job Installation of Electrical and Water Ext
FFP
Installation of Electrical and Water Extension at Razorback RangeRequirements Description- Installation of Electrical and Water Extension at Razorback Range FOB: Destination MFR PART NR: Null
PURCHASE REQUEST NUMBER: F6QMD10198AW01
SIGNAL CODE: A
PSC CD: Y1JZ
NET AMT
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0002 1 Job
CMRA
FFP
Contractor Manpower Reporting FOB: Destination
SIGNAL CODE: A
PSC CD: Y1JZ
NET AMT
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
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 90 dys. ADC 1 F6QMD1 188TH RAZORBACK RANGE
4850 LEIGH AVENUE
FORT SMITH AR 72903-6096
479-573-5171 FOB: Destination
F6QMD1
0002 N/A N/A N/A N/A
CLAUSES INCORPORATED BY REFERENCE
52.204-22 Alternative Line Item Proposal JAN 2017 252.209-7998 (Dev) Representation Regarding Conviction of a Felony Criminal
Violation under any Federal or State Law
MAR 2012
Section 00100 - Bidding Schedule/Instructions to Bidders
52.211-7 Alternatives to Government-Unique Standards NOV 1999 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 52.214-12 Preparation Of Bids APR 1984 52.214-18 Preparation of Bids-Construction APR 1984 52.214-19 Contract Award-Sealed Bidding-Construction AUG 1996 52.214-21 Descriptive Literature APR 2002 52.222-23 Notice of Requirement for Affirmative Action to Ensure
Equal Employment Opportunity for Construction
FEB 1999
52.228-1 Bid Guarantee SEP 1996 52.252-5 Authorized Deviations In Provisions APR 1984
CLAUSES INCORPORATED BY FULL TEXT
52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995)
(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.
(b) Site visits may be arranged during normal duty hours by contacting:
Name: Ms. Laura English Address: laura.english@us.af.mil Telephone: 479-883-5356
(c) See section 00100 for pre-bid conference/site visit attendance instructions.
(End of provision)
52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)
This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):
https://www.acquisitions.gov
SPECIAL INSTRUCTIONS
SECTION 00100 INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS
1. Description of the Project: Extend Water and Electric service from existing utilites for service to two
Fold Out Rigid Temporary Shelters (FORTS)
2. Instructions to Bidders:
2.1. You are invited to submit a bid in response to our Invitation for Bids (IFB) entitled) W50S6-20-B-0008 entitled Range water and electric, Project Number HKRZ220200, at 188th Wing/DET 1, Razorback Range, Arkansas ANG, Fort Chaffee, Fort Smith, AR 72905.
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. NOTICE OF PRE-BID CONFERENCE AND SITE VISIT:
3.1. A pre-bid conference will be conducted on 26 Aug 2020 at 9:00 A.M. hours for the purposes of briefing on the bid requirements and answering questions regarding this solicitation. This conference will be held at HQ Parking Lot, 4850 Leigh Avenue, Fort Smith, AR 72903, we will then proceed by bus to Razorback Range. Interested Contractors are highly encouraged to attend the pre-bid conference. The site visit will be held following the conference.
3.2. Due to security conditions, all offerors must register to attend this conference and site visit. Email the following information for all attendees to laura.english@us.af.mil and samuel.bond.1@us.af.mil.
Firm Name and Telephone Number Visitor’s Name
3.3. This information must be provided in advance, 2 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.
3.4 Visitors will be required to present the following upon arrival to the front gate: l: (1) Vehicle Registration, (2) Valid Drivers License, (3) Proof of Insurance for Vehicle. 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. Due to security concerns, visitors’ vehicles will be inspected, which could cause delays in meeting the pre-bid conference scheduled time. Please arrive early. Once cleared by the front gate security staff, visitors will wait for an escort to take them to the prebid conference location.
3.5 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.
3.6 A record of the conference shall be made and furnished to all prospective bidders via posting at http://www.beta.sam. The record will include minutes of the meeting, including questions (on a non-attribution basis) and answers.
4. FORMAL COMMUNICATION, OFFEROR EXPLANATIONS:
4.1. Submit all questions in the format shown below by email to the contracting office at the addresses show 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. SOLICITATION W50S6Q-20-B-0008 Email: LAURA.ENGLISH@US.AF.MIL; SAMUEL.BOND.1@US.AF.MIL
PRE-BID INQUIRY FORMAT
Date of Bid Inquiry: _______________
From: ______________________________ Company Name: ________________________________
Address:_____________________________________________________________________________
Phone Number: _____________________________ Fax Number:______________________________
Email address: ________________________________________________________________________
Bid Inquiry: (Please clearly state your question) (If sent via an attachment word docs are preferred to facilitate posting of answers to the master Q&A document.)
4.1. 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 bidders before the submission of their bid.
4.2. All questions and requests for information (RFI) must be received NOT LATER THAN the fifth1 working day prior to bid opening. OFFERORS ARE STRONGLY ENCOURAGED TO
SUBMIT QUESTIONS EARLY IN THIS PROCESS.
4.3. 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 Con Ops at http://beta.sam.gov
4.4. 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 bids.
4.5. For security reasons, all technical and engineering data related to this solicitation will be distributed using the Con Ops (https//beta.sam.gov) system. Plans and specifications are locked on Con Ops and require Contractors to request explicit access from the Contracting Officer OR export controlled access through DLA. See complete instructions on Con Ops. Con Ops is a web-based dissemination tool designed to safeguard acquisition-related information for all Federal agencies. Interested bidders/offerors must register with Con Ops before accessing the system.
4.5.1. 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.
5. BID REPOSITORY AND BID OPENING:
5.1. A bid repository is provided for hand carried bids and is located at Base Contracting
Office, 188th Wing, Bldg 188, 4850 Leign Avenue, Fort Smith, AR 72903. Hand carried bids must be deposited in the repository prior to the time established for opening of bids. Bidders are cautioned that they will be subject to a vehicle and passenger search request escort to enter the facility and should allow time to accomplish this. Bidders without a pass must call 479-573-5248 to be escorted on base during normal business hours (Mon – Thur, 0700-1600) if hand-delivery of bids will be utilized. 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.
5.2. The bid opening will occur at the time and date specified in Block 13 of the SF1442 Base
Contracting Office, 188th Wing, Bldg 188, 4850 Leigh Avenue, Fort Smith, AR 72903. This is a public bid opening.
6. WAGE DETERMINATION:
6.1. Construction Wage Rates are applicable to this project are AR20200034 dated 1/3/2020 as shown in Section 00800.
7. BID PREPARATION EXPENSES AND PRE-CONTRACT COSTS: This IFB does not commit the
Government to pay costs incurred in preparation and submission of bids or for other costs incurred prior to award of a formal contract.
8. CLAUSES:
8.1. 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.
9. DISPOSITION OF UNSUCCESSFUL BIDS:
In compliance with FAR Subpart 4.8, the Government will retain one copy of all unsuccessful bids including the bid bond.
10. OFFERORS QUALIFICATIONS:
To establish its responsibility, the apparent low bidder may be requested by the Government prior to award, to submit a statement regarding his previous experience in performing comparable work, his 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.
11. List of Brand Name or Sole Source Justifications posted on Contracting Opportunites (beta.sam.gov).
Section 00600 - Representations & Certifications
52.204-3 Taxpayer Identification OCT 1998 52.222-33 Alt II Notice of Requirement for Project Labor Agreement (MAy
2010) Alternate I
MAY 2010
52.225-18 Place of Manufacture AUG 2018 252.204-7007 Alternate A, Annual Representations and Certifications APR 2020
52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL
CONFIDENTIALITY AGREEMENTS OR STATEMENTS--REPRESENTATION (JAN 2017)
(a) Definition. As used in this provision-- Internal confidentiality agreement or statement, subcontract, and subcontractor, are defined in the clause at 52.203- 19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.
(b) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions), Government agencies are not permitted to use funds appropriated (or otherwise made available) for contracts with an entity that requires employees or subcontractors of such entity seeking to report waste, fraud, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.
(c) The prohibition in paragraph (b) of this provision does not contravene requirements applicable to Standard Form 312, (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information.
(d) Representation. By submission of its offer, the Offeror represents that it will not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).
52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS--
REPRESENTATION (NOV 2015)
(a) Definitions. Inverted domestic corporation and subsidiary have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10).
(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.
(c) Representation. The Offeror represents that--
(1) It [ ___ ] is, [ ___ ] is not an inverted domestic corporation; and
(2) It [ ___ ] is, [ ___ ] is not a subsidiary of an inverted domestic corporation.
52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A
FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)
(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--
(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or
(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.
(b) The Offeror represents that--
(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and
(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.
52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999)
The offeror represents that --
(a) ( ) It has, ( ) has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation;
(b) ( ) It has, ( ) has not, filed all required compliance reports; and
(c) Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained before subcontract awards.
52.222-25 AFFIRMATIVE ACTION COMPLIANCE (APR 1984)
The offeror represents that
(a) [ ] it has developed and has on file, [ ] has not developed and does not have on file, at each establishment, affirmative action programs required by the rules and regulations of the Secretary of Labor (41 CFR 60-1 and 60-2), or
(b) [ ] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.
252.209-7993 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX
LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW—FISCAL YEAR 2014
APPROPRIATIONS (DEVIATION 2014-OO0009) (FEB 2014)
(a) In accordance with sections 8113 and 8114 of the Department of Defense Appropriations Act, 2014, and sections 414 and 415 of the Military Construction and Veterans Affairs and Related Agencies Appropriations Act, 2014 (Public Law 113-76, Divisions C and J), none of the funds made available by those divisions (including Military Construction funds) may be used to enter into a contract with any corporation that—
(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government; or
(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.
(b) The Offeror represents that—
(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability,
(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.
252.209-7995 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT
TAXLIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW—FISCAL YEAR 2013
APPROPRIATIONS (DEVIATION 2013-O0010) (APR 2013)
(a) In accordance with sections 8112 and 8113 of Division C and sections 514 and 515 of Division E of the Consolidated and Further Continuing Appropriations Act, 2013,(Pub. L. 113-6), none of the funds made available by that Act for DoD (including Military Construction funds) may be used to enter into a contract with any corporation that—
(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government; or
(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.
(b) The Offeror represents that—
(1) It is is not a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability,
(2) It is is not a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.
252.209-7999 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX
LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (DEVIATION 2012-O0004) (JAN 2012)
(a) In accordance with sections 8124 and 8125 of Division A of the Consolidated Appropriations Act, 2012,(Pub. L.
112-74) none of the funds made available by that Act may be used to enter into a contract with any corporation that—
(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government.
(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.
(b) The Offeror represents that—
(1) It is [ ___ ] is not [ ___ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability,
(2) It is [ ___ ] is not [ ___ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.
252.213-7000 NOTICE TO PROSPECTIVE SUPPLIERS ON USE OF SUPPLIER PERFORMANCE RISK
SYSTEM IN PAST PERFORMANCE EVALUATIONS (SEP 2019)
(a) The Supplier Performance Risk System (SPSR) application (https://www.sprs.csd.disa.mil) will be used in the evaluation of suppliers' past performance in accordance with DFARS 213.106-2(b)(i).
(b) SPRS collects quality and delivery data on previously awarded contracts and orders from existing Department of Defense reporting systems to classify each supplier's performance history by Federal supply class (FSC) and product or service code (PSC). The SPRS application provides the contracting officer quantifiable past performance information regarding a supplier's quality and delivery performance for the FSC and PSC of the supplies being purchased.
(c) The quality and delivery classifications identified for a supplier in SPRS will be used by the contracting officer to evaluate a supplier's past performance in conjunction with the supplier's references (if requested) and other provisions of this solicitation under the past performance evaluation factor. The Government reserves the right to award to the supplier whose quotation or offer represents the best value to the Government.
(d) SPRS classifications are generated monthly for each contractor and can be reviewed by following the access instructions in the SPRS User's Manual found at https://www.sprs.csd.disa.mil/reference.htm. Contractors are granted access to SPRS for their own classifications only. Suppliers are encouraged to review their own classifications, the SPRS reporting procedures and classification methodology detailed in the SPRS User's Manual, and SPRS Evaluation Criteria available from the references at https://www.sprs.csd.disa.mil/pdf/SPRS_DataEvaluationCriteria.pdf. The method to challenge a rating generated by SPRS is provided in the User's Manual.
252.219-7000 ADVANCING SMALL BUSINESS GROWTH (SEP 2016)
(a) This provision implements 10 U.S.C. 2419.
(b) The Offeror acknowledges by submission of its offer that by acceptance of the contract resulting from this olicitation, the Offeror may exceed the applicable small business size standard of the North American Industry Classification System (NAICS) code assigned to the contract and would no longer qualify as a small business concern for that NAICS code. (Small business size standards matched to industry NAICS codes are published by the Small Business Administration and are available at http://www.sba.gov/content/table-small-business-size-standards.) The Offeror is therefore encouraged to develop the capabilities and characteristics typically desired in contractors that are competitive as other-than-small contractors in this industry.
(c) For procurement technical assistance, the Offeror may contact the nearest Procurement Technical Assistance Center (PTAC). PTAC locations are available at http://www.dla.mil/HQ/SmallBusiness/PTAC.aspx.
252.225-7974 REPRESENTATION REGARDING BUSINESS OPERATIONS WITH THE MADURO REGIME
(DEVIATION 2020-O0005) (FEB 2020)
(a) Definitions. As used in this provision - Agency or instrumentality of the government of Venezuela means an agency or instrumentality of a foreign state as defined in section 28 U.S.C. 1603(b), with each reference in such section to "a foreign state" deemed to be a reference to "Venezuela".
Business operations means engaging in commerce in any form, including acquiring, developing, maintaining, owning, selling, possessing, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, or any other apparatus of business or commerce.
Government of Venezuela means the government of any political subdivision of Venezuela, and any agency or instrumentality of the government of Venezuela.
Person means -
(1) A natural person, corporation, company, business association, partnership, society, trust, or any other nongovernmental entity, organization, or group;
(2) Any governmental entity or instrumentality of a government, including a multilateral development institution (as defined in section 1701(c)(3) of the International Financial Institutions Act (22 U.S.C. 262r(c)(3)); and
(3) Any successor, subunit, parent entity, or subsidiary of, or any entity under common ownership or control with, any entity described in paragraphs (1) or (2) of this definition.
(b) Prohibition. In accordance with section 890 of the National Defense Authorization Act for Fiscal Year 2020 (Pub. L. 116-92), contracting officers are prohibited from entering into a contract for the procurement of products or services with any person that has business operations with an authority of the government of Venezuela that is not recognized as the legitimate government of Venezuela by the United States Government, unless the person has a valid license to operate in Venezuela issued by the Office of Foreign Assets Control of the Department of the Treasury.
(c) Representation. By submission of its offer, the Offeror represents that the Offeror -
(1) Does not have any business operations with an authority of the Maduro regime or the government of Venezuela that is not recognized as the legitimate government of Venezuela by the United States Government; or
(2) Has a valid license to operate in Venezuela issued by the Office of Foreign Assets Control of the Department of the Treasury.
Section 00700 - Contract Clauses
52.204-19 Incorporation by Reference of Representations and
Certifications.
DEC 2014
52.204-19 Incorporation by Reference of Representations and Certifications.
DEC 2014
52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment
JUN 2020
52.209-10 Prohibition on Contracting With Inverted Domestic Corporations
NOV 2015
52.211-18 Variation in Estimated Quantity APR 1984 52.214-29 Order Of Precedence--Sealed Bidding JAN 1986 52.219-1 Small Business Program Representations MAR 2020 52.219-2 Equal Low Bids OCT 1995 52.219-6 (Dev) Notice of Total Small Business Set-Aside (DEVIATION
2020-O0008).
MAR 2020
52.222-3 Convict Labor JUN 2003 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 52.222-14 Disputes Concerning Labor Standards FEB 1988 52.222-15 Certification of Eligibility MAY 2014 52.222-26 Equal Opportunity SEP 2016 52.222-27 Affirmative Action Compliance Requirements for
Construction
APR 2015
52.222-50 Combating Trafficking in Persons JAN 2019 52.223-15 Energy Efficiency in Energy-Consuming Products MAY 2020 52.223-18 Encouraging Contractor Policies To Ban Text Messaging
While Driving
JUN 2020
52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.228-13 Alternative Payment Protections JUL 2000 52.232-5 Payments under Fixed-Price Construction Contracts MAY 2014 52.232-23 Alt I Assignment of Claims (May 2014) - Alternate I APR 1984 52.232-25 Prompt Payment JAN 2017 52.232-27 Prompt Payment for Construction Contracts JAN 2017 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 52.236-5 Material and Workmanship APR 1984 52.236-7 Permits and Responsibilities NOV 1991 52.236-17 Layout of Work APR 1984 52.236-26 Preconstruction Conference FEB 1995 52.242-14 Suspension of Work APR 1984 52.243-5 Changes and Changed Conditions APR 1984 52.244-6 Subcontracts for Commercial Items JUN 2020 52.247-34 F.O.B. Destination NOV 1991 52.253-1 Computer Generated Forms JAN 1991
252.203-7000 Requirements Relating to Compensation of Former DoD Officials
SEP 2011
252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7015 Notice of Authorized Disclosure of Information for Litigation
Support
MAY 2016
252.225-7002 Qualifying Country Sources As Subcontractors DEC 2017 252.229-7999 (Dev) Foreign Contracts in Afghanistan (Deviation) JUL 2013 252.236-7000 Modification Proposals-Price Breakdown DEC 1991 252.236-7001 Contract Drawings, and Specifications AUG 2000 252.236-7006 Cost Limitation JAN 1997 252.239-7001 Information Assurance Contractor Training and Certification JAN 2008 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.247-7023 Transportation of Supplies by Sea FEB 2019
52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR
STATEMENTS (JAN 2017)
(a) Definitions. As used in this clause-- Internal confidentiality agreement or statement means a confidentiality agreement or any other written statement that the contractor requires any of its employees or subcontractors to sign regarding nondisclosure of contractor information, except that it does not include confidentiality agreements arising out of civil litigation or confidentiality agreements that contractor employees or subcontractors sign at the behest of a Federal agency.
Subcontract means any contract as defined in subpart 2.1 entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. It includes but is not limited to purchase orders, and changes and modifications to purchase orders.
Subcontractor means any supplier, distributor, vendor, or firm (including a consultant) that furnishes supplies or services to or for a prime contractor or another subcontractor.
(b) The Contractor shall not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).
(c) The Contractor shall notify current employees and subcontractors that prohibitions and restrictions of any preexisting internal confidentiality agreements or statements covered by this clause, to the extent that such prohibitions and restrictions are inconsistent with the prohibitions of this clause, are no longer in effect.
(d) The prohibition in paragraph (b) of this clause does not contravene requirements applicable to Standard Form 312 (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information.
(e) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015, (Pub. L. 113-235), and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions) use of funds appropriated (or otherwise made available) is prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.
(f) The Contractor shall include the substance of this clause, including this paragraph (f), in subcontracts under such contracts.
(End of clause)
52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)
The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 90 days after NTP . The time stated for completion shall include final cleanup of the premises.
52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)
The Contractor shall be required to (a) commence work under this contract within (Contracting Officer insert number) calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than . * The time stated for completion shall include final cleanup of the premises.
*The Contracting Officer shall specify either a number of days after the date the contractor receives the notice to proceed, or a calendar date.
52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (MAY 2020)
(a) Definitions. As used in this clause--
Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.
Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (d) of this clause. Such a concern is ``not dominant in its field of operation'' when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.
(b) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, upon occurrence of any of the following:
(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.
(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.
(3) For long-term contracts--
(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and
(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.
(c) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, when the Contracting Officer explicitly requires it for an order issued under a multiple-award contract.
(d) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code(s) assigned to this contract.
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