B08_W911RP-19-R-0004.pdf
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Natural Gas Service Line Replacement
The U.S. Army Contracting Command - Rock Island (ACC-RI) requests a bid to replace the Natural Gas Service Line at Pine Bluff Arsenal in Pine Bluff, Arkansas. All w ork is to be done in accordance w ith (IAW) Attachment 0001 - Scope of Work (SOW). This Invitation for Bid (IFB) is issued using the Tw o-Step Sealed Bidding Method.
This Invitation for Bid is issued as a 100% 8(a) Set Aside.
In accordance w ith FAR 36.204 - Disclosure of Magnitude of Construction Projects, the magnitude for this project is betw een $5,000,000 and $10,000,000.
A pre-construction site visit is scheduled for 9:00 AM CST on 19 June 2019. All interested contractors are encouraged to attend the site visit.
See SITE VISIT INFORMATION for more information. Questions shall then be submitted in w riting prior to COB 24 June 2019.
Technical Proposals (Step-One) are due 12:00 PM CST on 3 July 2019, and may be submitted mailed or emailed to the Contract Specialist. Only bidders that receive an ACCEPTABLE rating on its Technical Proposal are eligible to submit a bid. Bidders shall receive their rating w ithin 5 business days of the submittal due date of Step-One proposal. Bids (Step-Tw o) from eligible bidders are due 12:00 PM CST on 19 July 2019.
The Bid Opening w ill
NICHOLAS J. BROWN 309-782-7252
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
06-Jun-2019
(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 _______14 calendar days and complete it w ithin ________365 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________
12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?
(If "YES," indicate within how many calendar days after award in Item 12B.)
X YES NO
13. ADDITIONAL SOLICITATION REQUIREMENTS:
A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specified in Item 8 by ___________ local time ______________19 Jul 2019 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.
shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.
B. An offer guarantee X is, is not required.
C. All offers are subject to the (1) w ork requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.
D. Offers providing less than _______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
ARMY CONTRACTING COMMAND - ROCK ISLAND
ACC-RI
3055 RODMAN AVENUE
ROCK ISLAND IL 61299-8000
W52P1J
PAGE OF PAGES
1 OF
CODE
(Title, identifying no., date):
12B. CALENDAR DAYS
12:00 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:
W911RP19R0004 43
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
W911RP19R0004
Section 00010 - Solicitation Contract Form
EXECUTIVE SUMMARY
1. The U.S. Army Contracting Command – Rock Island (ACC-RI) issues Invitation for Bid (IFB) W911RP-19-R- 0004 for the replacement of the Natural Gas Line located at Pine Bluff Arsenal in Pine Bluff, Arkansas. All Work is in accordance with Attachment 0001 – Scope of Work (SOW) dated 29 May 2019.
2. This IFB is issued as a 100% 8(a) Set Aside. It is anticipated that a single Firm Fixed Price (FFP) type contract will be awarded to the responsive, responsible bidder whose bid represents the lowest priced bid. This IFB is issued using the Two-Step Sealed Bidding Method. See Section 00100 Instructions to Offerors for Technical Requirements and Evaluation Criteria for Step-One.
3. A pre-construction site visit is scheduled for 9:00 AM CST on 19 June 2019. All interested contractors are encouraged to attend the site visit. See SITE VISIT INFORMATION for more information. Contractor questions regarding solicitation and work solicited in the SOW are due to the solicitation POC no later than COB 24 June 2019 in order to assure that all Contractor questions can be answered and posted for all Contractors knowledge prior to the closing of Step-One, Technical Proposal.
4. Technical proposals (Step-One) shall not include prices or pricing information. Technical proposals are due by 12:00 PM CST on 3 July 2019, and may mailed to the following:
Nick Brown, Contract Specialist U.S. Army Contracting Command, CCRC-AE 60/3/NW 3055 Rodman Ave Rock Island, IL 61299-8000
Or email to: nicholas.j.brown91.civ@mail.mil. Only one technical proposal may be submitted by each bidder.
5. Only bids based upon technical proposals (Step-One) determined to be acceptable, either initially or as a result of discussions, will be considered further for award into Step-Two. Each bid in the second step must be based on the bidder’s own technical proposal. Bidders shall submit proposals that are acceptable without additional explanation or information. The Government may make a final determination regarding a technical proposal’s acceptability solely on the basis of the proposal as submitted. The Government may proceed with Step-Two without requesting further information from any bidder; however, the Government may request additional information from bidders of proposals that it considers reasonably susceptible of being made acceptable, and may discuss proposals with the prospective bidders.
6. A notice of unacceptability will be forwarded to the Offeror upon completion of the technical proposal evaluation (Step-One) and final determination of unacceptability.
7. Bidders are cautioned to ensure their Step-Two proposals are fully complete, including all fill-ins. Any bidder submitting a proposal agrees by submission that their bid and the prices contained therein will be valid for 60 days after receipt of proposals.
8. Bids from eligible bidders are due 12:00 PM CST on 19 July 2019 (Step-Two). Contractor bid submission shall be mailed sealed to:
Nick Brown, Contract Specialist U.S. Army Contracting Command, CCRC-AE 60/3/NW 3055 Rodman Ave Rock Island, IL 61299-8000
The Bid Opening will take place at 9:00 AM CST on 24 July 2019. See Bid Opening for more details
9. The prevailing Davis-Bacon Act for wage determination will be incorporated into the resultant contract and will be in effect for the entire performance period of the resultant contract. The most recent wage determination can be found online at https://www.wdol.gov/dba.aspx or see Attachment 0002 – Davis Bacon Wage Determination. If the wage determination is revised during the period of performance, it shall be provided to the contractor through modification to the resultant contract.
10. This executive summary is provided as an administrative convenience and is not intended to alter the terms and conditions of the IFB in any way. Any inconsistencies between this executive summary and other IFB provisions shall be resolved in favor of the other IFB provisions.
11. The POC for this IFB is Nick Brown, at nicholas.j.brown91.civ@mail.mil.
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 1 Job Natural Gas Service Line Replacement
FFP
Replace the Natural Gas Service Line at Pine Bluff Arsenal, in accordance with Attachment 0001 - Scope of Work dated 29 May 2019 FOB: Destination
NET AMT
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 Destination Government Destination Government
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 365 dys. ANP 1 W911RP(CONSTRUCTION)
NOT APPLICABLE
10-020 KABRICH CIRCLE
PINE BLUFF AR 71602-9500
FOB: Destination
W911RP
Section 00100 - Bidding Schedule/Instructions to Bidders
INSTRUCTIONS AND EVALUATION
INSTRUCTIONS TO BIDDERS (Step-One, due 12:00PM CST on 3 July 2019)
1. General Instructions: These instructions are a guide for preparing your proposal. These instructions generally describe the type and extent of information you should provide and address in your technical proposal (Step-One).
You should include in the technical proposal sufficient information to enable the evaluators to determine your understanding of the requirements in each of the evaluated factors. It is the Government's intent to award a single Firm Fixed Price (FFP) contract. A Two-Step Sealed Bid Method in accordance with FAR 14.503 is being utilized to select the successful bidder and no trade-offs will be made. The Government intends to evaluate technical proposals (Step-One) without discussions with Bidders. Therefore, the bidder’s initial response (Step-One) should contain the bidders best terms. However; the Government reserves the right to conduct discussions if determined necessary by the Contracting Officer.
2. Technical Proposal Submission and Format (Step-One): The bidder’s technical proposal shall be prepared and authorized by a person regularly employed by the bidder. The proposal should state the name of each person contributing to the authorship of the proposal, the person’s position title, phone number, and email address of the person who should be contacted should a contract be awarded. The proposal should be prepared in a clear, legible, practical manner. In addition, the proposal shall be written in English and should be specific and complete as described in these instructions. Pricing SHALL NOT be included in the technical proposal. If a bidder includes pricing in the technical proposal the bid will be determined non-responsive, will not move into Step-Two, and it will not be considered for award. Bidders must submit their technical proposals prior to the closing date and time listed in the solicitation. Technical Proposals may be submitted to the Contract Specialist via email or mail at the following addresses:
Contract Specialist: Nicholas Brown Email: nicholas.j.brown91.civ@mail.mil Or U.S. Army Contracting Command, CCRC-AE 60/3/NW 3055 Rodman Ave Rock Island, IL 61299-8000
Other formats such as (but not limited to) third party cloud file services, hard copies, CDs, and Drop Box) will not be acceptable.
3. The maximum page limit for the technical proposal is limited to 50 pages. The U.S. Government defines a page as a single sided, 8 ½” x 11” sheet, single line spacing, with no less than 12-point font, and page margins of 1” on top, bottom, and both sides of each page. The U.S. Government will count pages in the technical proposal and remove any pages from this technical proposal exceeding the maximum 50 page limit. The U.S. Government will not consider any pages in the technical proposal over the 50-page maximum total in the evaluation. The USG will not consider the cover, title page, tables of contents, acronym lists, or the Project Plan (see below, Factor 2) in the technical proposal against the maximum 50 page limit. The technical proposal shall contain page numbers.
Failure to provide a complete technical proposal package (Step-One) will result in the proposal being determined non-responsive and it will no longer be considered.
The technical proposal shall be submitted in accordance with the following instructions and requirements pertaining to each of the three technical factors, Experience, Project Plan, and Warranty:
Factor 1: Experience:
The bidder shall provide no less than three (3) contract references for recent and relevant work it has performed either as a Prime Contractor or a Subcontractor.
“Recent” is defined as a measure of time that has elapsed since the contract reference occurred and is generally expressed as a time period during which contract reference is considered relevant; for the purpose of this IFB, “recent” is any contract under which any relevant performance, delivery, or corrective action has occurred within the three (3) years preceding this IFB closing date, regardless of the original award date.
“Relevant” is defined as a contract for the installation of a natural gas distribution line with work requirements that are of a similar scope as the work stated in Attachment 0001 – Scope of Work. Relevant contracts can include work done for the Government (Federal, State, or Local) or the Commercial Industry.
For each reference, the contractor shall identify the contract number, customer/company name, the reference POC’s name, phone number, and email address.
Factor 2: Project Plan:
Each bidder shall provide a Project Plan with a 365 day schedule of progression. The bidder shall provide a written plan to provide evidence that the proposed schedule will meet the performance characteristics required in period of performance of 365 days. As part of the project plan, the bidder shall also identify key personnel it considers necessary for the successful performance of the contract, which shall include at a minimum the Site Supervisor or equivalent. The bidder shall identify all submission requirements under Attachment 0003 – DD Form 1423 Contract Data Requirements Lists (CDRLs). The maximum page limit for the Project Plan is limited to 50 pages. The U.S.
Government defines a page as a single sided, 8 ½” x 11” sheet, single line spacing, with no less than 12-point font, and page margins of 1” on top, bottom, and both sides of each page. The U.S. Government will count pages in the Project Plan and remove any pages from this Project Plan exceeding the maximum 50 page limit. The U.S.
Government will not consider any pages in the Project Plan over the 50-page maximum total in the evaluation. The USG will not consider the cover, title page, tables of contents, and acronym lists in the Project Plan against the maximum 50 page limit. The Project Plan shall contain page numbers.
Factor 3: Warranty:
The proposal must include a minimum one year parts and labor warranty which shall begin upon final acceptance.
The warranty must be clearly articulated in the proposal. The proposal cannot indicate an exception to this requirement.
INSTRUCTIONS TO BIDDERS (Step-Two, due 12:00PM CST on 19 July 2019)
1. Only bids based upon technical proposals (Step-One) determined to be acceptable, either initially or as a result of discussions, will be considered further for award into Step-Two. Each bid in the second step must be based on the bidder’s own technical proposal. Bidders shall submit proposals that are acceptable without additional explanation or information. The Government may make a final determination regarding a technical proposal’s acceptability solely on the basis of the proposal as submitted. The Government may proceed with Step-Two without requesting further information from any bidder; however, the Government may request additional information from bidders of proposals that it considers reasonably susceptible of being made acceptable, and may discuss proposals with the prospective bidders.
2. Bidders are cautioned to ensure their Step-Two proposals are fully complete, including all fill-ins. Any bidder submitting a proposal agrees by submission that their bid and the prices contained therein will be valid for 60 days after receipt of proposals.
3. Bids from eligible bidders are due 12:00 PM CST on 19 July 2019 (Step-Two). Contractor bid submission shall be mailed sealed to:
Nick Brown, Contract Specialist U.S. Army Contracting Command, CCRC-AE 60/3/NW 3055 Rodman Ave
Rock Island, IL 61299-8000
EVALUATION CRITERIA
1. Basis for Contract Award: The Government plans to award a single Firm Fixed Price (FFP) purchase order utilizing the TWO-STEP Sealed Bid Method in accordance with FAR 14.503. The Technical evaluation (Step-One) will be on an ACCEPTABLE/UNACCEPTABLE basis. Offerors must receive an ACCEPTABLE rating for each of the three technical factors to receive an overall ACCEPTABLE rating for Technical (Step-One). An offeror that receives an UNACCEPTABLE rating in any of the technical factors will not be eligible to submit a bid under Step- Two.
2. The Government intends to evaluate technical proposals and award a contract without discussions with contractors. Therefore, the bidder’s technical proposal (Step-One) should contain their best terms for technical.
However; the Government reserves the right to conduct discussions if determined necessary by the Contracting Officer.
3. Technical Evaluation Factors (Step-One):
Factor 1: Experience:
The Government will evaluate the Offeror’s recent and relevant references to determine if the Offeror has the experience necessary to successfully execute the requirements.
ACCEPTABLE: A proposal that includes the following:
A minimum of 3 contracts determined to be both recent and relevant, and at least two deliveries/installations are confirmed. In order to be acceptable, the proposal must include all of the information required by the Instruction section.
UNACCEPTABLE: A proposal that does not include the following:
A minimum of 3 contracts determined to be both recent and relevant are not provided and/or at least two deliveries/installations are not confirmed. The proposal does not include all of the information required by the Instruction section.
Factor 2: Project Plan:
The Government will evaluate the Offeror’s Project Plan in accordance with the following definitions:
ACCEPTABLE: The bidder provides a Project Plan that includes a 365 day project schedule and sufficiently demonstrates that the proposed schedule is feasible and will result in successful completion of the project by day
365. The bidder identifies key personnel it considers necessary for the successful performance of the contract, which shall include at a minimum the Site Supervisor or equivalent. The bidder identifies all submission requirements under Attachment 0003 – DD Form 1423 CDRLs. In order to be acceptable, the Project plan must meet all requirements in the Instruction section.
UNACCEPTABLE: The bidder's proposal does not provide a Project Plan that includes a 365 day project schedule and does not sufficiently demonstrate that the proposed schedule is feasible and will result in successful completion of the project by day 365. The bidder does not identify key personnel it considers necessary for the successful performance of the contract, which shall include at a minimum the Site Supervisor or equivalent. The bidder does not identify all submission requirements under Attachment 0003 – DD Form 1423 CDRLs. The Project plan does not meet all requirements in the Instruction section.
Factor 3: Warranty:
The Government will evaluate the Offeror’s proposal in accordance with the following definitions:
ACCEPTABLE: The bidder includes a minimum warranty of one year for parts and labor and will begin upon completion of the work and final acceptance by the U.S. Government.
UNACCEPTABLE: The proposal does not include warranty information, or the proposal does not include a minimum warranty of one year for parts and labor beginning upon completion of the work and final acceptance by the U.S. Government, or the proposal provides the required warranty but provides information elsewhere in the proposal that calls into question whether the offeror has taken an exception to this term and condition.
All bidders receiving an ACCEPTABLE rating for all Technical Factors will receive an overall ACCEPTABLE rating for Technical (Step-One) and will be eligible to submit a bid for Step-Two. Bidders that do not receive an ACCEPTABLE rating for all Technical Factors will receive an UNACCEPTABLE rating for Technical and will not be eligible to submit a bid or considered further for award under Step-Two. Ratings shall be given within 5 business days of the submittal due date of the technical proposals (3 July 2019).
Step-Two – Price Proposal:
Once a bidder has been notified of an acceptable technical proposal under Step-One, the bidder shall prepare and submit their Step-Two, sealed bid to the Government by 12:00 PM CST, on 19 July 2019. Bid shall include a bid guarantee in accordance with FAR 52.228-1.
All sealed bids shall be mailed to the following location:
Nick Brown, Contract Specialist U.S. Army Contracting Command, CCRC-AE 60/3/NW 3055 Rodman Ave Rock Island, IL 61299-8000
Award will be made to that responsible bidder whose bid, conforming to the invitation, will be most advantageous to the Government, considering only price and the price-related factors included in the invitation. A determination of price reasonableness will be made prior to award.
CLAUSES INCORPORATED BY REFERENCE
52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.214-3 Amendments To Invitations For Bids DEC 2016 52.214-4 False Statements In Bids APR 1984 52.214-5 Submission Of Bids DEC 2016 52.214-6 Explanation To Prospective Bidders APR 1984 52.214-7 Late Submissions, Modifications, and Withdrawals of Bids NOV 1999 52.214-18 Preparation of Bids-Construction APR 1984 52.214-19 Contract Award-Sealed Bidding-Construction AUG 1996 52.214-23 Late Submission, Modifications, And Withdrawals Of
Technical Proposals Under Two-Step Sealed Bidding
NOV 1999
52.214-34 Submission Of Offers In The English Language APR 1991 52.214-35 Submission Of Offers In U.S. Currency APR 1991 52.222-5 Construction Wage Rate Requirements--Secondary Site of the
Work
MAY 2014
252.215-7008 Only One Offer OCT 2013
CLAUSES INCORPORATED BY FULL TEXT
52.214-25 STEP TWO OF TWO-STEP SEALED BIDDING (APR 1985)
(a) This invitation for bids is issued to initiate step two of two-step sealed bidding under Subpart 14.5 of the Federal Acquisition Regulation.
(b) The only bids that the Contracting Officer may consider for award of a contract are those received from bidders that have submitted acceptable technical proposals in step one of this acquisition under Solicitation W911RP-19-R- 0004.
(c) Any bidder that has submitted multiple technical proposals in step one of this acquisition may submit a separate bid on each technical proposal that was determined to be acceptable to the Government.
(End of clause)
52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995)
(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.
(b) Site visits may be arranged during normal duty hours by contacting:
The only site visit allowed is addressed in the Executive Summary. See Executive Summary for further Site Visit Details.
(End of provision)
Section 00600 - Representations & Certifications
52.203-11 Certification And Disclosure Regarding Payments To
Influence Certain Federal Transactions
SEP 2007
52.209-7 Information Regarding Responsibility Matters OCT 2018 52.219-2 Equal Low Bids OCT 1995
52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (OCT 2018)
(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 237120.
(2) The small business size standard is $36,500,000.
(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.
(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.
(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:
( ) Paragraph (d) applies.
( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.
(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:
(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—
(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;
(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or
(C) The solicitation is for utility services for which rates are set by law or regulation.
(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.
(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation. This provision applies to all solicitations.
(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.
(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—
(A) Are not set aside for small business concerns;
(B) Exceed the simplified acquisition threshold; and
(C) Are for contracts that will be performed in the United States or its outlying areas.
(vi) 52.209-2; Prohibition on Contracting with Inverted Domestic Corporations--Representation.
(vii) 52.209-5; Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.
(viii) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.
(ix) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.
(x) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.
(xi) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.
(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.
(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.
(xii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.
(xiii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.
(xiv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.
(xv) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.
(xvi) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.
(xvii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.
(xviii) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.)
(xix) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.
(xx) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3.
(A) If the acquisition value is less than $25,000, the basic provision applies.
(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.
(C) If the acquisition value is $50,000 or more but is less than $80,317, the provision with its Alternate II applies.
(D) If the acquisition value is $80,317 or more but is less than $100,000, the provision with its Alternate III applies.
(xxi) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225- 5.
(xxii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.
(xxiii) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.
(xxiv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.
(2) The following representations or certifications are applicable as indicated by the Contracting Officer:
[Contracting Officer check as appropriate.]
(i) 52.204-17, Ownership or Control of Offeror.
(ii) 52.204-20, Predecessor of Offeror.
(iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.
(iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.
(v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.
(vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA- Designated Products (Alternate I only).
(vii) 52.227-6, Royalty Information.
(A) Basic.
(B) Alternate I.
(viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.
(d) The Offeror has completed the annual representations and certifications electronically in SAM accessed through https://www.sam.gov. After reviewing the SAM information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [ offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
FAR Clause Title Date Change
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.
52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (JUL 2016)
(a) Definitions. 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;
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.
Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.
Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.
(b) The Offeror represents that it [ ___ ] has or [ ___ ] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (c) and if applicable, paragraph (d) of this provision for each participant in the joint venture.
(c) If the Offeror indicates ``has'' in paragraph (b) of this provision, enter the following information:
Immediate owner CAGE code:
Immediate owner legal name: ___
(Do not use a ``doing business as'' name)
Is the immediate owner owned or controlled by another entity?:
[ ___ ] Yes or [ ___ ] No.
(d) If the Offeror indicates ``yes'' in paragraph (c) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:
Highest-level owner CAGE code:
Highest-level owner legal name:
(Do not use a ``doing business as'' name)
52.204-20 Predecessor of Offeror (JUL 2016)
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;
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.
Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.
Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.
(b) The Offeror represents that it [____] is or [____] is not a successor to a predecessor that held a Federal contract or grant within the last three years.
(c) If the Offeror has indicated “is” in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):
Predecessor CAGE code: ____ (or mark “Unknown”).
Predecessor legal name: ____.
(Do not use a “doing business as” name).
52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015)
(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-
(i) The Offeror and/or any of its Principals-
(A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;
(B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and
(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.;
and
(D) Have , have not , within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.
(1) Federal taxes are considered delinquent if both of the following criteria apply:
(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.
(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.
(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.
(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.
(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.
(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).
(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.
(2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager;
head of a division or business segment; and similar positions).
(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.
(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.
52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A
FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)
(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--
(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or
(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.
(b) The Offeror represents that--
(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and
(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.
52.214-14 PLACE OF PERFORMANCE--SEALED BIDDING (APR 1985)
(a) The bidder, in the performance of any contract resulting from this solicitation, [ ] intends, [ ] does not intend [check applicable box] to use one or more plants or facilities located at a different address from the address of the bidder as indicated in this bid.
(b) If the bidder checks "intends" in paragraph (a) above, it shall insert in the spaces provided below the required information:
Place of Performance Name and Address of Owner (Street, Address, City, and Operator of the Plant or County, State, Zip Code) Facility if Other than Bidder
52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (OCT 2014) - ALTERNATE I (SEPT 2015)
Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business concern eligible under the WOSB Program.
Service-disabled veteran-owned small business concern--
(1) Means a small business concern--
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).
Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and the size standard in paragraph (b) of this provision.
Small disadvantaged business concern, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that--
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--
(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States, and
(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and
(2) The management and daily business operations of which are controlled (as defined at 13 CFR 124.106) by individuals who meet the criteria in paragraphs (1)(i) and (ii) of this definition.
Veteran-owned small business concern means a small business concern--
(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans.
Women-owned small business concern means a small business concern--
(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and
(2) Whose management and daily business operations are controlled by one or more women.
Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily…
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