B.08.02-EIE439 Book 1-RTA -15 April 2025.pdf

US Army Corps of Engineers Alaska District

REQUEST FOR PROPOSAL

READY TO ADVERTISE

EIE439

FUELS MANAGEMENT AND

LABORATORY

EIELSON AFB, ALASKA

W911 KB25R0020

21 April 2025

Book 1

REQUEST FOR PROPOSAL

TABLE OF CONTENTS

DIVISION 00 – CONTRACTING REQUIREMENTS

00 11 01

SF 1442

PROPOSAL SCHEDULE

00 21 00 INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

00 22 11 PROPOSAL SUBMISSION REQUIREMENTS, EVALUATION CRITERIA

AND BASIS OF AWARD

00 45 00 REPRESENTATIONS AND CERTIFICATIONS

00 72 00 CONTRACT CLAUSES

00 73 00.00 29 SPECIAL CONTRACT REQUIREMENTS

00 73 46 WAGE RATES

GENERAL REQUIREMENTS AND TECHNICAL PROVISIONS

DIVISION 01 – GENERAL REQUIREMENTS

ATTACHMENT/S

EIE439

PROJECT TABLE OF CONTENTS Page 1

Fuels Management and Laboratory

RFP

PROJECT TITLE/ LOCATION: EIE439 FUELS MANAGEMENT AND LABORATORY FACILITY

NAICS: 236220 SIZE STANDARD $45M

8(a) Program Set-Aside Competitive - SBA Requirement Number XC17055273471. Best Value Source Selection, Trade-Off.

PROJECT DESCRIPTION The purpose of this project is to replace the existing Fuels Management and Laboratory Facility (B3242). Demolish the existing facility, B3242 (1,615 SF). Construct a new 4,014 SF facility, complete w ith laboratory, ready room for fuel operations, administrative offices, fuels control center, restrooms and locker rooms, conference/classroom, operations maintenance room, emergency eye w ash & show er, and bulk storage room. Construction of the building shall consist of steel frame w ith split-face masonry exterior w alls and a pitched metal roof.

Any Contract aw arded as a result of this solicitation w ill be C2 DO rated order certif ied for national defense, embergency preparedness, and energy program use under the Defense Priorities and Allocations System (DPAS) (15 CFR 700), and the Contractor w ill be required to follow all the requirements of this regulation.

RAVEN S DONELSON 9077532739

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

21-Apr-2025

(RFP)

(IFB)

X

CALL:

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______10 calendar days and complete it w ithin ________730 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________52.211-10

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

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

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________22 May 2025 (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 of fers 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 _______60 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)

2204 TALLEY AVENUE

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.

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

FAX:TEL: TEL: FAX:

W911KB25R0020 207

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

Army Contract Writing System (ACWS) Transition Information for Offerors

Army Contract Writing System (ACWS) Transition Information for Offerors

a. The Department of the Army is in the process of deploying a new contract writing software application to Army contracting offices worldwide. Known as the Army Contract Writing System (ACWS), this modern software application will replace legacy Army contract writing systems.

b. During this transition period, Offerors are hereby advised:

1. The Contracting Office may use any combination of contract writing systems to create and release documents related to this solicitation (i.e., solicitation amendments and awards, if any).

As a result:

i. Solicitation may contain different offer submission instructions than other solicitations released by the same Contracting Office (i.e., requiring offer submission via the Procurement Integrated Enterprise Environment (PIEE) Solicitation Module versus e-mail). Offerors should review all offer submission instructions contained in the solicitation documents and direct any questions or concerns to the designated point of contact contained in the solicitation.

ii. If ACWS is deployed prior to contract award, documents received from the Contracting

Officer or view on the System for Award Management (SAM.gov) or other forums may appear noticeably different than the initial solicitation or previous solicitations or awards from the same Contracting Office. This is normal and expected.

iii. A change between contract writing systems may cause important information concerning solicitation response (amendments) or accepted terms (awards) to take on different formatting or appear in different parts of later documents issued. Offerors shall review all documents carefully to locate this important information and direct any questions or concerns to the designated point of contact contained in the solicitation.

2. The Government does not intend to use the transition between contract writing systems to effect any changes to solicitation or award terms and conditions without accompanying document narratives explicitly stating such changes are deliberate and desired. While the Contract Specialist and Contracting Officer will take care to minimize or eliminate any inadvertent changes when adapting to the new contract writing software, the Offeror, may be the first to identify such errors. Therefore, Offerors shall:

i. Notify the designated point of contact contained in the solicitation immediately if any observed changes, removals, or additions that would affect award eligibility, violate, or alter existing quote/ proposal terms, or could affect Contract performance post-award.

ii. Take special care to ensure all fill-in Clauses are populated and remain populated across documents received from the Contracting Office throughout the solicitation and award process.

iii. Notify the designated point of contact contained in the solicitation for guidance if any inadvertent change is noticed or suspected between document issuances.

3. In the unlikely event that a network disruption, contract writing system error, or financial system error threatens timely award of the requirement set forth in this solicitation, the Contracting Officer:

i. May elect to use alternative mechanisms to obligate funds and allow work or deliveries to legally begin to the benefit of, and with legal protection for, both parties.

ii. Will incorporate the latest version of this Solicitation into such mechanisms to serve as a framework for contract execution until any such system problems are resolved.

iii. Will ensure any action taken does not conflict with the stated offer evaluation and award methodology of this requirement.

iv. Will issue a complete, properly formatted award that accurately reflects this requirement and all applicable terms and conditions once systems return to normal.

4. After contract award, the Contracting Officer will correct problems affecting award documents

(if any) via bilateral modification, at no cost to the Contractor. Any such modification will reconcile the award with the latest version of this solicitation reflecting deliberate action by the Contracting Officer (i.e., the first issuance if no amendments, or the latest amendment with accompanying narratives), inclusive of any documented pre-award negotiations or accepted supplemental offer terms.

PS-1

W911KB25R0020

PROPOSAL SCHEDULE

FUELS MANAGEMENT AND LABORATORY FACILITY

EIELSON AFB, ALASKA

BASE ITEMS

Item No.

Description Quantity Unit Unit Price Amount

0001 Construct Consolidated Lab Ops within the building 5 foot lines, Complete

Job

0002 Construct Consolidated Lab Ops Site Improvement beyond the building 5 foot lines, Complete

Job

0003 Demolition of Existing Fuel Lab, Complete

1 Job $ ______ $ ______

Total of Base Items 0001 thru 0003 $

OPTION ITEMS

Item No.

Description Quantity Unit Unit Price Amount

0004 Disposal of POL Contaminated Soil, estimated quantities*

CY

0005 Disposal of PFAS Contaminated Soil, estimated quantities*

CY

Total of Option Items 0004 thru 0005 $

CLINs 0004 and 0005, are estimated quantities. Equitable adjustments will be made in accordance with FAR CLAUSE 52.211-18, VARIATION IN ESTIMATED QUANTITY.

* Work on CLINs 0004 and 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 CLINs 0004 and 0005, the Contractor shall keep a record of the amount of contaminated soil being excavated and disposed of.

$ Total of Base and Option Items 0001 thru 0005

PS-2

*CLIN 0004 and 0005 may be exercised up to 500 calendar days after NTP. Exercising either or both options will not increase the contract completion date.

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 W911KB25R0020

EIE439

Section 00 21 00 Page 1

SECTION 00 21 00

INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

1.0

1.1

1.2

1.3

1.4

1.5

1.6

1.7

1.8

1.9

1.10

1.11

1.12

1.13

1.14

1.15

1.16

GENERAL INFORMATION

GENERAL DESCRIPTION OF WORK

CONTRACT COST MAGNITUDE FOR CONSTRUCTION COSTS

BOND AMOUNT REQUIRED

PRE-AWARD SURVEYS

GOVERNMENT SECURITY REQUIREMENTS

COPIES OF SOLICITATION DOCUMENTS AND AMENDMENTS

OFFEROR'S QUESTIONS AND COMMENTS

SMALL BUSINESS SIZE STANDARD/NAICS CODE

PROPOSAL EXPENSES AND PRE-CONTRACT COSTS

SITE VISIT / PRE-PROPOSAL CONFERENCE

ACCURACY IN PROPOSALS

PROPOSAL SUBMITTALS

PROPOSAL FORMAT

JOINT VENTURE PROPOSAL REQUIREMENTS

BUY AMERICAN ACT FOR MATERIALS

SOLICITATION PROVISIONS

Section 00 21 00 Page 2

1.0 GENERAL INFORMATION

1.1. GENERAL DESCRIPTION OF WORK

General Description of Work: he purpose of this project is to replace the existing Fuels Management and

Laboratory Facility (B3242). Demolish the existing facility, B3242 (1,615 SF). Construct a new 4,014 SF facility, complete with laboratory, ready room for fuel operations, administrative offices, fuels control center, restrooms and locker rooms, conference/classroom, operations maintenance room, emergency eye wash & shower, and bulk storage room. Construction of the building shall consist of steel frame with split-face masonry exterior walls and a pitched metal roof. The foundation shall meet relevant arctic and seismic requirements, and all necessary site and utilities work is included. It shall include arctic design components including additional thickness in exterior walls, arctic vestibules, and covered entrances.

1.2. CONTRACT COST MAGNITUDE FOR CONSTRUCTION COSTS

The construction costs will be subject to the funds available for this project. The contract cost magnitude for contract award ranges between $10,000,000.00 to $25,000,000.00. Offerors are notified that they are under no obligation to approach the upper range of this magnitude, however the Government may not be able make an award if the cost magnitude 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 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. 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.

Section 00 21 00 Page 3

1.6. 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 PIEE Solicitation Module website at:

https://piee.eb.mil/sol/xhtml/unauth/index.xhtml via Solicitation Number Search. W911KB25R0020.

It shall be the contractor’s responsibility to check the website 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 potential subcontractors) are available on the PIEE Solicitation Module SAM website website (registration required) at: https://piee.eb.mil/sol/xhtml/unauth/index.xhtml and https://sam.gov/content/opportunities via Search W911KB25R0020.

1.7. 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 ten (10) calendar days prior to the proposal due date.

a) Bidder Inquiry

b) 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.

c) 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.

d) 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.

e) 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.

f) The Solicitation Number is: W911KB25R0020

g) The Bidder Inquiry Key is: XUJ4JX-2CVI84

h) The Bidder Inquiry System will be unavailable for new inquires 10 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.

i) 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.

j) 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.

Section 00 21 00 Page 4

k) Offers will NOT be publicly opened. Information concerning the status of the evaluation and/or award will NOT be available after receipt of proposals.

1.8. SMALL BUSINESS SIZE STANDARD/NAICS CODE

See Standard Form 1442, block 10 for the small business size standard/NAICS code.

1.9. 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.

1.10. SITE VISIT / PRE-PROPOSAL CONFERENCE

Reference FAR Clause 52.236-27 for site visit information.

1.11. 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.

1.12. PROPOSAL SUBMITTALS

Oferors must submit proposals electronically via the PIEE Solicitation Module website at:

https://piee.eb.mil/sol/xhtml/unauth/index.xhtml. Search via Solicitation Number Search W911KB25R0020.

OFFERORS MUST SUBMIT 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. FOLLOW THE PROPOSAL

FORMAT OUTLINED IN PARAGRAPH 1.13.

NOTE: Electronic proposal submissions will only be accepted via the PIEE Solicitation Module website at:

https://piee.eb.mil/sol/xhtml/unauth/index.xhtml. Search via Solicitation Number Search W911KB25R0020 . IN

ORDER TO SUBMIT A PROPOSAL, VENDORS MUST REGISTER IN THE PIEE SYSTEM AND MUST

HAVE A PROPOSAL MANAGER ROLE ESTABLISHED. ADDITIONAL INFORMATION REGARDING

PROPOSAL MANAGER, PROPOSAL MANAGER FUNCTIONS AND POSTING OFFERS CAN BE FOUD

AT https//pieetraining.eb.mil/wbt/xhtml/wbt/sol/solicitation/proposals.xhtml

1.13. PROPOSAL FORMAT

ELECTRONIC FORMAT

(a) Written materials: 8 ½” x 11” format, using 10 point or larger font size. Each 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

Section 00 21 00 Page 5 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). Page numbering shall re-start with each

Tab. One (1) page is defined as the front of one (1) sheet; the front and back of one (1) sheet will be counted as two (2) pages. The Government will not evaluate any material exceeding the page limitations stated in the RFP.

(b) Drawing sheets: Use 11” x 17” for half size drawings.

(c) Electronic Format: Provide proposal 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: Volume 1 and Volume 2 must be submitted as two separate documents via PIEE

Solicitation Module as described in paragraph 1.12 unless size prohibits such.

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.

1.14. 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.

Section 00 21 00 Page 6

1.15 BUY AMERICAN ACT FOR CONSTRUCTION MATERIALS

Your attention is invited to FAR Clause 52.225-12 Notice of Buy American Act Requirement-Construction

Materials under Trade Agreements. 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 52.225-11 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.

1.16. SOLICITATION PROVISIONS

52.204-7 52.204-16 52.204-22 52.211-14

52.215-1 52.216-1 52.217-5 52.222-5

52.225-12 Alt II 52.233-2 52.236-27 Alt I 52.252-1 52.252-2 52.252-3 252.204-7019 252.215-7008 252.215-7010

252.236-7008

System for Award Management Commercial and Government Entity Code Reporting Alternative Line-Item Proposal Notice Of Priority Rating for National Defense, Emergency Preparedness, and Energy Program Use Instructions to Offerors—Competitive Acquisition Type Of Contract Evaluation of Options Construction Wage Rate Requirements--Secondary Site of the Work

Notice of Buy American Act Requirement – Construction Materials Under Trade Agreements Service Of Protest Site Visit (Construction) (Feb 1995) - Alternate I Solicitation Provisions Incorporated by Reference Clauses Incorporated by Reference Alterations in Solicitation Notice of NIST SP 800-171 DOD Assessment Requirements Only One Offer Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data Contract Prices – Bidding Schedules

PROVISIONS INCORPORATED BY FULL TEXT

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

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

Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

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

(1) The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14) into SAM;

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

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to 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.

Section 00 21 00 Page 7

Section 00 21 00 Page 8

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

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

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

(1) Company legal business name.

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

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

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

(5) Company telephone number.

(6) Date the company was started.

(7) Number of employees at your location.

(8) Chief executive officer/key manager.

(9) Line of business (industry).

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

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

(End of Provision)

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (AUG 2020)

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

Commercial and Government Entity (CAGE) code means—

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

(b) The Offeror shall provide its CAGE code with its offer with its name and location address or otherwise include it prominently in its proposal. The CAGE code must be for that name and location address. Insert the word "CAGE"

Section 00 21 00 Page 9 before the number. The CAGE code is required prior to award.

(c) CAGE codes may be obtained via--

(1) Registration in the System for Award Management (SAM) at www.sam.gov. If the Offeror is located in the United States or its outlying areas and does not already have a CAGE code assigned, the DLA Commercial and Government Entity (CAGE) Branch will assign a CAGE code as a part of the SAM registration process. SAM registrants located outside the United States and its outlying areas shall obtain a NCAGE code prior to registration in SAM (see paragraph (c)(3) of this provision).

(2) The DLA Commercial and Government Entity (CAGE) Branch. If registration in SAM is not required for the subject procurement, and the Offeror does not otherwise register in SAM, an Offeror located in the United States or its outlying areas may request that a CAGE code be assigned by submitting a request at https://cage.dla.mil.

(3) The appropriate country codification bureau. Entities located outside the United States and its outlying areas may obtain an NCAGE code by contacting the Codification Bureau in the foreign entity's country if that country is a member of NATO or a sponsored nation. NCAGE codes may be obtained from the NSPA at https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx if the foreign entity's country is not a member of NATO or a sponsored nation. Points of contact for codification bureaus, as well as additional information on obtaining NCAGE codes, are available at http://www.nato.int/structur/AC/135/main/links/contacts.htm.

(d) Additional guidance for establishing and maintaining CAGE codes is available at https://cage.dla.mil.

(e) When a CAGE code is required for the immediate owner and/or the highest-level owner by Federal Acquisition Regulation (FAR) 52.204-17 or 52.212-3(p), the Offeror shall obtain the respective CAGE code from that entity to supply the CAGE code to the Government.

(f) Do not delay submission of the offer pending receipt of a CAGE code.

(g) If the solicitation includes FAR clause 52.204-2, Security Requirements, a subcontractor requiring access to classified information under a contract shall be identified with a CAGE code on the DD Form 254. The Contractor shall require a subcontractor requiring access to classified information to provide its CAGE code with its name and location address or otherwise include it prominently in the proposal. Each location of subcontractor performance listed on the DD Form 254 is required to reflect a corresponding unique CAGE code for each listed location unless the work is being performed at a Government facility, in which case the agency location code shall be used. The CAGE code must be for that name and location address. Insert the word "CAGE" before the number. The CAGE code is required prior to award.

(End of Provision)

52.204-22 ALTERNATIVE LINE ITEM PROPOSAL (JAN 2017)

(a) The Government recognizes that the line items established in this solicitation may not conform to the Offeror's practices. Failure to correct these issues can result in difficulties in acceptance of deliverables and processing payments. Therefore, the Offeror is invited to propose alternative line items for which bids, proposals, or quotes are requested in this solicitation to ensure that the resulting contract is economically and administratively advantageous to the Government and the Offeror.

(b) The Offeror may submit one or more additional proposals with alternative line items, provided that alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation. However, acceptance of an alternative proposal is a unilateral decision made solely at the discretion of the Government. Offers that do not comply with the line items specified in this solicitation may be determined to be nonresponsive or unacceptable.

(End of provision)

52.211-14 NOTICE OF PRIORITY RATING FOR NATIONAL DEFENSE, EMERGENCY PREPAREDNESS, Section 00 21 00 Page 10

AND ENERGY PROGRAM USE (APR 2008)

Any contract awarded as a result of this solicitation will be DX rated order; C2 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.]

(End of provision)

52.215-1 INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION (NOV 2021)

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

“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 that 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, revision, and withdrawal of proposals.

Section 00 21 00 Page 11

(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--

Section 00 21 00 Page 12

(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 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.

Section 00 21 00 Page 13

(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 products, the make and model of the product 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.

(End of provision)

52.216-1 TYPE OF CONTRACT (APR 1984)

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

(End of provision)

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).

(End of provision)

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.

Section 00 21 00 Page 14

52.225-12 NOTICE OF BUY AMERICAN ACT REQUIREMENT-- CONSTRUCTION MATERIALS UNDER

TRADE AGREEMENTS (MAY 2014) ALTERNATE II (JUN 2009)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “designated country 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 Act-- Construction Materials Under Trade Agreements” (Federal Acquisition Regulation (FAR) clause 52.225-11).

(b) Requests for determination 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 FAR clause 52.225-11 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

Section 00 21 00 Page 15 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 Act, based on claimed unreasonable cost of domestic construction materials, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(4)(i) of FAR clause 52.225-11.

(2) If evaluation results in a tie between an…