A.07.23_W911KB-17-R-0030_30JAN17.pdf
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Solicitation W911KB-17-R-0030 EIE392 FTQW160102 F-35 Renovate Bldg 1337 Squad Ops/CVN/AMXS Eielson AFB, AK
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DESIGN – BUILD
REQUEST FOR PROPOSAL
U.S. Army Corps Of Engineers Alaska District
EIE392
FTQW160102
F-35 Renovate Bldg 1337 Squad
Ops/CVN/AMXS
EIELSON AFB, ALASKA
W911KB-17-R-0030
January 30, 2017
REQUEST FOR PROPOSAL
TABLE OF CONTENTS
FRONT END
00 11 00 STANDARD FORM 1442
00 11 01 PROPOSAL SCHEDULE
00 21 00 INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS
00 22 10 PHASE 1 OF 2 PHASE DESIGN-BUILD SELECTION PROCEDURES
00 22 20 PHASE 2 DESIGN-BUILD SELECTION PROCEDURES AND BASIS
FOR AWARD
00 45 00 REPRESENTATIONS AND CERTIFICATIONS
00 72 00 CONTRACT CLAUSES
00 73 00.00 29 SPECIAL CONTRACT REQUIREMENTS
00 73 46 WAGE DETERMINATION SCHEDULE
01 10 10 PROJECT DESCRIPTION
TAB A ABBREVIATED DRAWING SECTION
PROJECT TITLE/LOCATION: EIE392 F-35 Renovate Bldg 1337 Sq Ops CVN/AMXS, FTQW160102, Eielson AFB, AK
NAICS: 237990 TOTAL SMALL BUSINESS SET-A-SIDE $36.5M
2 PHASE BEST VALUE SOURCE SELECTION IAW FAR PART 36.3
DESCRIPTION OF WORK: Renovate the existing single-story Squadron Opertions (Squad Ops) facility, Building 1337, using reinforced construction methods to accommodate the mission of the facility. The facility should be compatible w ith applicable DoD, Air Force, and base design standards. In addition, local materials and construction techniques shall be used w hen cost effective. Facilities w ill be designed as permanent construction in accordance w ith the DoD Unif ied Facilities Criteria (UFC) 1-200-01. The project w ill comply w ith DoD antiterrorism and force protection requirements per UFC 4-101-01.
AWARD WILL BE SUBJECT TO AVAILABILITY OF FUNDS AND CONGRESSIONAL APPROVAL.
YOLANDA M IKNER 907-753-2553
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
30-Jan-2017
(RFP)
(IFB)
X
CALL:
F-35 Renovate Bldg 1337 Sq Ops/CVN/AMXS
B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)
See Item 7
2. TYPE OF SOLICITATION
SEALED BID
3. DATE ISSUED
9. FOR INFORMATION A. NAME
SOLICITATION
NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)
Prescribed by GSA
FAR (48 CFR) 53.236-1(e)
11. The Contractor shall begin performance w ithin _______10 calendar days and complete it w ithin ________450 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________52.211-10 ALT
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 __________3 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________01 Mar 2017 (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 is, X is not required.
C. All offers are subject to the (1) w ork requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.
D. Offers providing less than _______90 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.
SOLICITATION, OFFER,
AND AWARD
(Construction, Alteration, or Repair)
1. SOLICITATION NO.
IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.
4. CONTRACT NO.
7. ISSUED BY CODE
U.S. ARMY ENGINEER DISTRICT, AK
CEPOA-CT (W911KB)
PO BOX 6898
JBER AK 99506-0898
W911KB
PAGE OF PAGES
1 OF
CODE
(Title, identifying no., date):
12B. CALENDAR DAYS
02:00 PM (hour) Sealed envelopes containing offers
5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.
EIE392
8. ADDRESS OFFER TO (If Other Than Item 7)
FAX:TEL: TEL: FAX:
W911KB-17-R-0030 270
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
PROPOSAL SCHEDULE
Renovate Bldg1337 Squad Ops/CVN/ANMXS
Eielson AFB, ALASKA
BASE ITEMS
Item No.
Description Estimated Quantity
Unit Unit Price Amount
0001 Design Renovation of Bldg.
1337 and utilities, Complete 1 Job $_________ $_________
0002 Remove and replace domestic and fire water in utilidor, Complete
1 Job $_________ $_________
0003 Renovate Bldg. 1337 within the bldg. 5-foot lines, Complete
1 Job $_________ $_________
0004 Remove and properly dispose PFOA/PFOS contaminated water in fire suppression waterline , Complete
1000 Gal $_________ $_________
Total of Base Item 0001 to 0004 $_________
OPTION ITEMS
Item No.
Description Estimated Quantity
Unit Unit Price Amount
0005 Remove, Sample stockpile 10 Cubic Yards of POL Contaminated Soil including Construction of Holding Cells, Complete*
10 CY $_________ $_________
Total Optional Item 0005 $_________
Total of Base and Optional Items 0001 thru 0005 $_________
Proposed Contract Duration: ____________________
* Work on CLIN 0005 shall be the cost for work identified in Specs 02 61 13 “Excavation and Handling of Contaminated Material” and Section 01 57 20.01 29 “Environmental Protection” that is additional to the requirements of the normal project excavation and the field screening identified in Section 31 09 20.00 29 “Field Screen Testing of Soils for POL Contamination”. For CLIN 0005, the Contractor shall keep a record of the amount of contaminated soil being excavated and disposed of. If the amount of contaminated soil being excavated & disposed of is above 115% or below 85% of the estimated quantity, the equitable adjustment will be in accordance with FAR
CLAUSE 52.211-18, VARIATION IN ESTIMATED QUANTITY.
EVALUATION OF OFFERS.
1. AWARD: Award will be made in accordance with Section 00 22 11 - EVALUATION
FACTORS FOR AWARD.
2. INCOMPLETE OFFERS: Failure to submit an offer on all items in the schedule constitutes an incomplete offer. Incomplete offers may be rejected. Lump sum or unit prices must be shown for each item within the schedule.
3. EXTENSIONS: All extensions of the unit prices shown will be subject to verification by the Government. In case of variation between the unit price and the extension, the unit price will be considered to be the offer.
-- END OF PROPOSAL SCHEDULE --
Section 00 21 00 - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS
SECTION 00 21 00
INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS
1.0 GENERAL INFORMATION
1.1 GENERAL DESCRIPTION OF WORK
1.2 CONSTRUCTION COST LIMITATION
1.3 BOND AMOUNT REQUIRED
1.4 PRE-AWARD SURVEYS
1.5 PERFORMANCE OF WORK BY THE CONTRACTOR
1.6 GOVERNMENT SECURITY REQUIREMENTS
1.7 COPIES OF SOLICITATION DOCUMENTS AND AMENDMENTS
1.8 OFFEROR'S QUESTIONS AND COMMENTS
1.9 SMALL BUSINESS SIZE STANDARD/NAICS CODE
1.10 PROPOSAL EXPENSES AND PRE-CONTRACT COSTS
1.11 SITE VISIT/PRE-PROPOSAL CONFERENCE
1.12 ACCURACY IN PROPOSALS
1.13 PROPOSAL SUBMITTALS
1.14 PROPOSAL FORMAT
1.15 JOINT VENTURE AND LLC PROPOSAL REQUIREMENTS
1.16 BUY AMERICAN ACT FOR CONSTRUCTION MATERIALS
1.17 SOLICITATION PROVISIONS
1.0 GENERAL INFORMATION
1.1. GENERAL DESCRIPTION OF WORK
The U.S. Army Corps of Engineers (USACE), Pacific Ocean Division (POD), Alaska District (POA) has been authorized to Alter Bldg 1337 for F-35 Squad Ops on Eielson AFB, Alaska. The project includes t h e complete renovation of the existing single-story Squadron Operations (Squad Ops) facility, Building 1337 (2,508 SM, 26,996 SF). Renovate concrete vault-type construction Secure Area and addition of new SWA areas to meet current program requirements and ICD 705, ICS 705-1, IC Tech Spec for ICD/ICS as required. Reconfiguration of interior walls to support various room requirements including –replacement of existing restroom and shower facilities to meet current applicable requirements. Reconfigure of mechanical, and plumbing, automatic fire suppression system, fire alarm, telephone systems for the entire facility. Modification and addition of exterior doors and windows to meet current energy and ATFP requirements. Replace water utility lines for domestic and fire suppression from building to updated water supply line.
1.2. CONSTRUCTION COST LIMITATION
The construction costs will be subject to the funds available for this project. The contract cost limitation for contract award is $7.2 Million. Offerors are notified that they are under no obligation to approach this limitation however the Government may not be able make an award if the cost limitation set for this project is exceeded.
1.3. BOND AMOUNT REQUIRED
Offeror Guarantee: The requirements for an Offer Guarantee as required in FAR Clause 52.228-1 Bid Guarantee
(Sep 1996) are hereby waived. However, the offeror must submit a letter from their bonding company indicating the offeror’s ability to obtain performance and payment bonds in the amount of the proposal price.
1.4. PRE-AWARD SURVEYS
The Government reserves the right to conduct a pre-award survey of any firm under consideration to confirm any part of the information furnished by the Offeror, or to require other evidence of managerial, financial, technical, and other capabilities, the positive establishment of which is determined by the Government to be necessary for the successful performance of the contract.
1.5. PERFORMANCE OF WORK BY THE CONTRACTOR
Your attention is invited to Section 00 72 00, FAR 52.219-14 entitled “Limitations on Subcontracting.” Submit with the proposal, a description of the work that the contractor intends to perform with his own organization (e.g.
earthwork, paving, brickwork, roofing, etc.), the percentage of the total work and the estimated cost thereof.
1.6. GOVERNMENT SECURITY REQUIREMENTS
The Offeror(s) must ensure that ALL mail sent to the Alaska District, U.S. Army Corps of Engineers, either pre-contract or post-contract award, has a return mailing address on the outside of the envelope, package, box, etc.
ANY MAIL addressed to the U.S. Army Corps of Engineers, including but not limited to bids, modifications to bids, proposals, revised proposals, bonds, correspondence, etc., will be REJECTED by the US Army Corps of
Engineers mail room facility located at PO Box 6898, Joint Base Elmendorf-Richardson (JBER), Alaska 99506-
6898 if it does not contain a return mailing address. There will be no exceptions.
1.7. COPIES OF SOLICITATION DOCUMENTS AND AMENDMENTS
Copies of the solicitation and amendments are available by INTERNET ACCESS ONLY. All solicitation documents will be posted to the Federal Business Opportunities website at: http://www.fbo.gov/ via Quick Search
(Solicitation No. W911KB-17-R-0030).
It shall be the contractor’s responsibility to check the websites for any amendments. The offeror shall submit in the proposal all requested information specified in this solicitation. There will be no public opening of the proposals received as a result of this solicitation.
A list of interested vendors (potential offerors and subcontractors) is available on the federal business opportunities web site (registration required) is available at: http://www.fbo.gov/ via Quick Search (Solicitation No. W911KB-
17-R-0030).
1.8. OFFEROR'S QUESTIONS AND COMMENTS
Questions and/or comments relative to these documents should be submitted via the Bidder Inquiry system as indicated below. All questions and/or comments should be submitted no later than seven (7) calendar days prior to the proposal due date. Bidder Inquiry Technical inquiries and questions relating to proposal procedures or bonds are to be submitted via Bidder Inquiry in ProjNet at http://www.projnet.org/projnet. To submit and review bid inquiry items, bidders will need to be a current registered user or self-register into system. To self-register go to web page, click BID tab select Bidder Inquiry, select agency USACE, enter Key for this solicitation listed below, and your e-mail address, click login. Fill in all required information and click create user. Verify that information on the next screen is correct and click on continue. From this page you may view all bidder inquiries or add inquiry. A complete listing of all inquiries and responses will be issued by amendment after the inquiry period closes. Bidders will receive an acknowledgement of their question via email, followed by an answer to their question after it has been processed by our technical team.
The Solicitation Number is: W911KB-17-R-0030
The Bidder Inquiry Key is: I97YEX-6Q4QRU
The Bidder Inquiry System will be unavailable for new inquires 7 calendar days prior to proposal submission in order to ensure adequate time is allotted to form an appropriate response and amend the solicitation, if necessary.
Offerors are requested to review the specification in its entirety, review the Bidder Inquiry System for answers to questions prior to submission of a new inquiry. The call center operates weekdays from 8AM to 5PM U.S. Central
Time Zone (Chicago). The telephone number for the Call Center is 800-428-HELP.
Offers will NOT be publicly opened. Information concerning the status of the evaluation and/or award will NOT be available after receipt of proposals.
1.9. SMALL BUSINESS SIZE STANDARD/NAICS CODE
See Standard Form 1442, block 10 for the small business size standard/NAICS code.
1.10. PROPOSAL EXPENSES AND PRE-CONTRACT COSTS
This Request for Proposal (RFP) does not commit the Government to pay, as a direct charge, any costs incurred in the preparation and submission of a proposal.
1.11. SITE VISIT/PRE-PROPOSAL CONFERENCE
A pre-proposal conference/site visit is yet to be determined. Offerors interested in a pre-proposal conference or site visit should submit a request in writing. Send requests to:
U.S. Army Corps of Engineers, Alaska District ATTN: CEPOA-CT (Yolanda M Ikner) P.O. Box 6898 Joint Base Elmendorf-Richardson, Alaska 99506-0898 Fax: 907-753-2553 Email: yolanda.m.ikner@usace.army.mil
1.12. ACCURACY IN PROPOSALS
Proposals must set forth full, accurate, and complete information as required by this RFP, (including attachments).
The penalty for making false statements is prescribed in 18 U.S.C. 1001.
1.13. PROPOSAL SUBMITTALS
Offerors must mail or deliver proposals to be received no later than the date and time stated on the standard form
(SF) 1442 or subsequent solicitation amendment. Questions concerning proposal receipt can be directed to the
Contract Specialist/Contracting Officer listed in the solicitation. Offerors are advised to plan accordingly. No arrangements will be made by the government to assist in proposal delivery. Day-pass procedures will not be used for proposal delivery purposes nor are there proposal pick-up services. No escort services will be provided. It is incumbent on the offeror to plan for unanticipated delays in delivery of proposals. Due to heightened security at
Government installations, visitors to Joint Base Elmendorf-Richardson (JBER) must use the Boniface Gate or Fort
Richardson Gate (Visitor Centers). All vehicle occupants are required to wear seatbelts and hand-held cell phone usage by vehicle operators while driving on base/post is prohibited. Violators will lose their Base/Post driving privileges for these offenses. For offerors who will have their proposals hand-delivered, or use personal delivery services such as DHL, UPS or FedEx, the delivery must be by person, courier or personal delivery service with active base access. Proposals will be received no later than the date and time stated on the SF1442 or subsequent solicitation amendment at:
Mailing Address:
U.S. Army Corps of Engineers, Alaska District
ATTN: CEPOA-CT (Ikner, Rm 30) PO Box 6898 Joint Base Elmendorf-Richardson AFB, Alaska 99506-0898
Physical Address:
U.S. Army Corps of Engineers, Alaska District ATTN: CEPOA-CT (Yolanda M. Ikner) 2204 3rd Street, Room 30 Joint Base Elmendorf-Richardson, Alaska 99506
The proposal will be accepted in Room 30 during Alaska District Corps of Engineer business hours (7:30 AM to
2:00PM) Monday through Friday, excluding holidays, but not later than the date and time stated on the SF1442 or subsequent solicitation amendment. The proposer is advised that the Alaska District Corps of Engineers building has limited access. Only the main door (in front under the Corps of Engineers red flag facing Talley Avenue) and the atrium doors (the tan addition to the main building located on Third Street/Fairchild Avenue) are open to individuals without a building pass. Room 30 is located in the basement of Building 2204; turn right if using the center stairs or elevator. There is a date/time stamp located at the front desk in Room 30 and is the official clock used for proposal receipt. The Packaging that contains the Proposals shall be marked:
”Proposals for Solicitation Number: W911KB-17-R-0030, DO NOT OPEN”
1.14. PROPOSAL FORMAT
(a) Written materials: 8 ½” x 11” format, using 10 point or larger font size, in bound volumes, using 3-ring binders. Each bound volume will contain a Title Sheet on the cover for ready identification of the proposal and a full table of contents, separated by Tabs, as prescribed herein. Within each Tab, it is recommended that the proposal information be presented in the same relative format as the submission requirements are listed.
(i) The prime, consortium, or joint venture’s name, address, a signature of the official that can bind the firm and a telephone number and email address shall appear in the lower left corner of the title page of any document/volume to be evaluated.
(ii) Volume number, section, page number and date submitted shall appear in the bottom right corner of each page
(along with the revision number for the amended page, if necessary).
(b) Drawing sheets: Use 11” x 17” for half size drawings.
(c) Electronic Format: Provide CD in searchable, read-only format, preferably using .pdf files. All price breakdown information to aide in the price evaluation shall be submitted in Excel format.
(d) Number of copies: For Volume 1, submit one original and three (3) copies of drawings and printed matter
(Bound Volumes), as well as one (1) CD. For Volume 2 submit the original and one copy and one separate CD.
Any Pro Forma information for Joint Ventures, or LLC as outlined in Section 00 21 00, paragraph 1.15 shall be included in Volume 2 along with evidence of bondability.
(e) The successful contractor shall provide one (1) searchable, read only electronic (*.pdf) copy of the entire
Volumes 1 and 2 and one (1) copy of all CADD files using AutoCAD 2007.
1.15. JOINT VENTURE AND LLC PROPOSAL REQUIREMENTS
When proposing as a joint venture, all members of the joint venture shall sign the SF 1442 unless a written agreement by the joint venture is furnished with the proposal designating one firm with the authority to bind the other member(s) of the joint venture. In addition, a copy of the joint venture agreement shall be submitted with the proposal. Failure to comply with the foregoing requirements may eliminate the proposal from further consideration.
If this is an 8(a) or HUBZone joint venture, the offeror shall ensure that it complies with the applicable requirements of 13 CFR Part 124 and 13 CFR Part 126, respectively.
When proposing as a Limited Liability Company (LLC), a member authorized to bind the LLC shall sign the SF
1442. A copy of the LLC Certificate of Organization, Articles of Organization and the Operating Agreement shall be submitted with the proposal.
1.16. BUY AMERICAN ACT FOR CONSTRUCTION MATERIALS
Your attention is invited to the provision 52.225-9, Notice of Buy American Act Requirement-Construction
Materials. You are advised to inform your potential subcontractors and suppliers of the Buy American Act requirements contained in this solicitation. Subparagraph (b) of the clause provides instructions for pre-award determinations as follows: “Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American Act should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-10 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American Act before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.” In accordance with FAR Part 25 Foreign Acquisition, subpart 25.205 entitled Post Award determinations, subparagraph (a), if a contractor requests a determination regarding the inapplicability of the Buy
American Act after contract award, the contractor must explain why it could not request the determination before contract award or why the need for such determination otherwise was not reasonably foreseeable.
1.17. SOLICITIATION PROVISIONS
52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions 52.204-7 System for Award Management 52.209-2 52.211-14
Prohibition On Contracting With Inverted Domestic Corporations--Representation Notice Of Priority Rating For National Defense, Emergency Preparedness, and Energy Program Use
52.215-1 Instructions to Offerors--Competitive Acquisition 52.216-1 Type Of Contract 52.217-5 Evaluation Of Options
52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS--SECONDARY SITE OF THE WORK
52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for
Construction
52.222-38 52.223-1 52.225-10 52.233-2
Notification of Employee Rights Under the National Labor Relations Act Biobased Product Certification Notice of Buy American Requirement--Construction Materials Service Of Protest
52.236-27 Alt I Site Visit (Construction) (Feb 1995) - Alternate I 52.236-28 252.204-7004 252.225-7031
Preparation of Proposals – Construction System for Award Management – Alt A Secondary Boycott of Israel
252.236-7008 Contract Prices-Bidding Schedules
CLAUSES INCORPORATED BY FULL TEXT
52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN
FEDERAL TRANSACTIONS (SEP 2007)
(a) Definitions. As used in this provision--``Lobbying contact'' has the meaning provided at 2 U.S.C. 1602(8). The terms ``agency,'' ``influencing or attempting to influence,'' ``officer or employee of an agency,'' ``person,'' ``reasonable compensation,'' and ``regularly employed'' are defined in the FAR clause of this solicitation entitled ``Limitation on Payments to Influence Certain Federal Transactions'' (52.203-12).
(b) Prohibition. The prohibition and exceptions contained in the FAR clause of this solicitation entitled ``Limitation on Payments to Influence Certain Federal Transactions'' (52.203-12) are hereby incorporated by reference in this provision.
(c) Certification. The offeror, by signing its offer, hereby certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on its behalf in connection with the awarding of this contract.
(d) Disclosure. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.
(e) Penalty. Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by 31 U.S.C. 1352. Any person who makes an expenditure prohibited under this provision or who fails to file or amend the disclosure required to be filed or amended by this provision, shall be subject to a civil penalty of not less than $10,000, and not more than $100,000, for each such failure.
(End of provision)
52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2016)
(a) Definitions. As used in this provision--
Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.
Registered in the System for Award Management (SAM) database means that--
(1) The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14) into the SAM database;
(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of Contact sections of the registration in the SAM database;
(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and
(4) The Government has marked the record ``Active''.
Unique entity identifier means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.
(b)(1) By submission of an offer, the Offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.
(2) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation ``Unique Entity Identifier'' followed by the unique entity identifier that identifies the Offeror's name and address exactly as stated in the offer. The Offeror also shall enter its EFT indicator, if applicable. The unique entity identifier will be used by the Contracting Officer to verify that the Offeror is registered in the SAM database.
(c) If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for establishment of the unique entity identifier directly to obtain one. The Offeror should be prepared to provide the following information:
(1) Company legal business name.
(2) Tradestyle, doing business, or other name by which your entity is commonly recognized.
(3) Company physical street address, city, state, and Zip Code.
(4) Company mailing address, city, state and Zip Code (if separate from physical).
(5) Company telephone number.
(6) Date the company was started.
(7) Number of employees at your location.
(8) Chief executive officer/key manager.
(9) Line of business (industry).
(10) Company headquarters name and address (reporting relationship within your entity).
(d) If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.
(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.
(f) Offerors may obtain information on registration at https://www.acquisition.gov.
(End of clause)
52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS--
REPRESENTATION (NOV 2015)
(a) Definitions. Inverted domestic corporation and subsidiary have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10).
(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.
(c) Representation. The Offeror represents that--
(1) It [ ___ ] is, [ ___ ] is not an inverted domestic corporation; and
(2) It [ ___ ] is, [ ___ ] is not a subsidiary of an inverted domestic corporation.
52.211-14 NOTICE OF PRIORITY RATING FOR NATIONAL DEFENSE, EMERGENCY PREPAREDNESS, AND ENERGY PROGRAM USE (APR 2008)
Any contract awarded as a result of this solicitation will be DX rated order X DO rated order certified for national defense, emergency preparedness, and energy program use under the Defense Priorities and Allocations System (DPAS) (15 CFR 700), and the Contractor will be required to follow all of the requirements of this regulation. [Contracting Officer check appropriate box.]
52.215-1 INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION (JAN 2004)
“Discussions” are negotiations that occur after establishment of the competitive range that may, at the Contracting Officer's discretion, result in the offeror being allowed to revise its proposal.
“In writing or written” means any worded or numbered expression which can be read, reproduced, and later communicated, and includes electronically transmitted and stored information.
“Proposal modification” is a change made to a proposal before the solicitation's closing date and time, or made in response to an amendment, or made to correct a mistake at any time before award.
“Proposal revision” is a change to a proposal made after the solicitation closing date, at the request of or as allowed by a Contracting Officer as the result of negotiations.
“Time”, if stated as a number of days, is calculated using calendar days, unless otherwise specified, and will include Saturdays, Sundays, and legal holidays. However, if the last day falls on a Saturday, Sunday, or legal holiday, then the period shall include the next working day.
(b) Amendments to solicitations. If this solicitation is amended, all terms and conditions that are not amended remain unchanged. Offerors shall acknowledge receipt of any amendment to this solicitation by the date and time specified in the amendment(s).
(c) Submission, modification, revision, and withdrawal of proposals. (1) Unless other methods (e.g., electronic commerce or facsimile) are permitted in the solicitation, proposals and modifications to proposals shall be submitted in paper media in sealed envelopes or packages (i) addressed to the office specified in the solicitation, and (ii) showing the time and date specified for receipt, the solicitation number, and the name and address of the offeror.
Offerors using commercial carriers should ensure that the proposal is marked on the outermost wrapper with the information in paragraphs (c)(1)(i) and (c)(1)(ii) of this provision.
(2) The first page of the proposal must show--
(i) The solicitation number;
(ii) The name, address, and telephone and facsimile numbers of the offeror (and electronic address if available);
(iii) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and agreement to furnish any or all items upon which prices are offered at the price set opposite each item;
(iv) Names, titles, and telephone and facsimile numbers (and electronic addresses if available) of persons authorized to negotiate on the offeror's behalf with the Government in connection with this solicitation; and
(v) Name, title, and signature of person authorized to sign the proposal. Proposals signed by an agent shall be accompanied by evidence of that agent's authority, unless that evidence has been previously furnished to the issuing office.
(3) Submission, modification, or revision, of proposals.
(i) Offerors are responsible for submitting proposals, and any modifications, or revisions, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that proposal or revision is due.
(ii)(A) Any proposal, modification, or revision received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--
(1) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of proposals; or
(2) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or
(3) It is the only proposal received.
(B) However, a late modification of an otherwise successful proposal that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.
(iii) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the proposal wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.
(iv) If an emergency or unanticipated event interrupts normal Government processes so that proposals cannot be received at the office designated for receipt of proposals by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation, the time specified for receipt of proposals will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.
(v) Proposals may be withdrawn by written notice received at any time before award. Oral proposals in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile proposals, proposals may be withdrawn via facsimile received at any time before award, subject to the conditions specified in the provision at 52.215-5, Facsimile Proposals. Proposals may be withdrawn in person by an offeror or an authorized representative, if the identity of the person requesting withdrawal is established and the person signs a receipt for the proposal before award.
(4) Unless otherwise specified in the solicitation, the offeror may propose to provide any item or combination of items.
(5) Offerors shall submit proposals in response to this solicitation in English, unless otherwise permitted by the solicitation, and in U.S. dollars, unless the provision at FAR 52.225-17, Evaluation of Foreign Currency Offers, is included in the solicitation.
(6) Offerors may submit modifications to their proposals at any time before the solicitation closing date and time, and may submit modifications in response to an amendment, or to correct a mistake at any time before award.
(7) Offerors may submit revised proposals only if requested or allowed by the Contracting Officer.
(8) Proposals may be withdrawn at any time before award. Withdrawals are effective upon receipt of notice by the Contracting Officer.
(d) Offer expiration date. Proposals in response to this solicitation will be valid for the number of days specified on the solicitation cover sheet (unless a different period is proposed by the offeror).
(e) Restriction on disclosure and use of data. Offerors that include in their proposals data that they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, shall--
(1) Mark the title page with the following legend: This proposal includes data that shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed--in whole or in part--for any purpose other than to evaluate this proposal. If, however, a contract is awarded to this offeror as a result of--or in connection with-- the submission of this data, the Government shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Government's right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contained in sheets [insert numbers or other identification of sheets]; and
(2) Mark each sheet of data it wishes to restrict with the following legend: Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.
(f) Contract award. (1) The Government intends to award a contract or contracts resulting from this solicitation to the responsible offeror(s) whose proposal(s) represents the best value after evaluation in accordance with the factors and subfactors in the solicitation.
(2) The Government may reject any or all proposals if such action is in the Government's interest.
(3) The Government may waive informalities and minor irregularities in proposals received.
(4) The Government intends to evaluate proposals and award a contract without discussions with offerors (except clarifications as described in FAR 15.306(a)). Therefore, the offeror's initial proposal should contain the offeror's best terms from a cost or price and technical standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.
(5) The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit cost or prices offered, unless the offeror specifies otherwise in the proposal.
(6) The Government reserves the right to make multiple awards if, after considering the additional administrative costs, it is in the Government's best interest to do so.
(7) Exchanges with offerors after receipt of a proposal do not constitute a rejection or counteroffer by the Government.
(8) The Government may determine that a proposal is unacceptable if the prices proposed are materially unbalanced between line items or subline items. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more contract line items is significantly overstated or understated as indicated by the application of cost or price analysis techniques. A proposal may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government.
(9) If a cost realism analysis is performed, cost realism may be considered by the source selection authority in evaluating performance or schedule risk.
(10) A written award or acceptance of proposal mailed or otherwise furnished to the successful offeror within the time specified in the proposal shall result in a binding contract without further action by either party.
(11) If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:
(i) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.
(ii) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.
(iii) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.
(iv) A summary of the rationale for award.
(v) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.
(vi) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.
52.216-1 TYPE OF CONTRACT (APR 1984)
The Government contemplates award of a FIRM FIXED PRICE 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).
52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS--SECONDARY SITE OF THE WORK (MAY
2014)
(a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements,of this solicitation.
(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.
(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.
(2) The due date for receipt of offers will not be extended as a result of an offeror's request for a wage determination for a secondary site of the work.
52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL
EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)
(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.
(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:
Goals for minority participation for each trade
Goals for female participation for each trade
8.7% Anchorage
15.1% Locations outside City of Anchorage)
6.9% Alaska
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 Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.
(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its 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 Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.
(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of 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 --
(1) Name, address, and telephone number of the subcontractor;
(2) Employer's identification number of the subcontractor;
(3) Estimated dollar amount of the subcontract;
(4) Estimated starting and completion dates of the subcontract; and
(5) Geographical area in which the subcontract is to be performed.
(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is EIELSON AIR
FORCE BASE, ALASKA
52.222-38 COMPLIANCE WITH VETERANS' EMPLOYMENT REPORTING REQUIREMENTS (FEB 2016)
By submission of its offer, the offeror represents that, if it is subject to the reporting requirements of 38 U.S.C.
4212(d) (i.e., if it has any contract containing Federal Acquisition Regulation clause 52.222-37, Employment Reports on Veterans), it has filed the most recent VETS-4212 Report required by that clause.
52.223-1 BIOBASED PRODUCT CERTIFICATION (MAY 2012)
As required by the Farm Security and Rural Investment Act of 2002 and the Energy Policy Act of 2005 (7 U.S.C.
8102(c)(3)), the offeror certifies, by signing this offer, that biobased products (within categories of products listed by the United States Department of Agriculture in 7 CFR part 3201, subpart B) to be used or delivered in the performance of the contract, other than biobased products that are not purchased by the offeror as a direct result of this contract, will comply with the applicable specifications or other contractual requirements.
52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT--CONSTRUCTION MATERIALS (MAY 2014)
(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American --Construction Materials” (Federal Acquisition Regulation (FAR) clause 52.225-9).
(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.
(c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.
(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an…
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