W911S8-20-B-0001.pdf

-Resulting contract w ill be a Firm-Fixed Price (FFP). The Government intends to aw ard a single IDIQ type Paving contract for this solicitation.

-A bid guarantee is required (see clause at FAR 52.228-1). All bid bonds must be originals; photocopies w ill not be accepted. Performance and payment bonds are required (see clause at FAR 52.228-15) -This is a 100% 8(a) competitive set-aside under NAICS 237310 w ith a small business size standard of $36.5M. It has been determined that competition w ill be limited to only 8(a) firms w hose business plans are being serviced by the Small Business Administration (SBA) Seattle District Office operating under the applicable NAICS code.

-The estimated magnitude of construction for this project is betw een $20,000,000 and $50,000,000 -The aw ardee of this contract w ill be required to provide a Superintendent at all times w ork is being performed on the project (see clause at FAR 52.236-6). The Superintendent is considered a key position. This position SHALL NOT be subcontracted and must w ork directly for the prime contractor.

-The minimum dollar value for each Task Order is $2,000.00.

-The maximum dollar value for each task order is $2,000,000.00

X

BRETT J. HARRISON (253) 966-3491

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-May-2020

(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 _______5 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 _________________________See Task Order

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 ______________01 Jul 2020 (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 _______90 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

4. CONTRACT NO.

7. ISSUED BY CODE

MICC-JB LEWIS-MCCHORD

BUILDING 2015

JOINT BASE LEWIS-MCCHORD WA 98433-9500

W911S8

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

01:00 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: (253) 966-3505 TEL: FAX:

W911S820B0001 49

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

W911S820B0001

Section 00 10 00 - Solicitation

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 1 Job

PAVING - JBLM

FFP

Contractor shall furnish all labor, equipment, materials, transportation, and supervision in the performance of paving and incidental related work in accordance with the attached Statement of Work. Joint Base Lewis-McChord Contract Line Item Number 0001 is the summation of total prices from the Bid Schedule (Technical Exhibit 1). CLIN pricing shall include all transportation, equipment, labor, materials, supervision, profit, performance & payment bonds.

FOB: Destination

PSC CD: Z2LB

MAX

NET AMT

UNIT UNIT PRICE MAX AMOUNT

1001 1 Job

OPTION PAVING - JBLM

FFP

Contractor shall furnish all labor, equipment, materials, transportation, and supervision in the performance of paving and incidental related work in accordance with the attached Statement of Work. Joint Base Lewis-McChord Contract Line Item Number 1001 is the summation of total prices from the Bid Schedule (Technical Exhibit 1). CLIN pricing shall include all transportation, equipment, labor, materials, supervision, profit, performance & payment bonds.

UNIT UNIT PRICE MAX AMOUNT

2001 1 Job

OPTION PAVING - JBLM

FFP

Contractor shall furnish all labor, equipment, materials, transportation, and supervision in the performance of paving and incidental related work in accordance with the attached Statement of Work. Joint Base Lewis-McChord Contract Line Item Number 2001 is the summation of total prices from the Bid Schedule (Technical Exhibit 1). CLIN pricing shall include all transportation, equipment, labor, materials, supervision, profit, performance & payment bonds.

UNIT UNIT PRICE MAX AMOUNT

3001 1 Job

OPTION PAVING - JBLM

FFP

Contractor shall furnish all labor, equipment, materials, transportation, and supervision in the performance of paving and incidental related work in accordance with the attached Statement of Work. Joint Base Lewis-McChord Contract Line Item Number 3001 is the summation of total prices from the Bid Schedule (Technical Exhibit 1). CLIN pricing shall include all transportation, equipment, labor, materials, supervision, profit, performance & payment bonds.

See Exhibit A

UNIT UNIT PRICE MAX AMOUNT

4001 1 Job

OPTION PAVING - JBLM

FFP

Contractor shall furnish all labor, equipment, materials, transportation, and supervision in the performance of paving and incidental related work in accordance with the attached Statement of Work. Joint Base Lewis-McChord Contract Line Item Number 4001 is the summation of total prices from the Bid Schedule (Technical Exhibit 1). CLIN pricing shall include all transportation, equipment, labor, materials, supervision, profit, performance & payment bonds.

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-SEP-2020 TO

31-AUG-2021

N/A IMCOM-DPW

IMCOM-DPW

2012 LIGGETT AVE.

JBLM, WA 98433

W68NE6

1001 POP 01-SEP-2021 TO

31-AUG-2022

N/A IMCOM-DPW

IMCOM-DPW

2102 LIGGETT AVE.

JBLM, WA 98433

2001 POP 01-SEP-2022 TO

31-AUG-2023

N/A IMCOM-DPW

IMCOM-DPW

2012 LIGGETT AVE.

JBLM, WA 98433

3001 POP 01-SEP-2023 TO

31-AUG-2024

N/A IMCOM-DPW

IMCOM-DPW

2102 LIGGETT AVE.

JBLM, WA 98433

4001 POP 01-SEP-2024 TO

31-AUG-2025

N/A (SAME AS PREVIOUS LOCATION)

EXHIBITS AND ATTACHMENTS

TECHNICAL EXHIBITS (TE)

TE 1- Bid Schedule TE 2- Item Descriptions TE 3- Statement of Work (SOW) TE 4- Standards Plans Drawings TE 5- General Decision (Davis Bacon Wages) TE 6- Specifications Table of Contents TE 7- Division 01 – General Requirements TE 8- Division 02 – Existing Conditions TE 9- Division 03 – Concrete TE 10- Division 10 – Specialties TE 11- Division 26 – Electrical TE 12- Division 32 – Exterior Improvements TE 13- Division 33 – Utilities TE 14 Submittal Register

IDC CONSTRAINTS

CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE

The minimum guaranteed amount is $50,000.00 for the life of the contract (includes the base period, the option years, and any short term extensions). This minimum guaranteed amount applies to the contract awarded resulting from the solicitation. The maximum contract amount is identified in CLIN X0001 per period for the life of the contract. The maximum amount for the contract will not exceed $49,999,995 for the life of the contract. If the Government's requirements set forth in the solicitation do not result in orders in the amount described as "maximum," it shall not constitute the basis for an equitable price adjustment under this contract. The Government will meet the contract minimum by the issuance of a task order.

INSPECTION ADN ACCEPTANCE

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 1001 Destination Government Destination Government 2001 Destination Government Destination Government 3001 Destination Government Destination Government 4001 Destination Government Destination Government

0100 INSTRUCTIONS TO OFFERORS

Section 00100 - Bidding Schedule/Instructions to Bidders

INSTRUCTIONS TO BIDDERS

1. POINT OF CONTACT (POC):

Brett Harrison, Contract Specialist Tel: 253-966-3491 Email: Brett.j.harrison2.civ@mail.mil

2. COMPETITION REQUIREMENTS: This procurement is a 100% 8(a) set-aside acquisition.

3. BID PREPARTATION INSTRUCTIONS, AND CONTENT

a. These instructions are designed to ensure the submission of necessary information to provide clear understanding and the comprehensive evaluation of bids. In the Sealed Bidding procedures, price will determine the “Apparent Low Bid;”

however, the submission of a low bid does not in and of itself determine responsibility of a bidder or a fair and reasonable price. Therefore, it is necessary to require additional information in order that the Contracting Officer may make an award to the lowest, overall priced, responsible bidder. See Section 00800 for Evaluation Factors for Award.

4. BID SUBMISSION

ELECTRONIC SUBMISSION OF BIDS, TO INCLUDE E-MAIL AND FACSIMILE

TRANSMISSIONS, IS NOT AUTHORIZED.

The Government will not be responsible for bids delivered to any location or to anyone other than those designated to receive bids on its behalf as indicated below. Any bids hand-delivered between 12:00pm and 1:00pm on the due date shall only be delivered to the bid opening room at:

MICC-Joint Base Lewis-McChord, Room 140, (Dallas Conference Room)

Bldg. 2015 4th St. S Joint Base Lewis-McChord, WA 98433-9500

All bids must be clearly identified with the bidder’s name and address. To ensure timely and proper handling, the lower left corner of the outermost wrapper should indicate the following:

Invitation for Bid No: W911S8-20-B-0001 Due Date of Bids: 1 July 2020 Time by which Bids are due: 1:00 P.M. (Pacific Standard Time) Title of Project: JBLM Paving IDIQ

Bidders submission shall consist of one (1) volume, physically separated with detachable parts, and individually titled (to include one CD/DVD submitted).

TAB

TITLE

ORIGINAL

(HARD COPY)

CD/DVD

COPIES

A COVER SHEET 1 1

B SF 1442 1 1

C BID SCHEDULE (TECHNICAL EXHIBIT (TE) 1) 1 1

D LETTER FROM BONDING COMPANY 1 1

E BID BOND GUARANTEE 1 1

F WORK EXPERIENCE 1 1

G REPS & CERTS 1 1

H

8A PROGRAM CERTIFICATION APPROVAL

LETTER OR APPROVAL OF BONA FIDE PLACE OF

BUSINESS LETTER FROM SBA.

Bids delivered prior to one hour before bid opening must be delivered only by U.S. Mail, including U.S. Express Mail, Federal Express or United Parcel Service to the address as indicated below. The date and time of delivery established by these carriers is not the official time of receipt by the Government. Mailroom personnel do not receive bids, delivered bids will subsequently be picked up by MICC-JBLM personnel. After receipt by MICC- JBLM personnel, a record will be made of the receipt of the bid. Completion of these actions will constitute delivery of the bid by the date and time designated for receipt of bids. Bidders are responsible for allowing sufficient time for the bid to be processed for receipt and are cautioned that sufficient time may be as much as 24 hours prior to the date and time designated for receipt of bids. Bids sent by U.S Mail, U.S. Express Mail, Federal Express and United Parcel Service are required to be sent to:

MICC – Joint Base Lewis-McChord Attention: Mr. Brett Harrison W911S8-20-B-0001 Room 221, Bldg. 2015 4th St. S Joint Base Lewis-McChord, WA 98433-9500

*Note the mailing address differs from the bid opening location.

Bidders must allow sufficient time to complete security screening to gain admittance to Joint Base Lewis-McChord, WA. The Government will not be responsible for bids delivered to any location or to anyone other than those designated to receive bids on its behalf. Bidders are responsible for ensuring bids are submitted so as to reach the location designated for receipt of bids.

5. BID CONTENT. (See section 00800 for Contracting Officer Determination of

Responsibility) SEALED BID DOCUMENTS. Contract shall be awarded to the responsive/responsible prospective contractor. Before award, to be determined responsive, a prospective contractor must furnish the following information with their bid:

a. TAB A: Cover Sheet. Coversheet shall be on company letterhead and must contain your DUNS number, CAGE code, Tax ID, and authorized representative(s) who can obligate your company contractually, sign the bid, and sign, other contract actions; include telephone number with area code and complete email address for each authorized representative.

If a joint venture, the vendor must provide:

i. The primary member of the joint venture shall sign the SF 1442 and

Corporate Certificate unless a written agreement by the joint venture is furnished with the proposal designating one firm with the authority to bind the other member(s) of the joint venture. In addition, the Offeror shall submit a copy of the joint venture agreement with the proposal. Failure to comply with the foregoing requirements may eliminate the IFB from further consideration.

ii. The SBA must receive the joint venture agreement prior to the proposal due time/date and approved before award of any resulting contract. If an Offeror is contemplating a joint venture on this project, it must advise its assigned SBA Business Opportunity Specialist (BOS) as soon as possible.

It is also recommended that the agreement be submitted as soon as practicable to ensure compliance with established regulations. Any corrections and/or changes needed can be made only when its BOS has adequate time for a thorough review before the proposal due time/date.

b. TAB B: Signed and completed SF 1442 along with any amendments. The SF1442 shall be submitted fully completed. The Contractor shall acknowledge any/all amendments to the IFB in accordance with the instructions on the SF1442. All bidders are cautioned to complete blocks 20a-20c with an original signature in block 20b.

c. TAB C: Bid Schedule (TE 1).

i. Bidders shall incorporate a total price for each CLIN (Section 00010 Solicitation Contract Form)

ii. Bidders shall submit a complete Bid Schedule. A unit price shall be inserted for each line item. Line item unit prices shall include all proposed overheads and or profit. Total sums for the completed Bid Schedule shall match Section 00010 of the SF1442.

iii. All extensions of the unit prices in the spreadsheets will be subject to verification by the Government. In case of a discrepancy between the unit price and the totals, the unit price will govern.

iv. Failure to submit a price for each subline item shall render your bid as non-responsive.

Notice to Bidders: When a component, work element, or system does not exist within the Bid Schedule, it shall be considered as a Non-Pre Priced Item (NPI). Line items not covered in the Bid Schedule but within the scope and general intent of this requirement and are necessary to complete the requirements of a specific Task Order (TO) may be negotiated and incorporated into a TO by the Contracting Officer (KO). These non-pre-priced line items will only be allowed if the Government deems that an appropriate line item is not provided within the Bid Schedule.

NPIs WILL NOT BE EVALUATED FOR CONTRACT AWARD PURPOSES. NPIs WILL

ONLY BE EVALUATED FOR INDIVIDUAL TASK ORDERS AS APPLICABLE. THE USE

OF NPIs IS EXPLICITLY RESERVED FOR GOVERNMENT USE ONLY.

d. TAB D: Letter from Bonding Company. Letter must indicate the bidder’s ability to obtain performance and payment bonds in the amount of the contracts maximum ceiling ($7M). Failure to provide this letter could render your bid as nonresponsive.

**Please note the Government is not requesting actual bonds at this time. The winning bidder will provide actual performance/payment bonds after contract award on an annual basis estimated at approximately $7M per year**

e. TAB E: Bid Bond Guarantee. Per FAR 52.228-1, failure to provide a bid bond guarantee per FAR 52.228-1 could render your bid nonresponsive.

f. TAB F: Work Experience. The prime contractor shall demonstrate that it possesses general construction contract management by providing at least two examples of relevant work experience with a value of at least $1 million in an awarded contract similar to the requirements stated in this solicitation.

Documentation shall be submitted with the bid and include the contract number, the date of contract award, the customer's name and contact information, the awarded dollar value, a description of all work elements included in the contract, the number and type of specialty trades needed to complete the contract, and the period of time allocated for completion of the work. Federal work experience is preferred; however, the Government will accept work experience from both State and institutional and commercial contracts as well. No residential work experience will be considered appropriate for this purpose. Failure to provide this documentation will render the bid/offer non-responsive and no further consideration will be given to that bidder for award of this contract.

g. TAB G: REPRESENTATIONS, CERTIFICATIONS. The bidder shall ensure that their business has completed an online Representations and Certifications at the System and Awards Management (SAM) website, which may be found at https://sam.gov/SAM. It is the bidder’s responsibility to ensure that the information provided in each representation and certification is completed truthfully and completely. A bidder’s failure to complete the online representations and certifications prior to the close of the Solicitation (to include listing of the applicable NAICS code and applicable size standards) will result in their bid being deemed non-responsive and eliminated from further consideration.

Bidders shall submit the representations and certifications listed in Section 00600 or provide a printed version of the documents from their corporate SAM profile.

Bidder must be registered in the database IAW FAR 52.204-7 in order to be awarded a contract and have the applicable NAICS code listed in FAR 52.219- 1(c), Small Business Program Representations (Alternate I), Representations.

h. TAB H: 8A PROGRAM CERTIFICATION APPROVAL LETTER OR

APPROVAL OF BONA FIDE PLACE OF BUSINESS LETTER FROM SBA.

i. The bidder shall include 8a program certification approval letter from the

SBA Seattle District Office or the SBA Washington District Office; OR

ii. The bidder shall include approval of bona fide place of business letter from the Seattle District SBA.

iii. Failure to provide either letter could render your bid as nonresponsive.

6. SITE VISIT AND PRE-BID CONFERENCE: Due to the situation with the COVID 19 virus outbreat a site visit and/or pre-bid conference will not be scheduled.

7. REQUEST FOR INFORMATION (RFI): All offeror inquiries or questions shall be submitted in writing electronically to Brett Harrison at brett.j.harrison2.civ@mail.mil no later than 12 June 2020 at 16:00 PST. Please identify the applicable Statement of Work paragraph or solicitation reference with each question submitted. An amendment will then be issued with all questions and answers. **After the due date no additional RFI’s will be answered**

8. PUBLIC BID OPENING: Please refer to Block 13A of the SF1442. Anyone wishing to attend the bid opening MUST notify the Contracting Officer (angela.chaplinski.civ@mail.mil) and the Contract Specialist (brett.j.harrison2.civ@mail.mil) by no later than 5 calendar days prior to the bid opening date with a firm commitment to attend.

If a Bidder believes that the requirements in this Invitation for Bid contain an error, omission, or are otherwise unsound; immediately notify the Contract Specialist in writing with supporting rationale. The Government reserves the right to award this Information for Bid based on the initial bid, as received, without discussion.

CLAUSES INCORPORATED BY REFERENCE

52.214-4 False Statements In Bids APR 1984 52.214-3 Amendments To Invitations For Bids DEC 2016

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

Section 00 21 00 - Instructions

52.204-22 Alternative Line Item Proposal JAN 2017 52.215-22 Limitations on Pass-Through Charges--Identification of

Subcontract Effort

OCT 2009

52.217-5 Evaluation Of Options JUL 1990 52.222-33 Notice of Requirement for Project labor Agreement MAY 2010 252.236-7006 Cost Limitation JAN 1997 252.236-7008 Contract Prices-Bidding Schedules DEC 1991

CLAUSES INCORPORATED BY FULL TEXT

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

(End of clause)

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

Angela Chaplinski Contracting Officer Installation Support Division (ISD) Mission & Installation Contracting Command (MICC) Bldg 2015, 4th and Pendleton Joint Base Lewis-McChord, WA 98433 Phone: Commercial (253)966-3489

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of provision)

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):

https://www.acquisition.gov/ and https://www.acq.osd.mil/dpap/dars/class_deviations.html

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of"(DEVIATION)" after the date of the provision.

(b) The use in this solicitation of any Defense Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

Section 00 70 00 - Conditions of the Contract

52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 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 52.203-19 Prohibition on Requiring Certain Internal Confidentiality

Agreements or Statements

JAN 2017

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

52.204-19 Incorporation by Reference of Representations and Certifications.

DEC 2014

52.204-21 Basic Safeguarding of Covered Contractor Information Systems

JUN 2016

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities.

JUL 2018

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.

DEC 2019

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

AUG 2019

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

OCT 2015

52.209-7 Information Regarding Responsibility Matters OCT 2018 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

52.211-18 Variation in Estimated Quantity APR 1984 52.214-26 Audit and Records--Sealed Bidding OCT 2010 52.214-27 Price Reduction for Defective Certified Cost or Pricing Data -

Modifications - Sealed Bidding

AUG 2011

52.214-28 Subcontracting Certified Cost Or Pricing Data-- Modifications--Sealed Bidding

OCT 2010

52.214-29 Order Of Precedence--Sealed Bidding JAN 1986 52.215-23 Limitations on Pass-Through Charges OCT 2009 52.215-23 Limitations on Pass-Through Charges OCT 2009 52.219-8 Utilization of Small Business Concerns OCT 2018 52.219-14 Limitations On Subcontracting MAR 2020 52.222-1 Notice To The Government Of Labor Disputes FEB 1997 52.222-3 Convict Labor JUN 2003 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 52.222-27 Affirmative Action Compliance Requirements for

Construction

APR 2015

52.222-34 Project Labor Agreement MAY 2010 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 JAN 2019 52.222-54 Employment Eligibility Verification OCT 2015 52.222-55 Minimum Wages Under Executive Order 13658 DEC 2015 52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2017 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.223-15 Energy Efficiency in Energy-Consuming Products DEC 2007 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.223-19 Compliance with Environmental Management Systems MAY 2011 52.225-10 Notice of Buy American Requirement--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

52.228-1 Bid Guarantee SEP 1996 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 52.228-15 Performance and Payment Bonds--Construction OCT 2010 52.229-3 Federal, State And Local Taxes FEB 2013 52.232-5 Payments under Fixed-Price Construction Contracts MAY 2014 52.232-23 Assignment Of Claims MAY 2014 52.232-25 Prompt Payment JAN 2017 52.232-27 Prompt Payment for Construction Contracts JAN 2017 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 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 52.236-14 Availability and Use of Utility Services APR 1984 52.236-15 Schedules for Construction Contracts APR 1984 52.236-16 Quantity Surveys APR 1984 52.236-17 Layout of Work APR 1984 52.236-21 Specifications and Drawings for Construction FEB 1997 52.236-26 Preconstruction Conference FEB 1995 52.242-13 Bankruptcy JUL 1995 52.242-14 Suspension of Work APR 1984 52.243-4 Changes JUN 2007 52.246-12 Inspection of Construction AUG 1996 52.246-21 Warranty of Construction MAR 1994 52.247-34 F.O.B. Destination NOV 1991 52.249-2 Termination For Convenience Of The Government (Fixed-

Price)

APR 2012

52.249-10 Default (Fixed-Price Construction) APR 1984 52.253-1 Computer Generated Forms JAN 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense- Contract-Related Felonies

DEC 2008

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7003 Agency Office of the Inspector General AUG 2019 252.204-7000 Disclosure Of Information OCT 2016 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7006 Billing Instructions OCT 2005 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

DEC 2019

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation

DEC 2019

252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Country that is a State Sponsor of Terrorism

MAY 2019

252.223-7004 Drug Free Work Force SEP 1988 252.231-7000 Supplemental Cost Principles DEC 1991 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.236-7000 Modification Proposals-Price Breakdown DEC 1991 252.236-7002 Obstruction of Navigable Waterways DEC 1991 252.236-7005 Airfield Safety Precautions DEC 1991 252.236-7007 Additive or Deductive Items DEC 1991 252.243-7001 Pricing Of Contract Modifications DEC 1991

252.243-7002 Requests for Equitable Adjustment DEC 2012 252.247-7023 Transportation of Supplies by Sea FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

52.204-1 APPROVAL OF CONTRACT (DEC 1989)

This contract is subject to the written approval of The Contacting Officer and shall not be binding until so approved.

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2020)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 237310.

(2) The small business size standard is $39,500,000.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

( ) Paragraph (d) applies.

( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.204-26, Covered Telecommunications Equipment or Services--Representation. This provision applies to all solicitations.

(vii) 52.209-2; Prohibition on Contracting with Inverted Domestic Corporations--Representation.

(viii) 52.209-5; Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(x) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xii) 52.219-1, Small Business Program Representations (Basic & 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.

(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xvi) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.

(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.)

(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xxi) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $83,099, the provision with its Alternate II applies.

(D) If the acquisition value is $83,099 or more but is less than $100,000, the provision with its Alternate III applies.

(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.

(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.

(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

(i) 52.204-17, Ownership or Control of Offeror.

(ii) 52.204-20, Predecessor of Offeror.

(iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

(iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.

(v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.

(vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA- Designated Products (Alternate I only).

(vii) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

(viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The Offeror has completed the annual representations and certifications electronically in SAM accessed through https://www.sam.gov. After reviewing the SAM information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [ offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

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.

52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS--CERTIFICATION (JUN 2018)

(a) This provision does not apply to acquisitions below the simplified acquisition threshold or to acquisitions of commercial items as defined at FAR 2.101.

(b) Certification. [Offeror shall check either (1) or (2).]

____ (1) The Offeror certifies that--

(i) It does not engage and has not engaged in any activity that contributed to or was a significant factor in the President's or Secretary of State's determination that a foreign country is in violation of its obligations undertaken in any arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. The determinations are described in the most recent unclassified annual report provided to Congress pursuant to section 403 of the Arms Control and Disarmament Act (22 U.S.C. 2593a). The report is available via the internet at https://www.state.gov/t/avc/rls/rpt/; and

(ii) No entity owned or controlled by the Offeror has engaged in any activity that contributed to or was a significant factor in the…