W911S2-19-B-8000-0002,_Solicitation.pdf
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- Asphalt Requirement Federal contract opportunity
- Solicitation number
- W911S2-19-B-8000
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Amenment 2 Solicitation.
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Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| W911S2-19-B-8000-0002,_Amendment_2.pdf | ||
| Amendment_2,_Exhibit_A_-_Detailed_Pricing_Schedule.xlsx | XLSX spreadsheet | |
| Amendment_1,_Exhibit_A_-_Detailed_Pricing_Schedule.xlsx | XLSX spreadsheet | |
| W911S2-19-B-8000-0001,_Solicitation.pdf | ||
| W911S2-19-B-8000-0001,_Amendment_1.pdf | ||
| Exhibit_A_-_Detailed_Pricing_Schedule.xlsx | XLSX spreadsheet | |
| Exhibit_E-_CDRL's_D013-D014.pdf | ||
| Attachment_3_-_ENG_FORM_4025_MAY_92_R.pdf | ||
| W911S2-19-B-8000,_Asphalt_Requirement_Solicitation.pdf | ||
| Exhibit_D_-_CDRL's_D009-D012.pdf | ||
| Attachment_4_-_AIA_Document_G702_Template.pdf | ||
| Attachment_2_-_Excavation_Permit_Policy-_As_of_10_Sept_2018.pdf | ||
| Attachment_5_-_AIA_Document_G703_Template.xls | XLS spreadsheet | |
| Exhibit_B_-_CDRL's_D001-D004.pdf | ||
| Attachment_1_-_Wage_Determination,_NY180009,_20181207.pdf | ||
| Exhibit_C-_CDRL's_D005-D008.pdf |
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Text version
TITLE: ASPHALT REQUIREMENTS
DATE & TIME OF BID OPENING: 2 April 2019, 2:00 P.M.EST
BIDS ARE DUE NO LATER THAN 2:00 pm EST, 2 April 2019 and are to be delivered or mailed to P31 Quartermaster Road, Fort Drum, NY 13602.
Bids, bid amendments (if applicable) and other required documents must be submitted in sealed envelopes or packages addressed to the office specif ied in Paragraph 7, Section 00100, of this soilcitation. The envelopes or packages shall contain the specif ied time and date for receipt, the solicitation number, and the name and address of the Bidder in accordance w ith FAR Part 52.214-5(a), Submission of Bids.
For each item offered on the Detailed Pricing Schedule (Exhibit A), Bidders shall enter unit prices only in the Excel format provided. The extended price of each item offered in the "Estimated Amount" column, as w ell as the totals, are calculated automatically. Bidders shall complete the Detailed Pricing Schedule as indicated in the Notes located at the bottom of the schedule.
* NOTE: The Contractor shall complete performance IAW the time specif ied in each Task Order.
X
ALFREDO M SANCHEZ 315-772-9903
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
12-Feb-2019
(RFP)
(IFB)
CALL:
B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)
See Item 7
2. TYPE OF SOLICITATION
SEALED BID
3. DATE ISSUED
9. FOR INFORMATION A. NAME
SOLICITATION
NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)
Prescribed by GSA
FAR (48 CFR) 53.236-1(e)
11. The Contractor shall begin performance w ithin _______10 calendar days and complete it w ithin ________ calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________*block 10 note
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 ______________02 Apr 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 _______120 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
MICC-FT DRUM
925TH CBN & MICC FORT DRUM
FORT DRUM NY 13602-5434
W911S2
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: 315-772-5582 TEL: FAX:
W911S219B8000 57
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
W911S2-19-B-8000
W911S219B8000
Section 00010 - Solicitation Contract Form
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 1 Job Asphalt Requirements
FFP
The Contractor shall provide all supervision, plant, labor, equipment, materials and appliances, and perform all work necessary to maintain, repair, and construct gravel pads, roads, parking lots, asphalt concrete pavement pads, and pavement markings, in accordance with the specifications and drawings, and subject to the terms and conditions of the contract, from the date of contract award through 30 April 2023.
FOB: Destination
PSC CD: Y1LB
NET AMT
0002 1 Job Performance and Payment Bonds
FFP
Performance and Payment bonds are required in the penal sum established by each Task Order. For orders over $35,000.00, Performance and Payment Bonds shall be equal to 100% of the price of the Task Order. For orders exceeding $35,000.00, but not greater than $150,000.00 an irrevocable letter of credit (ILC) may be submitted in place of the payment bond. Bond(s)/ILC shall be due within 10 calendar days of Task Order award, as indicated in Box 12A and 12B of the solicitation.
**For the purposes of this CLIN only, assume that "job" is the entire contract**
Contractor Manpower Reporting
FFP
This CLIN is not separately Priced (NSP). The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the Army via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address:
http://www.ecmra.mil/. Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 2019. Contractors may direct questions to the help desk at help desk at: http://www.ecmra.mil.
Information the Contractor will need to complete reporting:
UIC: W0XQAA
COMMAND: IMCOM
PSC: Y1LB
TOTAL AMOUNT (CLIN 0001 + CLIN 002)
W911S219B8000
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 0002 Destination Government Destination Government 7500 Destination Government Destination Government
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 POP 01-MAY-2019 TO
30-APR-2023
N/A PUBLIC WORKS
PUBLIC WORKS
4894 FORT DRUM
FORT DRUM NY 13602
W8100J
0002 POP 01-MAY-2019 TO
30-APR-2020
N/A (SAME AS PREVIOUS LOCATION)
7500 POP 01-MAY-2019 TO
30-APR-2023
N/A PUBLIC WORKS
PUBLIC WORKS
4894 FORT DRUM
FORT DRUM NY 13602
W911S219B8000
Section 00100 - Bidding Schedule/Instructions to Bidders
INSTRUCTION TO BIDDERS
1. MAGNITUDE OF PROJECT: The magnitude of construction for the entire 48 month contract ordering period is between $5,000,000.00 and $10,000,000.00 IAW FAR 36.204(g).
2. COMPETITION: This acquisition is 100% Set-Aside for 8(a) small business concerns pursuant to the requirements of FAR Subpart 19.8 -- Contracting with the Small Business Administration (The 8(a) Program), and FAR Clause 52.219-18 (Alternate I) -- Notification of Competition Limited to Eligible 8(a) Concerns. The SBA has determined competition will be restricted to 8(a) firms certified within the states of New York, Ohio, and Pennsylvania.
3. NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM (NAICS): The NAICS Code for this acquisition is 237310, Highway, Street & Bridge Construction. The Size Standard is $36,500,000.00.
4. LIQUIDATED DAMAGES: See Section 00700-Contract Clauses, FAR clause 52.211-12 -- Liquidated Damages –Construction.
5. EXPLANATION TO PROSPECTIVE BIDDERS: See Section 00100-Bidding Schedule/Instruction to Bidders, FAR Provision 52.214-6 --Explanation to Prospective Bidders, for information on explanations or interpretations.
6. BID GUARANTEE: A bid guarantee is REQUIRED and must be submitted with the bid (see Section 00100- Bidding Schedule/Instruction to Bidders, FAR clause 52.228-1 -- Bid Guarantee). Failure to submit a bid guarantee in accordance with FAR clause 52.228-1 may render the bid nonresponsive pursuant to FAR 14.301(a), Responsiveness of Bids, and NOT eligible for award.
7. BIDS: All bids must be submitted in hard copy along with documents in digital format on a Compact Disk(CD), prior to the bid due date and time in Box 10 of this solicitation (1st page). Invitation for Bid (IFB) contains provisions and other items required to be completed by the bidder and returned with its bid. Bids can be mailed or hand delivered to the Mission and Installation Contracting Command , 31 Quartermaster Road, Fort Drum, NY 13602. Failure to provide this information in hard copy and CD with the bid may render the bid nonresponsive and not eligible for award. Hard copy bids will be opened and read at the Mission and Installation Contracting Command, 31 Quartermaster Road, Fort Drum, New York, at 2:00 pm on 2 April 2019.
8. SOLICITATION PROVISIONS: This solicitation contains provisions and other items required to be completed electronically by the bidder (see paragraph 9, System for Award Management). Some provisions and other items required are not available online and must be completed by the bidder and returned with its bid in electronic format. Failure to provide this information may render the bidder non-responsive (see Sections 00100, 00600, and 00700).
9. SYSTEM FOR AWARD MANAGEMENT (SAM): To be eligible for award of a Department of Defense (DoD) contract, Contractor registration in the SAM database is required (see FAR clause 52.204-7, System for Award Management). The information contained within the interested bidder's record must be current (see FAR clause 52.204-13, System for Award Management Maintenance). Failure to register with SAM shall make the Contractor ineligible for award. Register electronically for free by accessing the on-line SAM registration from the following website address: https://www.sam.gov.
10. CONSTRUCTION WAGE RATE REQUIREMENTS: The Davis-Bacon Wage Decision included in Attachment 2 shall apply to this solicitation and resulting contract (see Section 00700-contract Clauses, FAR clauses 52.222-6 –Construction Wage Rate Requirements and 52.222-13 -- Compliance with Construction Wage Rate Requirements and Related Regulations for additional information). The wage decision may not contain all positions that are applicable to the features of work in the contract; therefore for any work classifications or positions that are not included, the wage rates must NOT be lower than the lowest skilled rate that is included in the wage decision. Under no circumstances will any resulting contract be modified to increase the contract price solely on adjustments or changes in any wage rates or due to any conformance action, to include a
W911S219B8000 missing classification. The Davis-Bacon Wage Decision included in Attachment 1 will be updated annually.
11. BIDDER ACCEPTANCE PERIOD: See Standard Form 1442, SOLICITATION, OFFER, AND AWARD, BLOCK 13 D. AND BLOCK 17. Bidders providing less than 120 calendar days for Government acceptance after the date bids are due will not be considered for award and will be rejected. If the bidder would like to provide more than 120 calendar days to be considered, the number of days needs to be inserted in BLOCK 17.
Failure to insert any number in BLOCK 17 means the bidder accepts the minimum in Item 13D.
12. PERFORMANCE AND PAYMENT BONDS: Bidders are reminded of the requirement for performance and payment bonds (see BLOCK 12A of the STANDARD FORM 1442 – SOLICITATION, OFFER, AND AWARD and Section 00700-Contract Clauses, FAR clause 52.228-15 -- Performance and Payment Bonds -- Construction). Performance and Payment bonds are required in the penal sum established by each Task Order. For orders over $35,000.00, Performance and Payment Bonds shall be equal to 100% of the price of the Task Order. For orders exceeding $35,000.00, but not greater than $150,000.00 an irrevocable letter of credit (ILC) may be submitted in place of the payment bond. Bond(s)/ILC shall be due within 10 calendar days of Task Order award, as indicated in Box 12A and 12B of the solicitation. Bidders shall complete Exhibit A- detail pricing schedule to calculate the Total Task Order Amount for Assigned ELIN’s and list that amount on Exhibit A., item T1. Bidders will use that amount as the total amount of the Contract in order to bid its Performance and Payment bonds Estimate.
The Total Estimated Performance and Payment Bonds shall be added to Exhibit A, item T2. The Total Estimated Performance and Payment Bond will determine a bonding rate in percentage terms that will be used to calculate the task order bonds amount. The bonding rate is fixed and will not be adjusted for actual cost. The total bond amount when all task orders are added together over the 4 year ordering period will not exceed the amount of CLIN 0002 on the awarded contract.
13. BASIS FOR AWARD: Award shall be made to the responsive and responsible bidder who presents the Government with the lowest-priced bid. To enter your complete bid price, take the amount from the TOTAL TASK ORDER AMOUNT FOR ASSIGNED ELINS in Exhibit A – Detailed Pricing Schedule and place in CLIN 0001 NET AMT, item T1. Take the amount from the TOTAL ESTIMATED PERFORMANCE AND PAYMENT BONDS in Exhibit A – Detailed Pricing Schedule, item T2 and place in CLIN 0002. Add CLIN 0001 and CLIN 0002 and enter this amount into the total amount on the Solicitation.
14. REFERENCES: Bidders are required to provide a list of at least three references wherein the bidder performed the same or similar work as that being sought under this IFB. At least one Government reference, if available, is requested. References shall include the Company/Agency point of contact, and a phone number/e-mail address.
15. AMENDMENTS: No bidders’ mailing list will be maintained. It is the responsibility of all interested parties wishing to bid on this requirement to monitor the FedBizOpps web page at https://www.fbo.gov/ for any/all amendments to this Solicitation. Failure to respond to an amendment may render the bid to be considered nonresponsive and thereby rejected.
16. CLARIFICATION OF WORK: It is the responsibility of the contractor to visit the site of work on each taskorder to survey the existing conditions and verify all portions of the work to be done. A site visit will be conducted by the government for each task order.
17. VETS-4212: Federal Contractors and subcontractors who receive Federal contracts of $150,000 or more are required to annually file, no later than September 30th of each year, Form No. VETS-4212 entitled "Federal Contractor Veterans' Employment Report" with the Department of Labor. In addition, all Federal Contracting Officers are prohibited from awarding contracts or disbursing funds to Federal contractors or subcontractors that have not submitted a current VETS-4212 Report. For more information on this requirement, see the following website: http://www.dol.gov/vets/vets4212.htm.
18. SOLICITATION QUESTIONS: Questions shall be in writing and e-mailed to travis.m.bettinger.mil@mail.mil and anthony.j.sligar2.civ@mail.mil. Questions concerning this solicitation will be accepted up to 4:00 pm on 25 February 2019. Responses to all questions will be posted on the FedBizOpps web page at https://www.fbo.gov/. Fort Drum does not commit to respond to any questions submitted after 4 February 2019, but will make every attempt to promptly answer all relevant questions.
19. CONTRACTOR MANPOWER REPORTING: Contractor shall provide data on Contractor labor hours (including subcontractor labor hours) for performance of this contract IAW the Statement of Work (SOW).
Contractors filing their Contractor Manpower Reports will receive immediate e-mail confirmation that their reports have been received in the system. Proof of completion shall be uploaded into Wide Area Work Flow with the last invoice of the reporting period to facilitate final contract payment.
CLAUSES INCORPORATED BY REFERENCE
52.204-7 System for Award Management OCT 2018 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 52.214-34 Submission Of Offers In The English Language APR 1991 52.214-35 Submission Of Offers In U.S. Currency APR 1991 52.219-2 Equal Low Bids OCT 1995 52.252-3 Alterations in Solicitation APR 1984
CLAUSES INCORPORATED BY FULL TEXT
52.216-1 TYPE OF CONTRACT (APR 1984)
The Government contemplates award of a firm fixed price requirements contract with an economic price adjustment (EPA) resulting from this solicitation.
(End of provision)
52.228-1 BID GUARANTEE (SEP 1996)
(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.
(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States.
The Contracting Officer will return bid guarantees, other than bid bonds, (1) to unsuccessful bidders as soon as practicable after the opening of bids, and (2) to the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.-
(c) The amount of the bid guarantee shall be 20 percent of the bid price or $3,000,000, whichever is less.-
(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.-
W911S219B8000
(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.
52.233-2 SERVICE OF PROTEST (SEP 2006)
(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from Contractor Manpower Reporting.
MICC Fort Drum, 31 Quartermaster road, Fort Drum, NY 13602.
(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.
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:
Name: William Davis Address: 4894 Nininger Street, Fort Drum, NY 13602 Telephone: PH: 315-772-7263; M: 315-523-0011
52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)
This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):
http://farsite.hill.af.mil/ http://farsite.hill.af.mil/vmdfara.htm
W911S219B8000
Section 00600 - Representations & Certifications
52.203-2 Certificate Of Independent Price Determination APR 1985 52.203-11 Certification And Disclosure Regarding Payments To
Influence Certain Federal Transactions
SEP 2007
52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters
OCT 2018
52.217-2 Cancellation Under Multiyear Contracts OCT 1997 52.222-22 Previous Contracts And Compliance Reports FEB 1999 52.222-38 Compliance With Veterans' Employment Reporting
Requirements
FEB 2016
52.223-1 Biobased Product Certification MAY 2012 52.225-25 Prohibition on Contracting with Entities Engaging in Certain
Activities or Transactions Relating to Iran-- Representation and Certifications.
AUG 2018
52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (OCT 2018)
(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 237310.
(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
W911S219B8000
(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.
W911S219B8000
(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.
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(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.
52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)
(a) Definitions. As used in this provision--
Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.
Federal contracts and grants with total value greater than $10,000,000 means--
(1) The total value of all current, active contracts and grants, including all priced options; and
(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).
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Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).
(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than $10,000,000.
(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:
(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:
(i) In a criminal proceeding, a conviction.
(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.
(iii) In an administrative proceeding, a finding of fault and liability that results in--
(A) The payment of a monetary fine or penalty of $5,000 or more; or
(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.
(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.
(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.
(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).
52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (OCT 2014)
(a) Definitions. As used in this provision--
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 business operations of which are controlled by, one or more women who are citizens of the United States.
(b)(1) The North American Industry Classification System (NAICS) code for this acquisition is ___ --[insert NAICS code].
(2) The small business size standard is ___ --[insert size standard].
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(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.
(c) Representations. (1) The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a small business concern. (2) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ___ ] is, [ ___ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.
(3) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a women-owned small business concern.
(4) Women-owned small business (WOSB) concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(3) of this provision.] The offeror represents as part of its offer that--
(i) It [ ___ ] is, [ ___ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(4)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ___ --.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.
(5) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a women-owned small business concern eligible under the WOSB Program in (c)(4) of this provision.] The offeror represents as part of its offer that--
(i) It [ ___ ] is, [ ___ ] is not an EDWOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(5)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ___ --.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.
(6) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a veteran-owned small business concern.
(7) [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(6) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a service-disabled veteran-owned small business concern.
(8) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that--
(i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and
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(ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(8)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: ___ --.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.
(d) Notice.
(1) If this solicitation is for supplies and has been set aside, in whole or in part, for small business concerns, then the clause in this solicitation providing notice of the set-aside contains restrictions on the source of the end items to be furnished.
(2) Under 15 U.S.C. 645(d), any person who misrepresents a firm's status as a business concern that is small, HUBZone small, small disadvantaged, service-disabled veteran-owned small, economically disadvantaged women-owned small, or women-owned small eligible under the WOSB Program in order to obtain a contract to be awarded under the preference programs established pursuant to section 8, 9, 15, 31, and 36 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, shall—
(i) Be punished by imposition of fine, imprisonment, or both;
(ii) Be subject to administrative remedies, including suspension and debarment; and
(iii) Be ineligible for participation in programs conducted under the authority of the Act.
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Section 00700 - Contract Clauses
52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006 52.203-7 Anti-Kickback Procedures MAY 2014 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or
Improper Activity
MAY 2014
52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014 52.203-12 Limitation On Payments To Influence Certain Federal
Transactions
OCT 2010
52.203-13 Contractor Code of Business Ethics and Conduct OCT 2015 52.203-14 Display of Hotline Poster(s) OCT 2015 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber
Content Paper
MAY 2011
52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier
Subcontract Awards
OCT 2018
52.204-13 System for Award Management Maintenance OCT 2018 52.204-14 Service Contract Reporting Requirements OCT 2016 52.209-6 Protecting the Government's Interest When Subcontracting
With Contractors Debarred, Suspended, or Proposed for Debarment
OCT 2015
52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters
OCT 2018
52.209-10 Prohibition on Contracting With Inverted Domestic Corporations
NOV 2015
52.211-5 Material Requirements AUG 2000 52.211-13 Time Extensions SEP 2000 52.219-8 Utilization of Small Business Concerns OCT 2018 52.219-12 Special 8(a) Subcontract Conditions JAN 2017 52.219-14 (Dev) Limitations on Subcontracting (DEVIATION 2019-O0003). DEC 2018 52.219-28 Post-Award Small Business Program Rerepresentation JUL 2013 52.222-1 Notice To The Government Of Labor Disputes FEB 1997 52.222-3 Convict Labor JUN 2003 52.222-4 Contract Work Hours and Safety Standards - Overtime
Compensation
MAY 2018
52.222-5 Construction Wage Rate Requirements--Secondary Site of the Work
MAY 2014
52.222-6 Construction Wage Rate Requirements AUG 2018 52.222-7 Withholding of Funds MAY 2014 52.222-8 Payrolls and Basic Records AUG 2018 52.222-9 Apprentices and Trainees JUL 2005 52.222-10 Compliance with Copeland Act Requirements FEB 1988 52.222-11 Subcontracts (Labor Standards) MAY 2014 52.222-12 Contract Termination-Debarment MAY 2014 52.222-13 Compliance With Construction Wage Rate Requirements and
Related Regulations
MAY 2014
52.222-14 Disputes Concerning Labor Standards FEB 1988 52.222-15 Certification of Eligibility MAY 2014 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016
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52.222-27 Affirmative Action Compliance Requirements for Construction
APR 2015
52.222-35 Equal Opportunity for Veterans OCT 2015 52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014 52.222-37 Employment Reports on Veterans FEB 2016 52.222-40 Notification of Employee Rights Under the National Labor
Relations Act
DEC 2010
52.222-50 Combating Trafficking in Persons MAR 2015 52.222-54 Employment Eligibility Verification OCT 2015 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts
SEP 2013
52.223-3 Hazardous Material Identification And Material Safety Data JAN 1997 52.223-4 Recovered Material Certification MAY 2008 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.223-18 Encouraging Contractor Policies To Ban Text Messaging
While Driving
AUG 2011
52.225-9 Buy American--Construction Materials MAY 2014 52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.227-1 Authorization and Consent DEC 2007 52.227-2 Notice And Assistance Regarding Patent And Copyright
Infringement
DEC 2007
52.227-4 Patent Indemnity-Construction Contracts DEC 2007 52.228-2 Additional Bond Security OCT 1997 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.228-11 Pledges Of Assets AUG 2018 52.228-12 Prospective Subcontractor Requests for Bonds MAY 2014 52.228-14 Irrevocable Letter of Credit NOV 2014 52.228-15 Performance and Payment Bonds--Construction OCT 2010 52.229-3 Federal, State And Local Taxes FEB 2013 52.232-13 Notice Of Progress Payments APR 1984 52.232-17 Interest MAY 2014 52.232-18 Availability Of Funds APR 1984 52.232-23 Assignment Of Claims MAY 2014 52.232-27 Prompt Payment for Construction Contracts JAN 2017 52.232-33 Payment by Electronic Funds Transfer--System for Award
Management
OCT 2018
52.232-37 Multiple Payment Arrangements MAY 1999 52.232-40 Providing Accelerated Payments to Small Business
Subcontractors
DEC 2013
52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.236-2 Differing Site Conditions APR 1984 52.236-3 Site Investigation and Conditions Affecting the Work APR 1984 52.236-4 Physical Data APR 1984 52.236-5 Material and Workmanship APR 1984 52.236-6 Superintendence by the Contractor APR 1984 52.236-7 Permits and Responsibilities NOV 1991 52.236-8 Other Contracts APR 1984 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements
APR 1984
52.236-10 Operations and Storage Areas APR 1984 52.236-11 Use and Possession Prior to Completion APR 1984 52.236-12 Cleaning Up APR 1984 52.236-13 Accident Prevention NOV 1991
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52.236-14 Availability and Use of…
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