W50S75-24-B-0004-00001_Conformed.pdf

PROJECT: 146 CES Repair Vehicle Wash Rack

MAGNITUDE: Betw een $250,000 and $500,000

SET ASIDE: 8(a)

NAICS: 236220

SIZE STANDARD: $45,000,000

A pre-bid conference has been scheduled - see section 001000 and clause 52.236-27 for details. In accordance w ith Federal Acquisition

Regulation (FAR) 52.228-1, Bid Guarantee, a bid bond is required to be submitted w ith the bid. The project's period of performance is stated on the SF1442 (Block 11) and at FAR 52.211-10, Commencement Prosecution, and Completion of Work.

Funds are not presently available for this acquisition. The Government anticipates funds w ill become available prior to aw ard as this action has been identif ied on the National Guard priority list. No contract aw ard w ill be made until appropriated funds are made available.

An 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. No contract aw ard w ill be made until appropriated funds are made available.

X

WILLIAM J. TUCKER

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

14-Jun-2024

(RFP)

(IFB)

CALL:

Repair Vehicle Wash Rack

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 ________120 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________FAR 52.211-10

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

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

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________17 Jul 2024 (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 _______90 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 CA 146 MSC

119 MULCAHEY DR

PORT HUENEME CA 93041-4011

W50S75

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

10:00 AM (hour)

Sealed envelopes containing offers

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

DJCF242163

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

FAX:TEL: TEL: FAX:

W50S7524B0004 93

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

W50S7524B0004

Section 00 10 00 - Solicitation

BID SCHEDULE NOTES

TABLE OF CONTENTS

STANDARD FORM 1442 - SOLICITATION, OFFER, AND AWARD

SECTION 00 10 00 - BID SCHEDULE, NOTES

SECTION 00 21 00 - INSTRUCTIONS, CONDITIONS, AND NOTICES TO BIDDERS

SECTION 00 45 00 - REPRESENTATIONS & CERTIFICATIONS

SECTION 00 70 00 - CONTRACT CLAUSES

SECTION 00 73 00 - SPECIAL CONTRACT REQUIREMENTS

SECTION 01 00 00 - GENERAL REQUIREMENTS

ATTACHMENT 1 – Statement of Work with Attachments

SECTION 00 10 00 NOTES

1. All information relating to this Invitation for Bids (IFB), including pertinent changes/amendments and information will be posted to the Contract Opportunities module of the System for Award Management (SAM) website (www.sam.gov).

2. For security reasons, all potential bidders, plan rooms, printing companies, etc. are required to be registered with the SAM website to access secured files. Interested bidders are also required to submit their annual representations and certifications at the same site.

3. Facsimile and electronic transmission of bids is not authorized and will not be accepted.

4. A complete bid package must contain the following:

4.1. Standard Form (SF) 1442, Solicitation, Offer, and Award, front and back. Pursuant to Federal

Acquisition Regulation 4.102, Contractor’s Signature, blocks 20A, 20B, and 20C must be signed by an official having the authority to contractually bind the company. One copy of the SF1442 is required to have an original signature.

4.2. Section 00 10 00, Bid Schedule, all line items must be priced.

4.3. A Bid Bond and Power of Attorney must be submitted with the bid and on the due date. Pursuant to

Department of Defense (DOD) Deviation 2020-O0016, electronic signatures and electronic/mechanically applied, or printed dates may be used and shall be considered original signatures and dates. The bid bond must be on a SF24, Bid Bond. Rejection of a bid bond shall be handled in accordance with Federal

Acquisition Regulation (FAR) 28.101-4, Noncompliance with Bid Guarantee Requirements.

4.4. Section 00 45 00, Representations and Certifications, completed. Complete and return only additional certifications that are included in this section but are not included with the bidder’s current/complete representations and certifications (within the past year) in the Entity Information module of the SAM website.

4.5. Any/all amendments to the solicitation must be acknowledged. This may be accomplished either collectively using block 19 of the SF1442 (back side), or individually using a copy of each SF30, Amendment of Solicitation/Modification of Contract.

4.6. Mark the front of the envelope with the solicitation number (see block 1 of the SF1442), and the name and address of the Bidder. See block 13A of the SF1442 for required number of copies of the bid that must be submitted.

http://www.sam.gov/

5. Joint Venture Requirements.

5.1. Bidders wishing to submit a bid as a Joint Venture (JV) must also submit (with the pro forma documents) a copy of the JV agreement that is executed in accordance with FAR 4.102(d). Additionally, each JV partner shall submit evidence that its board of directors has approved its participation in the JV.

For an unincorporated entity, submit an instrument of similarly binding character.

5.2. JV bidders are reminded that the JV entity must be registered in the Entity Information module of the

SAM website. For solicitations that are set-aside, the JV must also meet the applicable size standard. If the

JV entity has received a size determination from the Small Business Administration (SBA), submit a copy of that determination with the bid.

5.3. Pursuant to FAR 19.302(b), the Contracting Officer may protest the small business representation or representation of a JV entity where one (1) or more of the party/parties appears to not meet the set-aside standard. All questions regarding JVs must be directed to SBA.

5.4. Pursuant to FAR 52.204-8(d), Annual Representations and Certifications, and 52.212-3(b), Representations and Certifications—Commercial Products and Commercial Services, small business JV entities must submit the appropriate representations at 52.212-3(c) and 52.219-1(c).

(End of Section 00 10 00)

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Repair Vehicle Wash Rack

FFP

Non-personal services: Provide all plant, labor, new and current material, transportation, tools, equipment, appliances, supplies, services, permits, insurance and supervision necessary to perform and complete Project Number DJCF242163

Repair Vehicle Wash Rack at the 146th Airlift Wing in accordance with the attached Statement of Work dated 8 mar 2023

FOB: Destination

PSC CD: Z2JZ

NET AMT

0002 1 Job OPTION Repair Waterline Leak

FFP

Repair existing waterline leak adjacent to B1401 per the provided site map

(Attachment 1) in accordance with section 3.1.2 of the Statement of Work.

0003 1 Job OPTION Repair Waterline Leak

FFP

Repair existing waterline leak adjacent to B1402 per the provided site map

(Attachment 1) in accordance with section 3.1.3 of the Statement of Work.

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 120 dys. ANP 1 146 AW - CHANNEL ISLANDS ANGS

MSGT RANDOLPH VAN OTTEN

146 CES/SRM

113 MULCAHEY DRIVE

PORT HUENEME CA 93041-4012

805-986-7883

F8S3C1

0002 120 dys. ANP 1 (SAME AS PREVIOUS LOCATION)

0003 120 dys. ANP 1 (SAME AS PREVIOUS LOCATION)

Section 00 21 00 - Instructions

INSTRUCTIONS TO OFFERORS

SECTION 00 21 00 INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

1. Description of the Project: Non-personal construction services to provide all plant, labor, transportation, materials, tools, equipment, appliances, and supervision necessary to perform and complete the “Repair Vehicle

Wash Rack” project at the 146th Airlift Wing.

2. Instructions to Bidders.

2.1. You are invited to submit a bid in response to Invitation for Bids (IFB) W50S75-24-B-0004, “Repair

Vehicle Wash Rack” (Project Number DJCF242163).

2.2. As a result of this solicitation, the Government intends to award a firm-fixed-price 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 100% set-aside for certified participants of the 8(a) program.

3. Notice of Pre-Bid Conference and Site Visit.

3.1. A pre-bid conference on bid requirements and to answer questions will be held. Reference solicitation provision 52.236-27, Site Visit (Construction), for details. All interested bidders and subcontractors are highly encouraged to attend. A site visit will be held following the conference.

3.2. All attendees must register for the conference and site visit no later than three (3) business days prior to the meeting. This will provide the installation’s security forces adequate time to screen attendees and grant access to the installation. Providing this information is voluntary; however, failure to provide it may result in denial of access to the installation. Please note that individuals who already have access to the installation are required to register to ensure there is adequate seating.

3.3. Please direct all security access coordination through MSgt Randy Van Otten and MSgt Jaime Jimenez by emailing the information below (for each attendee) to randolph.van_otten.2@us.af.mil and jaime.jimenez.1@us.af.mil:

3.3.1. Firm’s name;

3.3.2. Firm’s telephone number;

3.3.3. Attendee’s name;

3.3.4. Attendee’s driver license number; and

3.3.5. Attendee’s citizenship.

3.4. Attendees must process through the installation’s main gate prior to arrival and will be required to present the following information:

3.4.1. Driver license;

3.4.2. Vehicle registration;

3.4.3. Rental car contract/agreement; and

3.4.4. Proof of vehicle insurance.

3.5. All information provided is protected under the Privacy Act and shall not be released unless permitted by law and/or consent of the individual.

3.6. 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.

3.7. A record of the conference will be available to all prospective bidders through the Contract Opportunities module of the SAM website. The record will include minutes of the meeting, any questions asked, and any answers provided.

4. Formal Communications and Explanations to Bidders.

4.1. Use of the System for Award Management.

4.1.1. The solicitation and any technical and/or engineering data for this solicitation will be distributed using the Contract Opportunities module of the SAM website. Technical/engineering data may locked/secured and require bidders to request explicit access to this solicitation from the contracting office.

Bidders may also request the data via export controlled access through the Defense Logistics Agency.

4.1.2. Requests to access locked/secure data through the contracting office will require the individual to have a registered account with the SAM website.

4.1.3. When requesting access to locked/secure data, you must provide your firm’s name and either Unique

Entity Identification (UEID) or Commercial and Government Entity (CAGE) code as part your request.

This information is not provided automatically and failure to provide it will result in your request being denied.

4.1.4. Allow two (2) business days for the contracting office to process your access to the locked/secured data.

4.1.5. Complete instructions (to include training) is available through the SAM website. The California

National Guard is unable to provide technical assistance with the site.

4.2. Amendments to the Solicitation.

4.2.1. Any changes to the solicitation or contract documents (i.e., drawings, plans, specifications, statements of work, etc.) shall be issued to bidders as a formal amendment and disseminated through

Contract Opportunities.

4.2.2. All bidders must acknowledge all amendments either collectively on the SF1442 (block 19, back side), or individually with each amendment’s SF30, Amendment of Solicitation/Modification of Contract.

All acknowledgements for all amendments must be received by the time set for receipt of bids.

4.3. Pre-Bid Inquiries.

4.3.1. Answers to pre-bid inquiries that clarify or provide interpretations of the solicitation or contract documents will not be issued as an amendment and do not require acknowledgement. All amendments or responses to inquiries will be provided through the Contract Opportunities module.

4.3.2. All pre-bid inquiries pertaining must be submitted to the contracting office no later than five (5) working days prior to the close of the solicitation. This provides adequate time for the Government to answer the question and post its response to Contract Opportunities for the benefit of all bidders. Bidders are strongly encouraged to submit questions early in this process.

4.3.3. Do not contact the architect-engineer or technical personnel directly as this may delay the

Government’s response.

4.3.4. Please reference the solicitation number as part of the subject line (see block 1 of the SF1442), and include pertinent contact information with your inquiry to: ng.ngca.caarng.uspfo-construction@army.mil.

5. Bid Repository and Bid Opening.

5.1. Hand carried bids must be deposited in the provided bid repository before the time established for opening of bids. Bidders are cautioned that they will be required to process through the installation’s security forces and should account for this time. See Paragraph 4 (above) for installation access procedures.

5.2. Late receipt of bids caused by entry delays may not be deemed excusable and the Contracting Officer may declare the bid late in accordance with FAR 14.304, Submission, Modification, and Withdrawal of Bids.

5.3. The bid opening will occur at the time and date specified in Block 13 of the SF1442. All interested offerors and their subcontractors are encouraged to attend the bid opening.

6. Wage Determination. Construction Wage Rates are applicable to this project are applicable and are provided in

Section 00 73 00 of this solicitation.

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 any other costs incurred prior to award of a formal contract.

8. Clauses and Provisions. Clauses and provisions from the FAR, Defense FAR Supplement, and Army FAR

Supplement are incorporated with this solicitation 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, Government Contract Files, one copy of all unsuccessful bids will be retained by the Government.

10. Bidder Qualifications. To establish a bidder’s responsibility, the Government may request the apparent low bidder to submit a statement regarding their experience in performing comparable work, business and technical organization, financial and bonding resources, and available plant/equipment to be used in performing the work.

11. Brand Name or Sole Source Justifications. There are no brand name or sole source justifications pertinent to this solicitation.

12. The National Guard (NG) Agency Protest Program.

12.1. This program is intended to encourage interested parties to seek resolution of their concerns with the NG as an Alternative Dispute Resolution forum, rather than filing a protest with the Government Accountability

Office (GAO) or other external forum. Contract award or performance is suspended during the protest to the same extent, and with the same time periods as if filed at the GAO. The NG protest decision goal is to resolve protests within 35 calendar days from filing. An agency protest may be filed with either the Contracting Officer or the NG Agency’s Protest Decision Authority, but not both, and in accordance with NG protest procedures.

12.2. To be timely, the protests must be filed within the periods specified at FAR 33.103, Protests to the

Agency. To file a protest under the NG Agency Protest Program, the protest must request resolution under that program and sent to:

National Guard Bureau Office of the Director of Acquisitions/Head of Contracting Activity ATTN: NGB-AQ-

O 111 S. George Mason Dr. Arlington, VA 22204

Emailing: ng.ncr.ngb-arng.mbx.ngb-task-order-ombudsman@mail.mil

12.3. All other agency-level protests should be sent to the Contracting Officer for resolution at the address in the solicitation. See contract clause 52.233-2, Service of Protest.”

CLAUSES INCORPORATED BY REFERENCE

52.204-16 Commercial and Government Entity Code Reporting AUG 2020

52.204-22 Alternative Line Item Proposal JAN 2017

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

52.217-4 Evaluation Of Options Exercised At The Time Of Contract

Award

JUN 1988

52.217-5 Evaluation Of Options JUL 1990

52.222-5 Construction Wage Rate Requirements--Secondary Site of the

Work

MAY 2014

52.222-10 Compliance with Copeland Act Requirements FEB 1988

52.225-10 Notice of Buy American Requirement--Construction

Materials

MAY 2014

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements NOV 2023

252.215-7008 Only One Offer DEC 2022

252.215-7013 Supplies and Services Provided by Nontraditional Defense

Contractors

JAN 2023

CLAUSES INCORPORATED BY FULL TEXT

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

(a) Definitions. As used in this provision--

Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for

Award Management records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

Registered in the System for Award Management (SAM) means that--

(1) The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding

Accountability and Transparency Act of 2006 (see subpart 4.14) into SAM;

(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of Contact sections of the registration in SAM;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification

Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to mailto:ng.ncr.ngb-arng.mbx.ngb-task-order-ombudsman@mail.mil provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record ``Active''.

Unique entity identifier means a number or other identifier used to identify a specific commercial, nonprofit, or

Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

(b)(1) An Offeror is required to be registered in SAM when submitting an offer or quotation, and shall continue to be registered until time of award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation

``Unique Entity Identifier'' followed by the unique entity identifier that identifies the Offeror's name and address exactly as stated in the offer. The Offeror also shall enter its EFT indicator, if applicable. The unique entity identifier will be used by the Contracting Officer to verify that the Offeror is registered in SAM.

(c) If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for establishment of the unique entity identifier directly to obtain one. The Offeror should be prepared to provide the following information:

(1) Company legal business name.

(2) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(3) Company physical street address, city, state, and Zip Code.

(4) Company mailing address, city, state and Zip Code (if separate from physical).

(5) Company telephone number.

(6) Date the company was started.

(7) Number of employees at your location.

(8) Chief executive officer/key manager.

(9) Line of business (industry).

(10) Company headquarters name and address (reporting relationship within your entity).

(d) Processing time should be taken into consideration when registering. Offerors who are not registered in SAM should consider applying for registration immediately upon receipt of this solicitation. See https://www.sam.gov for information on registration.

(End of Provision)

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm Fixed Price contract resulting from this solicitation.

https://www.sam.gov/

(End of provision)

52.228-1 BID GUARANTEE (SEP 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States.

The Contracting Officer will return bid guarantees, other than bid bonds, (1) to unsuccessful bidders as soon as practicable after the opening of bids, and (2) to the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.-

(c) The amount of the bid guarantee shall be Twenty percent of the bid price or $3,000,000.00 whichever is less.-

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.-

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from

The National Guard (NG) Agency Protest Program.

This program is intended to encourage interested parties to seek resolution of their concerns with the NG as an

Alternative Dispute Resolution forum, rather than filing a protest with the Government Accountability Office

(GAO) or other external forum. Contract award or performance is suspended during the protest to the same extent, and with the same time periods as if filed at the GAO. The NG protest decision goal is to resolve protests within 35 calendar days from filing. An agency protest may be filed with either the Contracting Officer or the NG Agency’s

Protest Decision Authority, but not both, and in accordance with NG protest procedures.

To be timely, the protests must be filed within the periods specified at FAR 33.103, Protests to the Agency. To file a protest under the NG Agency Protest Program, the protest must request resolution under that program and sent to:

National Guard Bureau Office of the Director of Acquisitions/Head of Contracting Activity ATTN: NGB-AQ-O 111

S. George Mason Dr. Arlington, VA 22204 Emailing: ng.ncr.ngb-arng.mbx.ngb-task-order-ombudsman@mail.mil

All other agency-level protests should be sent to the Contracting Officer for resolution at the address in the

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

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) An organized site visit has been scheduled for –

Thursday 27 June 2024 At 1300 PM PDT

(c) Participants will meet at –

Channel Islands Air National Guard Station, Main Gate, Visitor Area, Additional information provided in the

“Instruction to Bidders”.

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

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

https://www.acquisition.gov/

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision.

(b) The use in this solicitation of any Defense Federal Acquisition Regulation Supplement (48 CFR Chapter 2 ) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

https://www.acquisition.gov/

Section 00 45 00 - Representations and Certifications

52.203-11 Certification And Disclosure Regarding Payments To

Influence Certain Federal Transactions

SEP 2007

52.209-2 Prohibition on Contracting with Inverted Domestic

Corporations--Representation

NOV 2015

52.209-5 Certification Regarding Responsibility Matters AUG 2020

52.209-13 Violation of Arms Control Treaties or Agreements --

Certification

NOV 2021

52.214-18 Preparation of Bids-Construction APR 1984

252.203-7005 Representation Relating to Compensation of Former DoD

Officials

SEP 2022

252.204-7007 Alternate A, Annual Representations and Certifications NOV 2023

252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.225-7055 Representation Regarding Business Operations with the

Maduro Regime

MAY 2022

252.225-7057 Preaward Disclosure of Employment of Individuals Who

Work in the People's Republic of China

AUG 2022

252.225-7973 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned

Aircraft Systems - Representation (DEVIATION 2020-

O0015)

MAY 2020

52.201-1 ACQUISITION 360: VOLUNTARY SURVEY (SEP 2023)

(a) All actual and potential offerors are encouraged to provide feedback on the preaward and debriefing processes, as applicable. Feedback may be provided to agencies up to 45 days after award. The feedback is anonymous, unless the participant self-identifies in the survey. Actual and potential offerors can participate in the survey by selecting the following link: https://www.acquisition.gov/360.

(b) The Contracting Officer will not review the information provided until after contract award and will not consider it in the award decision. The survey is voluntary and does not convey any protections, rights, or grounds for protest.

It creates a way for actual and potential offerors to provide the Government constructive feedback about the preaward and debriefing processes, as applicable, used for a specific acquisition.

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (FEB 2024)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 236220.

(2) The small business size standard is $45,000,000.

(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 https://www.acquisition.gov/360 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition--

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

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

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

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

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

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

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

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

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

(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).

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

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

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

(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 II and III.)

This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $50,000, the basic provision applies.

(B) If the acquisition value is $50,000 or more but is less than $100,000, the provision with its Alternate II applies.

(C) If the acquisition value is $100,000 or more but is less than $102,280, 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:

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

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

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

(iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment--Certification.

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

Services--Certification.

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

Designated Products (Alternate I only).

(vii) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

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

(d) The Offeror has completed the annual representations and certifications electronically in SAM accessed through https://www.sam.gov. After reviewing the SAM information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR

4.1201); except for the changes identified below [ offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause Title Date Change

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

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services--

Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-

Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph

(d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause

52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or

Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM)

(https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that--

(1) It [ ___ ] will, [ ___ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The

Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--

It [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as

OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered

(include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as

OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered

(include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT

2020)

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

Telecommunications and Video…