Solicitation Amendment W50S7524QA0290002 SF 30.pdf
PDF 681 KB Posted
- Attached to
- 146 CES Repair Command Section Offices B602 Federal contract opportunity
- Solicitation number
- W50S7524QA029
- Issued by
- Department of the Army National Guard
About this file
This document is a solicitation amendment for a federal contract opportunity to repair the Command Section Office Building 602 at Channel Islands Air National Guard Station. The key details are:
The solicitation number is W50S7524QA0290002, and the contract is a firm-fixed-price construction contract. The government intends to award a single contract to the responsible bidder whose bid conforming to the RFQ will be most advantageous, considering only price. The requirement is 100% set aside for small businesses, with a NAICS code of 236220 and a $45M size standard. Bids are due by 17 Sept 2024 at 2:00pm Pacific Time. Vendors must be registered in SAM and WAWF. All questions must be submitted by 12 Sept 2024 at 2:00pm. The period of performance is 30 days after the notice to proceed. The purpose is to repair the Command Offices in Building 602 at Channel Islands ANG Station in accordance with the Statement of Work.
View the file
Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| Solicitation Amendment W50S7524QA0290003 SF 30.pdf | ||
| RFI Log.pdf | ||
| W50S7524QA029_Site_Visit_9_10_2024.pdf | ||
| W50S7524QA0290001_Amendment 1.pdf | ||
| W50S7524QA029_Conformed.pdf | ||
| W50S7524QA029_Attachment I_SOW.pdf | ||
| Solicitation - W50S7524QA029.pdf |
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11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended. is not extended.
Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:
(a) By completing items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;
or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.
12. ACCOUNTING AND APPROPRIATION DATA (If required)
13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.
IT MODIFIES THE CONTRACT/ORDER NUMBER AS DESCRIBED IN ITEM 14.
CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER
NUMBER IN ITEM 10A.
B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).
C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:
D. OTHER (Specify type of modification and authority)
E. IMPORTANT: Contractor is not is required to sign this document and return copies to the issuing office.
14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)
Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.
15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)
15B. CONTRACTOR/OFFEROR
(Signature of person authorized to sign)
15C. DATE SIGNED 16B. UNITED STATES OF AMERICA
(Signature of Contracting Officer)
16C. DATE SIGNED
Previous edition unusable STANDARD FORM 30 (REV. 11/2016) Prescribed by GSA FAR (48 CFR) 53.243
AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE PAGE OF PAGES
2. AMENDMENT/MODIFICATION NUMBER 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQUISITION NUMBER 5. PROJECT NUMBER (If applicable)
6. ISSUED BY CODE 7. ADMINISTERED BY (If other than Item 6) CODE
8. NAME AND ADDRESS OF CONTRACTOR (Number, street, county, State and ZIP Code) (X) 9A. AMENDMENT OF SOLICITATION NUMBER
9B. DATED (SEE ITEM 11)
10A. MODIFICATION OF CONTRACT/ORDER NUMBE
10B. DATED (SEE ITEM 13)
CODE FACILITY CODE
SECTION SF 30 BLOCK 14 CONTINUATION PAGE
SUMMARY OF CHANGES
Section 00 10 00 - Solicitation, Contract Line Item Number (CLIN) Schedule
Miscellaneous text in this section has been modified to:
TABLE OF CONTENTS
SOLICITATION, OFFER, AND AWARD SF 1442 and SF 1442 BACK
SECTION - PRICING SCHEDULE, NOTES00010/00 10 00
SECTION - INSTRUCTIONS, CONDITIONS AND NOTICES TOOFFERORS00100/00 21 00
SECTION - REPRESENTATIONS & CERTIFICATIONS00600/00 45 00
SECTION - CONTRACT CLAUSES00700/00 70 00
SECTION - Wage Determination00800/00 73 00
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. Please submit your quote prior to the RFQ deadline via Electronic transmission.
4. A complete quote package must contain the following:
4.1. Standard Form (SF)1442, , front and back. Pursuant to Federal Acquisition Regulation 4.102, Solicitation, Offer, and Award , blocks 20A, 20B, and 20C must be signed by an official having the authority to contractually bind the Contractor's Signature company. One copy of the SF1442 is required to have an original signature.
4.2. Section 00 10 00, , all line items must be priced.Bid Schedule
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.
W50S7524QA0290002
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 theSF1442 (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 13Aof the SF1442 for required number of copies of the bid that must be submitted.
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 FAR4.102(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 FAR19.302(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 FAR52.204-8(d), , and 52.212-3(b), Annual Representations and Certifications Representations and Certifications-- , small business JV entities must submit the appropriate representations at 52.212-3(c)and Commercial Products and Commercial Services
52.219-1(c).
(Endof Section 00 10 00)
Section 00 21 00 - Instructions
Miscellaneous text in this section has been modified to:
SECTION 00 21 00 INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS
1. Description of the Project: Provide all plant, labor, new and current material, transportation, tools, equipment, appliances, supplies, services, permits, insurance and supervision necessary to Repair Command Section Office Building 602 at Channel Islands Air National Guard Station in accordance with statement of work dated 16 Aug 2024.
2. Instructions to quoters.
2.1. You are invited to submit a quote in response to request for quotes (RFQ) W50S75-24-Q-A029,"Repair Command Section Bldg 602".
2.2. Asa 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 RFQ, will be most advantageous to the Government, considering only price.
2.3. This solicitation is set-aside 100% for small businesses.
3. Evaluation for Award. If additive or deductive bid items are included, bids will be evaluated in accordance with solicitation provision 52.236- 7007, .Additive or Deductive Items
4. Notice of Pre-Bid Conference and Site Visit.
4.1. A pre-bid conference on bid requirements and to answer questions will be held. Reference solicitation provision 52.236-27, Site Visit , for details. All interested bidders and subcontractors are highly encouraged to attend. A site visit will be held following the (Construction) conference.
4.2. 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.
4.3. 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.miland jaime.jimenez.1@us.af.mil:
4.3.1. Firm's name;
4.3.2. Firm's telephone number;
4.3.3. Attendee's name;
4.3.4. Attendee's driver license number; and
4.3.5. Attendee's citizenship.
4.4. Attendees must process through the installation's main gate prior to arrival and will be required to present the following information:
4.4.1. Driver license;
4.4.2. Vehicle registration;
4.4.3. Rental car contract/agreement; and
4.4.4. Proof of vehicle insurance.
4.5. All information provided is protected under the Privacy Act and shall not be released unless permitted by law and/or consent of the individual.
4.6. 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.
4.7. 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.
5. Formal Communications and Explanations to Bidders.
5.1. Use of the System for Award Management.
5.1.1. 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.
5.1.2. Requests to access locked/secure data through the contracting office will require the individual to have a registered account with the SAM website.
5.1.3. 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. is not provided automatically and failure to This information provide it will result in your request being denied.
5.1.4. (2) business days for the contracting office to process your access to the locked/secured data. Allow two
5.1.5. (to include training) is available through the SAM website. The California National Guard is unable to Complete instructions provide technical assistance with the site.
5.2. the Solicitation. Amendments to
5.2.1. to the solicitation or contract documents (i.e., drawings, plans, specifications, statements of work, etc.) shall be issued Any changes to bidders as a formal amendment and disseminated through Contract Opportunities.
5.2.2. must acknowledge all amendments either collectively on the SF1442 (block 19, back side), or individually with each All quoters amendment's SF30, Amendment of . All acknowledgements for all amendments must be received by Solicitation/Modification of Contract the time set for receipt of bids.
5.3. Pre-Bid Inquiries.
5.3.1. pre-bid inquiries that clarify or provide interpretations of the solicitation or contract documents will not be issued as an Answers to amendment and do not require acknowledgement. or responses to inquiries will be provided through the Contract All amendments Opportunities module.
5.3.2. 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.
5.3.3. Do not contact the architect-engineer or technical personnel directly as this may delay the Government's response.
5.3.4. 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: william.tucker.32@us.af.mil and ricardo.macias.3@us.af.mil
6. Submit quotes via email to 2d Lt William Tucker william.tucker.32@us.af.mil and TSgt Ricardo Macias ricardo.macias.3@us.af.mil.
7. . Construction Wage Rates are applicable to this project are applicable and are provided in Section 00 7300 of this solicitation. Wage Determination
8. Expenses and Pre-Contract Costs. This RFQ does not commit the Government to pay costs incurred in preparation and submission Bid Preparation of quotes or for any other costs incurred prior to award of a formal contract.
9. Provisions. Clauses and provisions from the FAR, Defense FAR Supplement, and Army FAR Supplement are incorporated with this Clauses and 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.
10. Unsuccessful quotes. In compliance with FAR Subpart 4.8, , one copy of all unsuccessful quotes will Disposition of Government Contract Files be retained by the Government.
11. 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.
12. Brand Name or Sole Source Justifications. There are no brand name or sole source justifications pertinent to this solicitation.
(End of Section 00 21 00)
The following clauses were added:
FAR Clauses Incorporated by Full Text
52.252-1 Solicitation Provisions Incorporated by Reference. (Feb 1998)
As prescribed in , insert the following provision:52.107(a)
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/
(End of provision)
52.252-5 Authorized Deviations in Provisions. (Nov 2020)
As prescribed in , insert the following provision in solicitations that include any FAR or supplemental provision with an authorized 52.107(e) deviation. Whenever any FAR or supplemental provision is used with an authorized deviation, the contracting officer shall identify it by the same number, title, and date assigned to the provision when it is used without deviation, include regulation name for any supplemental provision, except that the contracting officer shall insert "(DEVIATION)" after the date of the provision.
Authorized Deviations in Provisions (Nov 2020)
The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the (a) addition of "(DEVIATION)" after the date of the provision.
The use in this solicitation of any Defense Federal Acquisition Regulation Supplement (48 CFR Chapter 2) provision with an authorized deviation (b) is indicated by the addition of "(DEVIATION)" after the name of the regulation.
(End of provision)
Section 00 21 16 - Instructions to Proposers
The following clauses were added:
FAR Clauses Incorporated by Reference
Number Title Effective Date Alternate/ Deviation
Variation Effective Date
52.204-16 Commercial and Government Entity Code Reporting. Aug 2020
Section 00 45 00 - Representations and Certifications
The following clauses were added:
FAR Clauses Incorporated by Full Text
52.204-8 Annual Representations and Certifications. (May 2024)
As prescribed in , insert the following provision:4.1202(a)
ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAY 2024)
(a) The North American Industry Classification System (NAICS) code for this acquisition is [insert NAICS code].(1) ____
(2) The small business size standard is [insert size standard].____
(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 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) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.(1)
(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:
(i) Paragraph (d) applies.
(ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.
(c) The following representations or certifications in SAM are applicable to this solicitation as indicated:(1)
(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 biobased products in USDA-designated product categories; or include the clause at 52.223-2, Reporting 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 Certifications. This provision applies to all solicitations.
(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.
(2) The following representations or certifications are applicable as indicated by the Contracting Officer:
[ ]Contracting Officer check as appropriate.
52.204-17, Ownership or Control of Offeror.(i)
52.204-20, Predecessor of Offeror.(ii)
52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.(iii)
52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of (iv)
Certain Equipment- Certification.
52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Certification.(v)
52.227-6, Royalty Information.(vi)
Basic.(A)
Alternate I.(B)
52.227-15, Representation of Limited Rights Data and Restricted Computer Software.(vii)
(d) The offeror has completed the annual representations and certifications electronically in SAM website accessed through https://www.sam.gov.
After reviewing the SAM information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [
]. These amended representation(s) and/or certification(s) are also offeror to insert changes, identifying change by clause number, title, date 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.
(End of provision)
DFARS Clauses Incorporated by Reference
Number Title Effective Date Alternate/ Deviation
Variation Effective Date
252.204-7008 Compliance with Safeguarding Covered Defense Information Controls. Oct 2016
DFARS Clauses Incorporated by Full Text
252.204-7007 Alternate A, Annual Representations and Certifications. (Nov 2023) Alternate A (Nov 2023)
ALTERNATE A, ANNUAL REPRESENTATIONS AND CERTIFICATIONS (NOV 2023)
Substitute the following paragraphs (b), (d), and (e) for paragraphs (b) and (d) of the provision at FAR 52.204-8:
(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (e) 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 (e) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:
(i) Paragraph (e) applies.
(ii) Paragraph (e) does not apply and the Offeror has completed the individual representations and certifications in the solicitation.
(d)(1) The following representations or certifications in the SAM database are applicable to this solicitation as indicated:
(i) 252.204-7016, Covered Defense Telecommunications Equipment or Services-Representation. Applies to all solicitations.
(ii) 252.216-7008, Economic Price Adjustment-Wage Rates or Material Prices Controlled by a Foreign Government. Applies to solicitations for fixed-price supply and service contracts when the contract is to be performed wholly or in part in a foreign country, and a foreign government controls wage rates or material prices and may during contract performance impose a mandatory change in wages or prices of materials.
(iii) 252.225-7042, Authorization to Perform. Applies to all solicitations when performance will be wholly or in part in a foreign country.
(iv) 252.225-7049, Prohibition on Acquisition of Certain Foreign Commercial Satellite Services-Representations. Applies to solicitations for the acquisition of commercial satellite services.
(v) 252.225-7050, Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism. Applies to all solicitations expected to result in contracts of $150,000 or more.
(vi) 252.229-7012, Tax Exemptions (Italy)-Representation. Applies to solicitations and contracts when contract performance will be in Italy.
(vii) 252.229-7013, Tax Exemptions (Spain)-Representation. Applies to solicitations and contracts when contract performance will be in Spain.
(viii) 252.247-7022, Representation of Extent of Transportation by Sea. Applies to all solicitations except those for direct purchase of ocean transportation services or those with an anticipated value at or below the simplified acquisition threshold.
(2) The following representations or certifications in SAM are applicable to this solicitation as indicated by the Contracting Officer:
[Contracting Officer check as appropriate.]
(i) 252.209-7002, Disclosure of Ownership or Control by a Foreign Government.
(ii) 252.225-7000, Buy American-Balance of Payments Program Certificate.
(iii) 252.225-7020, Trade Agreements Certificate.
Use with Alternate I.
(iv) 252.225-7031, Secondary Arab Boycott of Israel.
(v) 252.225-7035, Buy American-Free Trade Agreements-Balance of Payments Program Certificate.
Use with Alternate I.
Use with Alternate II.
Use with Alternate III.
Use with Alternate IV.
Use with Alternate V.
(vi) 252.226-7002, Representation for Demonstration Project for Contractors Employing Persons with Disabilities.
(vii) 252.232-7015, Performance-Based Payments-Representation.
(e) The Offeror has completed the annual representations and certifications electronically via the SAM website at . After https://www.sam.gov reviewing the SAM database 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 FAR 52.204-8(c) and paragraph (d) 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 . These amended representation(s) and/or [ ]Offeror to insert changes, identifying change by provision number, title, date certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
FAR/DFARS Provision # 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 located in the SAM database.
(End of provision)
Section 00 70 00 - Conditions of the Contract
Additional Information/Notes
The following clauses were added:
FAR Clauses Incorporated by Reference
Number Title Effective Date Alternate/ Deviation
Variation Effective Date
52.201-1 Acquisition 360: Voluntary Survey. Sep 2023 52.204-7 System for Award Management. Oct 2018 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. Jun 2020 52.204-13 System for Award Management Maintenance. Oct 2018 52.204-18 Commercial and Government Entity Code Maintenance. Aug 2020 52.204-19 Incorporation by Reference of Representations and Certifications. Dec 2014 52.204-22 Alternative Line Item Proposal. Jan 2017
52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities.
Dec 2023
52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.
Nov 2021
52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
Nov 2021
52.204-26 Covered Telecommunications Equipment or Services-Representation. Oct 2020 52.204-27 Prohibition on a ByteDance Covered Application. Jun 2023 52.204-29 Federal Acquisition Supply Chain Security Act Orders-Representation and Disclosures. Dec 2023 52.204-30 Federal Acquisition Supply Chain Security Act Orders-Prohibition. Dec 2023
52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment.
Nov 2021
52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. Nov 2015 52.214-34 Submission of Offers in the English Language. Apr 1991 52.214-35 Submission of Offers in U.S. Currency. Apr 1991 52.219-6 Notice of Total Small Business Set-Aside. Nov 2020 52.222-5 Construction Wage Rate Requirements-Secondary Site of the Work. May 2014 52.222-6 Construction Wage Rate Requirements. Aug 2018 52.222-7 Withholding of Funds. May 2014 52.222-8 Payrolls and Basic Records. Jul 2021 52.222-9 Apprentices and Trainees. Jul 2005 52.222-10 Compliance with Copeland Act Requirements. Feb 1988 52.222-11 Subcontracts (Labor Standards). May 2014 52.222-12 Contract Termination-Debarment. May 2014 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations. May 2014 52.222-14 Disputes Concerning Labor Standards. Feb 1988 52.222-15 Certification of Eligibility. May 2014 52.222-21 Prohibition of Segregated Facilities. Apr 2015 52.222-26 Equal Opportunity. Sep 2016 52.222-27 Affirmative Action Compliance Requirements for Construction. Apr 2015 52.222-36 Equal Opportunity for Workers with Disabilities. Jun 2020 52.222-50 Combating Trafficking in Persons. Nov 2021 52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026. Jan 2022 52.222-62 Paid Sick Leave Under Executive Order 13706. Jan 2022 52.223-21 Foams. May 2024
52.223-23 Sustainable Products and Services. May 2024 52.225-10 Notice of Buy American Requirement-Construction Materials. May 2014 52.225-13 Restrictions on Certain Foreign Purchases. Feb 2021 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving. May 2024 52.228-11 Individual Surety-Pledge of Assets. Feb 2021 52.228-14 Irrevocable Letter of Credit. Nov 2014 52.228-17 Individual Surety-Pledge of Assets (Bid Guarantee). Feb 2021 52.229-11 Tax on Certain Foreign Procurements-Notice and Representation. Jun 2020 52.229-12 Tax on Certain Foreign Procurements. Feb 2021 52.232-23 Assignment of Claims. May 2014 52.232-33 Payment by Electronic Funds Transfer-System for Award Management. Oct 2018 52.232-39 Unenforceability of Unauthorized Obligations. Jun 2013 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. Mar 2023 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 52.242-14 Suspension of Work. Apr 1984 52.243-5 Changes and Changed Conditions. Apr 1984 52.244-6 Subcontracts for Commercial Products and Commercial Services. Feb 2024 52.246-12 Inspection of Construction. Aug 1996 52.249-4 Termination for Convenience of the Government (Services) (Short Form). Apr 1984
FAR Clauses Incorporated by Full Text
52.204-1 Approval of Contract. (Dec 1989)
As prescribed in , insert the following clause:4.103
Approval of Contract (Dec 1989)
This contract is subject to the written approval of and shall not be binding until so approved.Contracting Officer
(End of clause)
52.211-10 Commencement, Prosecution, and Completion of Work. (Apr 1984)
As prescribed in , insert the following clause in solicitations and contracts when a fixed-price construction contract is contemplated. The 11.404(b) clause may be changed to accommodate the issuance of orders under indefinite-delivery contracts for construction.
Commencement, Prosecution, and Completion of Work (Apr 1984)
The Contractor shall be required to (a) commence work under this contract within calendar days after the date the Contractor receives the ten (10) notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than after the thirty (30) calendar days date the contractor receives the notice to proceed.
(End of clause)
52.216-1 Type of Contract. (Apr 1984)
As prescribed in , complete and insert the following provision:16.105
Type of Contract (Apr 1984)
The Government contemplates award of a contract resulting from this solicitation.Firm Fixed Price
(End of provision)
52.219-28 Post-Award Small Business Program Rerepresentation. (Alternate I) (Feb 2024) Alternate I (Mar 2020)
Alternate I . As prescribed in (c)(2), substitute the following paragraph (h)(1) for paragraph (h)(1) of the basic clause:(MAR 2020) 19.309
(h)(1) The Contractor represents its small business size status for each one of the NAICS codes assigned to this contract.
NAICS Code Small business concern (yes/no)
[ ]Contracting Officer to insert NAICS codes.
52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction.
(Feb 1999)
As prescribed in , insert the following provision:22.810(b)
NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR
CONSTRUCTION (FEB 1999)
The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause (a) of this solicitation.
The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all (b) construction work in the covered area, are as follows:
Goals for Minority Participation for EachTrade
Goals for Female Participation for EachTrade
[ ]Contracting Officer shall insert goals [ ]Contracting Officer shall insert goals
These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the in notice form, and these notices may be obtained from any Office of Federal Register Federal Contract Compliance Programs office.
The Contractor's compliance with Executive Order11246, as amended, and the regulations in shall be based on (1) its (c) 41 CFR 60-4 implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction," and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order11246, as amended, and the regulations in . Compliance with the goals will be measured against the total work hours performed.41 CFR 60-4
The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of (d) Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the-
Name, address, and telephone number of the subcontractor;(1)
Employer's identification number of the subcontractor;(2)
Estimated dollar amount of the subcontract;(3)
Estimated starting and completion dates of the subcontract; and(4)
Geographical area in which the subcontract is to be performed.(5)
As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is [Contracting Officer shall insert (e) ____________ description of the geographical areas where the contract is to be performed, giving the state, county, and city].
(End of provision)
52.225-9 Buy American-Construction Materials. (Oct 2022)
As prescribed in , insert the following clause:25.1102(a)
BUY AMERICAN-CONSTRUCTION MATERIALS (OCT 2022)
(a) . As used in this clause-Definitions
Commercially available off-the-shelf (COTS) item-
(1) Means any item of supply (including construction material) that is-
(i) A commercial product (as defined in paragraph (1) of the definition of "commercial product" at Federal Acquisition Regulation (FAR) 2.101);
(ii) Sold in substantial quantities in the commercial marketplace; and
(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and
(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.
"Construction material" means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.
Cost of components means-
(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or
(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.
Critical component means a component that is mined, produced, or manufactured in the United States and deemed critical to the U.S. supply chain.
The list of critical components is at FAR 25.105.
Critical item means a domestic construction material or domestic end product that is deemed critical to U.S. supply chain resiliency. The list of critical items is at FAR 25.105.
Domestic construction material means-
(1) For construction material that does not consist wholly or predominantly of iron or steel or a combination of both-
(i) An unmanufactured construction material mined or produced in the United States; or
(ii) A construction material manufactured in the United States, if-
(A) The cost of its components mined, produced, or manufactured in the United States exceeds 60 percent of the cost of all its components, except that the percentage will be 65 percent for items delivered in calendar years 2024 through 2028 and 75 percent for items delivered starting in calendar year 2029. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic.
Components of unknown origin are treated as foreign; or
(B) The construction material is a COTS item; or
(2) For construction material that consists wholly or predominantly of iron or steel or a combination of both, a construction material manufactured in the United States if the cost of foreign iron and steel constitutes less than 5 percent of the cost of all components used in such construction material.
The cost of foreign iron and steel includes but is not limited to the cost of foreign iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the construction material and a good faith estimate of the cost of all foreign iron or steel components excluding COTS fasteners. Iron or steel components of unknown origin are treated as foreign. If the construction material contains multiple components, the cost of all the materials used in such construction material is calculated in accordance with the definition of "cost of components".
Fastener means a hardware device that mechanically joins or affixes two or more objects together. Examples of fasteners are nuts, bolts, pins, rivets, nails, clips, and screws.
Foreign construction material means a construction material other than a domestic construction material.
Foreign iron and steel means iron or steel products not produced in the United States. Produced in the United States means that all manufacturing processes of the iron or steel must take place in the United States, from the initial melting stage through the application of coatings, except metallurgical processes involving refinement of steel additives. The origin of the elements of the iron or steel is not relevant to the determination of whether it is domestic or foreign.
Predominantly of iron or steel or a combination of both means that the cost of the iron and steel content exceeds 50 percent of the total cost of all its components. The cost of iron and steel is the cost of the iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the product and a good faith estimate of the cost of iron or steel components excluding COTS fasteners.
Steel means an alloy that includes at least 50 percent iron, between 0.02 and 2 percent carbon, and may include other elements.
"United States" means the 50 States, the District of Columbia, and outlying areas.
Domestic preference.(b) This clause implements 41 U.S.C.chapter 83, Buy American, by providing a preference for domestic construction (1) material. In accordance with 41 U.S.C. 1907, the domestic content test of the Buy American statute is waived for construction material that is a COTS item, except that for construction material that consists wholly or predominantly of iron or steel or a combination of both, the domestic content test is applied only to the iron and steel content of the construction materials, excluding COTS fasteners. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.
(2) This requirement does not apply to information technology that is a commercial product or to the construction materials or components listed by the Government as follows:
____________[Contracting Officer to list applicable excepted materials or indicate "none"]
(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that-
(i) The cost of domestic construction material would be unreasonable.
(A) .For domestic construction material that is not a critical item or does not contain critical components
(1) The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 20 percent;
(2) For construction material that is not a COTS item and does not consist wholly or predominantly of iron or steel or a combination of both, if the cost of a particular domestic construction material is determined to be unreasonable or there is no domestic offer received, and the low offer is for foreign construction material that is manufactured in the United States and does not exceed 55 percent domestic content, the Contracting Officer will treat the lowest offer of foreign construction material that exceeds 55 percent domestic content as a domestic offer and determine whether the cost of that offer is unreasonable by applying the evaluation factor listed in paragraph (b)(3)(i)(A) of this clause.(1)
(3) The procedures in paragraph (b)(3)(i)(A) of this clause will no longer apply as of January 1, 2030.(2)
.(B) For domestic construction material that is a critical item or contains critical components The cost of a particular domestic construction (1) material that is a critical item or contains critical components, subject to the requirements of the Buy American statute, is…
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