W50S8A21B5200_Roof Repair_B149_B256_20200107.pdf
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- Attached to
- Building 149 & 256 Roof Replacement
- Solicitation number
- W50S8A
About this file
This solicitation is for a firm fixed-price construction contract to remove and replace built-up asphalt roof systems on two buildings at Pease Air National Guard Base in New Hampshire. The contractor will provide all labor, materials, equipment, and supervision to install new 20-year EPDM or PVC roof systems, along with related work such as removing and replacing exterior insulation and fascia. Optional work includes replacing ceiling tiles. The pre-bid conference is scheduled for January 20, 2021, with questions due by January 18, 2021 and bids opening on February 10, 2021. The project is set aside for small businesses, with a NAICS code of 236220 and size standard of $39.5 million. The work must be completed within 180 days of notice to proceed.
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The USPFO for New Hampshire intends to issue an Invitation for Bids to aw ard a single f irm f ixed-price contract for services, non-personal, to provide all plant, labor, transportation, materials, tools, equipment, appliances and supervision necessary to remove and replace Building 149 and 256 built-up asphalt roof systems w ith new roof systems, at Pease ANGB, New ington, New Hampshire. The w ork to be performed includes the follow ing principal elements: Installation of a new 20-year EPDM roof system, w ith an option for a PVC roof system; Removal and replacement exterior insulation under membrane system, removal and replacement of fascia, provision for all f lashings and sealing of all penetrations and mechanical systems; Replacement of w ood decking that has failed; Abatement of asbestos; and an option w ill be included for the replacement of ceiling tiles.
The contract duration is 180 days after notice to proceed. This project is set aside 100% for Small Businesses. The North American Industry Classification (NAICS) Code is 236220, w ith a size standard of $39,500,000.00. The magnitude of construction is betw een $500,000 and $1,000,000.
X
AMANDA BOGUE 603-227-1595
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
07-Jan-2021
(RFP)
(IFB)
CALL:
B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)
See Item 7
2. TYPE OF SOLICITATION
SEALED BID
3. DATE ISSUED
9. FOR INFORMATION A. NAME
SOLICITATION
NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)
Prescribed by GSA
FAR (48 CFR) 53.236-1(e)
11. The Contractor shall begin performance w ithin _______30 calendar days and complete it w ithin ________180 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________
12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?
(If "YES," indicate within how many calendar days after award in Item 12B.)
X YES NO
13. ADDITIONAL SOLICITATION REQUIREMENTS:
A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specified in Item 8 by ___________ local time ______________10 Feb 2021 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.
shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.
B. An offer guarantee X is, is not required.
C. All offers are subject to the (1) w ork requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.
D. Offers providing less than _______30 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.
SOLICITATION, OFFER,
AND AWARD
(Construction, Alteration, or Repair)
1. SOLICITATION NO.
IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.
4. CONTRACT NO.
7. ISSUED BY CODE
USPFO NH 157 MISSION SUPPORT CONTRACTING
302 NEWMARKET ST BLDG 145
PORTSMOUTH NH 03801-2886
W50S8A
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.
8. ADDRESS OFFER TO (If Other Than Item 7)
FAX:TEL: TEL: FAX:
W50S8A21B5200 71
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
W50S8A21B5200
Section 00 10 00 - Solicitation
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 1 Job Base Bid for Project SZCQ192256- B256
FFP
Provide all plant, labor, transportation, materials, tools, equipment, appliances and supervision necessary to remove and replace Building 256 built-up asphalt roof systems with new 20 year EPDM roof system, in accordance with specifications dated 05 Jan 2021 and drawings dated 14 Sept 2020.
FOB: Destination
PSC CD: Y1AZ
NET AMT
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0002 1 Job Base Bid for Project SZCQ152149- B149
FFP
Provide all plant, labor, transportation, materials, tools, equipment, appliances and supervision necessary to remove and replace Building 256 built-up asphalt roof systems with new 20 year EPDM roof system, in accordance with specifications dated 05 Jan 2021 and drawings dated 14 Sept 2020.
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
1001 1 Job OPTION Option 1- B 256: PVC Roof
FFP
Install a new 20 year PVC membrane in lieu of the EPDM membrane specified in the base bid, in accordance with specifications dated 05 Jan 2021 and drawings dated 14 Sept 2020.
FOB: Destination
PSC CD: Y1AZ
NET AMT
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
1002 1 Job OPTION Option 2- B256: Ceiling Tiles Replacement
FFP
Replace water damaged acoustical ceiling tiles in BLDG 256.
FOB: Destination
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
2001 1 Job OPTION Option 1- B149: PVC ROOF
FFP
The work to be performed includes the following principal elements: Installation of a new 20-year EPDM roof system, with an option for a PVC roof system; Removal and replacement exterior insulation under membrane system, removal and replacement of fascia, provision for all flashings and sealing of all penetrations and mechanical systems; Replacement of wood decking that has failed; Abatement of asbestos.
FOB: Destination
PSC CD: Y1AZ
NET AMT
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
2002 1 Job OPTION Option 2- B149: Ceiling Tiles Replacement
FFP
Replace water damaged acoustical ceiling tiles in BLDG 256.
FOB: Destination
PSC CD: Y1AZ
NET AMT
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 N/A N/A N/A N/A
0002 N/A N/A N/A N/A
1001 180 dys. ADC 1 F8N3CE
EUGENE R MOZZONI
302 NEWMARKET STREET
NEWINGTON NH 03801-0157
603-430-2408
F8N3CE
1002 180 dys. ADC 1 (SAME AS PREVIOUS LOCATION)
2001 180 dys. ADC 1 (SAME AS PREVIOUS LOCATION)
2002 180 dys. ADC 1 (SAME AS PREVIOUS LOCATION)
Section 00 21 00 - Instructions
INTRODUCTION
SECTION 00010 Solicitation Contract Form
TABLE OF CONTENTS
SOLICITATION, OFFER, AND AWARD SF 1442 and SF 1442 BACK
SECTION 00010 - BID SCHEDULE, NOTES
SECTION 00213 - INSTRUCTION TO BIDDERS
SECTION 00450 – REPRESENTATIONS & CERTIFICATIONS
SECTION 00700 - CONTRACT CLAUSES
SECTION 00730 – SUPPLEMENTARY CONDITIONS: WAGE DETERMINATION
SECTION 01000 – GENERAL REQUIREMENT
ATTACHMENT 1 - B149 and B256 Specifications Project # SZCQ192256 & SZCQ152149 Dated 05 Jan 2021 ATTACHMENT 2 – B149 and B256 Drawings Project # SZCQ192256 & SZCQ152149 Dated 14 Sept 2020
SECTION 00010 NOTES
NOTES
1. All questions and requests for information regarding this Invitation For Bids (IFB) must be received NOT LATER THAN the fifth business day prior to bid opening date in order to minimize the need to extend the bid opening date. Questions shall be emailed to: amanda.m.bogue.civ@mail.mil and molly.a.vance.civ@mail.mil.
2. Offeror’s attention is invited to the insurance requirement contained in this solicitation (Contract Clause FAR 52.228-5). Certification of the required coverage for the prime contractor shall be furnished prior to beginning work on this contract, and the Contracting Officer may request evidence of the required insurance at any time during the life the contract.
3. Reference Contract Clause 252.236-7008, CONTRACT PRICES – BIDDING SCHEDULES (DEC 1991).
The prices shown in the Bidding Schedule must reflect ALL costs involved in performing the work, as described in the plans and specifications.
4. The term “Bidding Schedule” shall also be construed to mean “Offer Schedule” or “Schedule”. The terms “bid” and “offer”, and “bidder” and “offeror” shall be construed as having the same meaning in this solicitation and resulting contract.
5. All information relating to this IFB, including pertinent changes/amendments and information will be posted on web site: http://www.beta.sam.gov.
6. Facsimile transmission of bid is not authorized. Electronic submission of bids will NOT be accepted.
7. All information relating to this IFB, including pertinent changes/amendments and information will be posted on web site: http://beta.SAM.gov. For security reasons, all potential offerors, plan rooms and printing companies are required to be registered in the GSA System for Award Management (SAM) database. Firms can register via the SAM internet site at https://www.sam.gov/portal/public/SAM/. Interested bidders are required to submit their representations and certifications at the same site.
8. A complete bid package must contain the following:
(a) Offer, Standard Form (SF) 1442 front and back signed
(b) Section 00010 Line Items- all items must be priced
(c) A Bid Bond and Power of Attorney is required along with the bid on the due date. The following is an alternative due to COVID changes, along with Policy Alert 020-084.
“A copy of the bond and POA may be submitted with the proposal, with the original signed copy with Seal to be submitted no later than 10 February 2021. The bid bond must be on a SF24 form.
Rejection of a bid bond shall be in accordance with FAR 28.101-4 Noncompliance with bid guarantee requirements.
(d) Section 00600, Representations and Certifications, completed and return only additional certifications found in this section In addition, the offeror must have entered current and complete data within the past year in Online Representations and Certifications at www.sam.gov.
(e) When completing the “Offeror” portion of the SF 1442 (Blocks 14 – 20), an official having the authority to contractually bind the company must sign the SF 1442 in accordance with FAR 4.102.
One copy of the SF1442 is required to have an original signature.
(f) All amendments to the solicitation must be acknowledged.
(g) Mark the front of the envelope with the following: “BID No. W50S8A-21-B-5200”, and the Name and Address of Bidder. See Block 13A of SF 1442 for required number of copies.
9. Joint Venture Requirements - Parties wishing to propose as a joint venture must submit, with the Pro Forma documents, an executed copy of the joint venture agreement. The joint venture agreement shall be executed in accordance with FAR 4.102(d). Each joint venture partner shall submit evidence satisfactory to the Contracting Officer that its Board of Directors has approved its participation in the joint venture or by an instrument of similarly binding character in the case of an unincorporated entity. Offerors are reminded that to obtain an award the awardee, to include a joint venture, must be registered in the System for Award Management (SAM) database. Applicable to set-aside solicitations: Joint Ventures must meet applicable size standards (See FAR Subpart 19.1). Submit with the proposal any size determination for the Joint Venture entity received from the Small Business Administration. A Joint Venture where-in one party is not a small business may be referred to the Small Business Administration ( IAW FAR 19.302 (b)) to determine eligibility. All questions regarding Joint Ventures must be directed to the Small Business Administration (SBA) and not the Contracting Officer.
NOTE: A Bid bond and Power of Attorney is required with submission of the bid. The bid bond is due on the date as stated on the SF1442 block 13.
End of Section 00010
Section 00 21 13 - Instructions to Bidders
SCOPE & INFORMATION FOR BIDDER
1. SCOPE:
1.1. You are invited to submit a bid in response to our Invitation for Bids (IFB), W50S8A-21-B-5200 entitled Building 149 & 256 Roof Replacement, Project Number SZCQ192256 & SZCQ152149, at the New Hampshire Air National Guard, Newington, NH.
1.2. The description of this project is that the Contractor will to provide all plant, labor, transportation, materials, tools, equipment, appliances and supervision necessary to remove and replace Building 149 and 256 built-up asphalt roof systems with new roof systems, at Pease ANGB, Newington, New Hampshire.
The work to be performed includes the following principal elements: Installation of a new 20-year EPDM roof system, with an option for a PVC roof system; Removal and replacement exterior insulation under membrane system, removal and replacement of fascia, provision for all flashings and sealing of all penetrations and mechanical systems; Replacement of wood decking that has failed; Abatement of asbestos; and an option will be included for the replacement of ceiling tiles.
1.3. As a result of this solicitation, the Government intends to award a Firm Fixed Price (FFP) contract resulting from this solicitation to the responsible bidder whose bid, conforming to the invitation for bids, will be most advantageous to the Government, considering only price.
1.4. This solicitation is set-aside 100% for small businesses.
2. NOTICE OF PRE-BID CONFERENCE AND SITE VISIT:
2.1. A pre-bid conference will be conducted on Wednesday, 20 January 2021 at 09:00 AM EST for the purposes of briefing on the bid requirements and answering questions regarding this solicitation. This conference will be held at the New Hampshire Air National Guard, Joint Contracting Conference Room, Bldg. 145, Pease ANGB, NH. Interested Contractors are highly encouraged to attend the pre-bid conference and are encouraged to invite their potential subcontractors. The site visit will be held following the conference.
2.2. Due to security conditions, all offerors must register to attend this conference and site visit. Email the following information for all attendees to the following addresses: Molly.A.Vance.civ@mail.mil and Amanda.M.Bogue.civ@mail.mil
Firm Name and Telephone Number Visitor’s Name and Social Security No.
Driver’s License Citizenship
2.3. This information must be provided in advance, not later than 2 business days prior to the meeting, in order to ensure access to the military base and conference site and ensure adequate seating for the conference attendees. Even if you have access to the base you must register to ensure adequate seating. The furnishing of the above information is voluntary; however, your failure to furnish all or part of the requested information may result in the Government’s denial of your access to the pre-proposal conference. This information will be provided to the Base Security Forces who will authorize your entrance to the site.
2.4. Visitors must be escorted onto base through the Installation’s Contractor Entry Gate prior to arrival. The Contractors & Visitors will meet in the parking lot right outside the Main Gate and once all Contractors have arrived and signed-in, a Government person will escort everyone through the Contractor Entry Date.
You will be required to present a Valid Driver’s License information upon arrival. Any of the above information furnished by you is protected under the Privacy Act and shall not be released unless permitted by law and/or you have consented to such.
2.5. Information provided at this conference or site visit shall not qualify the terms and conditions of the solicitation and specifications. Terms of the solicitation and specifications remain unchanged unless the solicitation is amended in writing. If an amendment is issued, normal procedures relating to the acknowledgment and receipt of solicitation amendments shall apply.
2.6. A record of the conference shall be made and furnished to all prospective bidders via posting at http://www.BETA.SAM.gov. The record will include minutes of the meeting, including questions (on a non-attribution basis) and answers.
3. FORMAL COMMUNICATION, OFFEROR EXPLANATIONS:
4.1 Submit all questions on a word document, in the format shown below, by email. Do NOT contact AE or Engineering personnel directly. Doing so will only delay your answer. All questions must come through the Contracting Office.
Subject Line: Reference No. SOLICITATION W50S8A-21-B-5200 Email: Amanda.M.Bogue.civ@mail.mil and Molly.A.Vance.civ@mail.mil
PRE-BID INQUIRY FORMAT
Date of Bid Inquiry:
From: Company Name:
Address:
Phone Number: Fax Number:
Email address:
Bid Inquiry: (Please clearly state your question) (If sent via an attachment word docs are preferred to facilitate posting of answers to the master Q&A document.)
1.
2.
3.
4.
4.2 Any explanation desired by an offeror regarding the meaning or interpretation of the solicitation, or proposals, drawings, specifications, etc. must be requested in writing and with sufficient time allowed for a reply to reach bidders before the submission of their bid.
4.3 All questions and requests for information (RFI) must be received NOT LATER THAN the fifth working day prior to bid opening. OFFERORS ARE STRONGLY ENCOURAGED TO SUBMIT QUESTIONS
EARLY IN THIS PROCESS.
4.4 Any changes to the drawings, specifications, etc. will be issued in the form of an amendment. However, any answers that clarify or provide an interpretation to the drawings, specifications, etc. will NOT be posted via amendment but rather as a response to the RFI on beta.SAM.gov at http://beta.SAM.gov.
4.5 Receipt by the offeror must be acknowledged in the space provided on the SF 1442 or by returning a signed copy of the amendment by the time set for receipt of bids.
4.6 For security reasons, all technical and engineering data related to this solicitation will be distributed using the System Award Management (Beta.SAM.gov). Beta.SAM.gov is a web- based dissemination tool designed to safeguard acquisition-related information for all Federal agencies. Interested bidders/offerors must register with Beta.SAM before accessing the system. Beta.SAM registration requires the following information:
5 AMENDMENTS PRIOR TO DATE SET FOR OPENING OF BIDS:
5.1 Amendments, if/when issued will be posted to http://beta.SAM.gov for electronic downloading. This will normally be the only method of distributing amendments prior to closing; therefore, it is the offerors responsibility to check the website periodically for any amendments to the solicitation. Websites are occasionally inaccessible due to various reasons.
6 BID REPOSITORY AND BID OPENING:
6.1 A bid repository is provided for hand carried bids and is located at the parking lot outside of the Main Gate, located at the intersection of arboretum and Pease Blvd. Hand carried bids must be deposited in the repository prior to the time established for opening of bids. Late receipt of bids due to entry delays may not be deemed excusable and the Contracting Officer may declare the bid “late” in accordance with FAR 14.304.
6.2 The bid opening will occur at the time and date specified in Block 13 of the SF1442 at the New Hampshire Air National Guard. All interested offerors and their major subcontractors are encouraged to attend the bid opening. Bidders are cautioned that they will be required to sign- in and obtain a visitor’s pass to enter the facility and should allow time to accomplish this. See instructions for obtain access to the base in the Site Visit instruction. Follow the same instruction for obtaining entry to attend the bid opening.
7 WAGE DETERMINATION:
7.1 Davis Bacon Wage Rates are applicable to this project. Current prevailing wage determination(s) at time of issuance of solicitation are NH20200022, dated 12/18/2020, Rockingham County in New Hampshire, as shown below in section 007300.
8 BID PREPARATION EXPENSES AND PRE-CONTRACT COSTS:
8.1 This IFB does not commit the Government to pay costs incurred in preparation and submission of bids or for other costs incurred prior to award of a formal contract.
9 CLAUSES:
9.1 Clauses and provisions from the Federal Acquisition Regulation (FAR) and supplements thereto are incorporated in this document by reference and in full text. Those incorporated by reference have the same force and effect as if they were given in full text.
9.2 Clauses and provisions in this document may not appear in consecutive order.
9.3 REMOVAL OF SECTIONS AT TIME OF AWARD: Sections 00100 and 00450 will be physically removed as a result of an award, but will be deemed to be incorporated by reference in that award.
10 DISPOSITION OF UNSUCCESSFUL BIDS:
10.1 In compliance with FAR Subpart 4.8, the Government will retain one copy of all unsuccessful bids including the bid bonds. The Government will destroy extra copies of unsuccessful bids. No destruction certificate will be provided.
11 OFFERORS QUALIFICATIONS:
11.1 To establish its responsibility, the apparent low bidder may be requested by the Government prior to award, to submit a statement regarding his previous experience in performing comparable work, his business and technical organization, financial and bonding resources and plant available to be used in performing the work. This action may be requested to determine if the contractor is responsible.
Section 00 45 00 - Representations and Certifications
CLAUSES INCORPORATED BY FULL TEXT
52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2020)
(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 236220.
(2) The small business size standard is $39,500,000.
(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.
(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.
(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:
( ) Paragraph (d) applies.
( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.
(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:
(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—
(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;
(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or
(C) The solicitation is for utility services for which rates are set by law or regulation.
(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.
(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation. This provision applies to all solicitations.
(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.
(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—
(A) Are not set aside for small business concerns;
(B) Exceed the simplified acquisition threshold; and
(C) Are for contracts that will be performed in the United States or its outlying areas.
(vi) 52.204-26, Covered Telecommunications Equipment or Services--Representation. This provision applies to all solicitations.
(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations--Representation.
(viii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.
(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.
(x) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.
(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.
(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.
(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.
(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.
(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.
(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.
(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.
(xv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.
(xvi) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.
(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.
(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.
(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.)
(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.
(xxi) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3.
(A) If the acquisition value is less than $25,000, the basic provision applies.
(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.
(C) If the acquisition value is $50,000 or more but is less than $83,099, the provision with its Alternate II applies.
(D) If the acquisition value is $83,099 or more but is less than $100,000, the provision with its Alternate III applies.
(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.
(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.
(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.
(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.
(2) The following representations or certifications are applicable as indicated by the Contracting Officer:
[Contracting Officer check as appropriate.]
(i) 52.204-17, Ownership or Control of Offeror.
(ii) 52.204-20, Predecessor of Offeror.
(iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.
(iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.
(v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.
(vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA- Designated Products (Alternate I only).
(vii) 52.227-6, Royalty Information.
(A) Basic.
(B) Alternate I.
(viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.
(d) The Offeror has completed the annual representations and certifications electronically in SAM accessed through https://www.sam.gov. After reviewing the SAM information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [ offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
FAR Clause Title Date Change
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.
(End of provision)
52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (AUG 2020)
(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-
(i) The Offeror and/or any of its Principals-
(A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;
(B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and
(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision;
and
(D) Have , have not , within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds the threshold at 9.104-5(a)(2) for which the liability remains unsatisfied.
(1) Federal taxes are considered delinquent if both of the following criteria apply:
(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.
(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.
(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.
(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.
(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.
(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).
(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.
(2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager;
head of a division or business segment; and similar positions).
(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.
(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.
52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)
(a) Definitions. As used in this provision--
Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.
Federal contracts and grants with total value greater than $10,000,000 means--
(1) The total value of all current, active contracts and grants, including all priced options; and
(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).
Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).
(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than $10,000,000.
(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:
(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:
(i) In a criminal proceeding, a conviction.
(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.
(iii) In an administrative proceeding, a finding of fault and liability that results in--
(A) The payment of a monetary fine or penalty of $5,000 or more; or
(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.
(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.
(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.
(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).
52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A
FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)
(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--
(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or
(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.
(b) The Offeror represents that--
(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and
(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.
52.216-1 TYPE OF CONTRACT (APR 1984)
The Government contemplates award of a IFB contract resulting from this solicitation.
52.217-5 EVALUATION OF OPTIONS (JUL 1990)
Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).
52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (NOV 2020)
Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business concern eligible under the WOSB Program.
Service-disabled veteran-owned small business concern--
(1) Means a small business concern--
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).
Small business concern--
(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (b) of this provision.
(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13
CFR 121.103.
Small disadvantaged business concern, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that--
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--
(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States, and
(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and
(2) The management and daily business operations of which are controlled (as defined at 13 CFR 124.106) by individuals who meet the criteria in paragraphs (1)(i) and (ii) of this definition.
Veteran-owned small business concern means a small business concern--
(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans.
Women-owned small business concern means a small business concern--
(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and
(2) Whose management and daily business operations are controlled by one or more women.
Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.
(b)(1) The North American Industry Classification System (NAICS) code for this acquisition is ___ --[insert NAICS code].
(2) The small business size standard is ___ --[insert size standard].
(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture (i.e., nonmanufacturer), is 500 employees.
(c) Representations. (1) The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a small business concern. (2) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ___ ] is, [ ___ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.
(3) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a women-owned small business concern.
(4) Women-owned small business (WOSB) concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(3) of this provision.] The offeror represents as part of its offer that--
(i) It [ ___ ] is, [ ___ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(4)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ___ --.] Each
WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.
(5) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a women-owned small business concern eligible under the WOSB Program in (c)(4) of this provision.] The offeror represents as part of its offer…
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