W911S823B0003 FINAL.pdf

The resulting contract w ill be an INDEFINITE DELIVERY / INDEFINITE QUANTITY (IDIQ) contract for construction.

A. This acquisition is restricted to a 100% Total Small Business Set Aside.

B. The assigned NAICS Code is 237310, "Highw ay, Street, and Bridge Construction” w ith a small business size standard of $39.5M.

C. The IDIQ is to be based on a general Statement of Work (SOW) further defined in individual Task Orders.

D. The estimated program value for all task orders to be placed over the f ive (5) year ordering period of the resulting contract w ill be $9,000,000.00. How ever, if the Government's requirements do not meet the program amount, it shall not constitute the basis for an equitable adjustment under this contract.

E. The minimum dollar value of each task order is $2,000.00.

F. The maximum dollar value of each task order is $750,000.00 G. Bonding w ill be determined at the task order level.

H. Blocks 11, 12, and 13B on this SF Form 1442 (and the resulting contract) apply to individual Task Orders.

X

SHALON D. WILLIS 253-966-3490

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

10-May-2023

(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 _______ 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 _________________________

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 ______________08 Jun 2023 (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

12:00 PM (hour)

Sealed envelopes containing offers

5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.

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

FAX:TEL: TEL: FAX:

W911S823B0003 46

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

Section 00010 - Solicitation Contract Form

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job JBLM Base Year

FFP

Pavement marking and rubber removal performed at Joint Base Lewis-McChord (JBLM) as described in each task order. Technical Exhibit 1, Work Item Price List.

FOB: Destination

NET AMT

0002 1 Job YTC Base Year

FFP

Pavement marking and rubber removal performed at Yakima Training Center (YTC) as described in each task order. Technical Exhibit 1, Work Item Price List.

1001 1 Job OPTION JBLM Option Year 1

FFP

Pavement marking and rubber removal performed at Joint Base Lewis-McChord

1002 1 Job OPTION YTC Option Year 1

FFP

Pavement marking and rubber removal performed at Yakima Training Center

2001 1 Job OPTION JBLM Option Year 2

FFP

Pavement marking and rubber removal performed at Joint Base Lewis-McChord

2002 1 Job OPTION YTC Option Year 2

FFP

Pavement marking and rubber removal performed at Yakima Training Center

3001 1 Job OPTION JBLM Option Year 3

FFP

Pavement marking and rubber removal performed at Joint Base Lewis-McChord

3002 1 Job OPTION YTC Option Year 3

FFP

Pavement marking and rubber removal performed at Yakima Training Center

4001 1 Job OPTION JBLM Option Year 4

FFP

Pavement marking and rubber removal performed at Joint Base Lewis-McChord

4002 1 Job OPTION YTC Option Year 4

FFP

Pavement marking and rubber removal performed at Yakima Training Center

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 1001 Destination Government Destination Government 1002 Destination Government Destination Government 2001 Destination Government Destination Government 2002 Destination Government Destination Government 3001 Destination Government Destination Government 3002 Destination Government Destination Government 4001 Destination Government Destination Government 4002 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-JUN-2023 TO

31-MAY-2024

N/A JBLM PUBLIC WORKS IMLM-PW MS17

JBLM PUBLIC WORKS IMLM-PW MS17

BOX 339500

JBLM, WA 98433-9500 WA 98433-9500

W68NE6

0002 POP 01-JUN-2023 TO

31-MAY-2024

N/A (SAME AS PREVIOUS LOCATION)

1001 POP 01-JUN-2024 TO

31-MAY-2025

N/A (SAME AS PREVIOUS LOCATION)

1002 POP 01-JUN-2024 TO

31-MAY-2025

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 01-JUN-2025 TO

31-MAY-2026

N/A (SAME AS PREVIOUS LOCATION)

2002 POP 01-JUN-2025 TO

31-MAY-2026

N/A (SAME AS PREVIOUS LOCATION)

3001 POP 01-JUN-2026 TO

31-MAY-2027

N/A (SAME AS PREVIOUS LOCATION)

3002 POP 01-JUN-2026 TO

31-MAY-2027

N/A (SAME AS PREVIOUS LOCATION)

4001 POP 01-JUN-2027 TO

31-MAY-2028

N/A (SAME AS PREVIOUS LOCATION)

4002 POP 01-JUN-2027 TO

31-MAY-2028

N/A (SAME AS PREVIOUS LOCATION)

Section 00100 - Bidding Schedule/Instructions to Bidders

INSTRUCTIONS TO BIDDERS

1.0 BID SUBMISSION, PREPARATION INSTRUCTIONS, AND CONTENT

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.

2.0 BID SUBMISSION

2.1. INSTRUCTIONS

a. Sealed Bids shall be submitted prior to 12:00 PM (PDT) on Thursday, 08 June 2023 as identified on block 13 of the Standard Form (SF) 1442, as follows:

One (1) digital/electronic copy shall be mailed electronically to Ms. Shalon D. Hutton at shalon.d.hutton.civ@army.mil with W911S8-23-B-0003 Pavement Markings on the subject line.

b. No other means of submission is allowed.

c. Bidders must be registered in the System for Award Management (SAM) database (https://www.sam.gov), with NAICS code 237310, Highway, Street, and Bridge Construction, in order to be considered for award.

d. Any bid, modification, or revision, received after the exact time specified for receipt of bids will be considered late and will not be considered. Late bids will be processed as indicated in FAR Part 14.304.

e. The CS is the sole point of contact for this procurement. Address all questions or concerns regarding this solicitation, in writing, to the CS. Please, identify the applicable Statement of Work (SOW) paragraph number or solicitation reference with each question. The deadline for submission of questions is Monday, 29 May 2023 at 12:00 PM (PDT).

2.2. BID OPENING

The Government will host a public bid opening on Friday, 09 June 2023, which will be held at Building 2015 N 4th Street, JBLM, WA 98433. However, this event will be held only via teleconference. Due to the established protocols to provide teleconferencing services, the Government intends to publish further instructions 72-96 hours prior to the stated bid closing time/date, which will include the teleconference number and specific relevant details of that process. Should the solicitation period need to be extended, referenced instructions will be provided 72-96 hours prior to the new bid closing time/date.

3.0 General Instructions

3.1. The basis of award for this requirement is price and price-related factors IAW FAR 14.101(e). (See Evaluation Factors for Award.) Noncompliance with the Invitation for Bids (IFB) requirements may hamper the Government’s ability to properly evaluate the bid and may be grounds to eliminate the bid from further consideration for contract award.

3.2. Submission of the documentation specified below will constitute the Bidder's acceptance of the terms and conditions of the IFB, concurrence with the SOW and contract type.

3.3. It is the Government’s intention to award without discussions IAW FAR sub-part 14.404-1(e) and (f).

Bidders are, therefore, encouraged to present their best prices in their bid submission. However, the Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary.

3.4. Instructions outlined in paragraph 4 below prescribe the format for the bid submission and describe the approach for the development and presentation of bid data.

3.5. If a Bidder believes that the requirements in these instructions contain an error, an ambiguity, omission, or are otherwise deemed unsound, the Bidder shall immediately notify the CS in writing with supporting rationale. The Bidder is reminded that the Government reserves the right to award this effort based on the bid, as received, without discussion.

3.6. In accordance with FAR Subpart 4.8 – Government Contract Files, the Government will retain all copies of unsuccessful bids in the contract file.

3.7. All referenced documents for this solicitation are available on the new Government Point of Entry, SAM at https://sam.gov/ and selecting “Search Contract Opportunities” under Contract Opportunities (FBO) on the landing page.

4.0 CONTENT – Preparation Instructions

a. The Government requires one (1) electronic copy of the bid.

1) Page limitations include all appendices, charts, graphs, diagrams, tables, photographs, and drawings.

2) Page limitations do not include cover page, tables of contents, glossary of abbreviations and acronyms, title pages, cross reference indices, and section dividers, or tables if they are inserted solely to provide ease to the reader in locating parts/sections of the bid. Pages will be counted if they contain any other information, i.e., diagrams, or extraneous data. Pages marked “This page intentionally left blank” will not be counted.

3) What counts as a page? A page shall be an 8½” x 11” sheet of paper. When both sides of a sheet display printed material, it shall be counted as two (2) pages. Letter size and spacing requirements for illustrations and tables can be at the discretion of the Bidder but must be easily readable. Foldouts will be counted as the appropriate number of pages based on an 8½” x 11” sheet of paper. Margins shall be at least one (1) inch on the top and bottom and 3/4 inch on the sides. The Bidder shall number each page in order to eliminate any confusion. In the event Bidder creates an ambiguity in its numbering of pages, the Government may exercise its own discretion in counting pages.

4.1. BID PACKAGE FORMAT

a. Bidders shall submit one (1) electronic copy of their bids in Adobe Portable Document (.pdf), Microsoft Office 2013 or newer version, or compatible format, which will enable the Government to view the bids electronically. Attachment 2 – Technical Exhibit 1 (TE1), the Price Schedule, shall be submitted in accordance with the instructions at paragraph e. below. The Government will use the electronic files in the evaluation process, which will serve as the official bid.

b. The .pdf file type has a built-in security function. The Bidder shall set all security options in each .pdf file to “allowed.” Index all text, including table and figure identifiers, and allow for 100% searchable text.

Display all text as a font to facilitate the ability to copy and paste to another document. DO NOT display any text as bitmap.

c. Do not embed sound or video files into the bid files. Minimize the use of scanned images and keep embedded graphics as simple as possible.

d. Bid submission shall include a cover sheet and table of contents immediately preceding the company letterhead. A glossary of abbreviations and acronyms shall contain all abbreviations and acronyms used, with a definition for each.

e. Price List File. Submit an electronically encoded price model in support of the bid price. Any price model submitted must be consistent with the Bidder’s approved estimating system and must duplicate the logic and mathematical formulas reflected in the bid. Price models submitted shall be in .xls file format (MS Excel 2010 or newer) or in a compatible format.

f. Viewing Environment. The Government anticipates viewing the electronic/digital submittals with the following computer software and hardware: 1) IBM-compatible systems, 128 MB of RAM, nominal 22-inch color monitors; 2) Windows 10 Enterprise operating system; and 3) Adobe Reader XI, Microsoft Office 2013, and Internet Explorer 11 browser.

4.2. BID CONTENT

a. This section shall be clearly marked “IFB DOCUMENTS W911S8-23-B-0003.” IFB documents shall contain a signed copy of all documents requiring the bidder’s signature. Bids shall include the required information in the items below.

b. TAB A—CONTRACT DOCUMENTATION AND EXECUTIVE SUMMARY.

Organize the Contract Documentation and Executive Summary as described herein.

1) On company letterhead, signed by an officer of the company, state:

(a) authorized representative(s), along with title(s), telephone number(s) and e-mail address(es), who can obligate your company contractually, with any dollar amount limits per person, sign the bid, and sign other contract actions. The letter must also acknowledge the acceptance period of 60 calendar days as stated in block 13 of the SF1442;

(b) Contractor/Bidder, DUNS number, CAGE Code, and Tax ID number and mailing address;

(c) Physical address, if different than mailing address;

(d) Discount Terms, if any;

(e) Signature of Bidder (original signature required);

(f) Printed name and title of signer; and

(g) Date signed.

2) Executive Summary. The purpose of this portion is to present the Government a clear and concise introduction to the Bidder, including significant risks, and highlight any key or unique features, excluding price. This should be a “big picture” explanation and provide the Bidder’s overall approach and supporting rationale for the performance of the contract’s requirements. Also, present information regarding relevant experience providing protective coating services that will enable successful execution. This summary is limited to 10 total pages.

3) If joint venture, the Bidder must provide:

A signed SF1442 by the primary member of the joint venture and a Corporate Certificate unless a written agreement by the joint venture is furnished with the bid designating one firm with the authority to bind the other member(s) of the joint venture. Additionally, the Bidder shall submit a copy of the joint venture agreement with the bid. Failure to comply with the foregoing requirements may eliminate the Bidder from further consideration.

The SBA must receive the joint venture agreement prior to the bid due time/date and approved before award of any resulting contract. If a Bidder is contemplating a joint venture on this procurement, 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 the BOS has adequate time for a thorough review before the bid due time/date.

4) Bid Bond Guarantee. In accordance with FAR sub-part 28.101-2(b), Bidders are required to submit evidence of guarantee as specified in FAR clause 52.228-1. Signed bid bond shall be included with the electronic bid and the original shall be mailed separately via United States Postal Service. The bid package shall include evidence of the bid bond mailing (e.g. certified mail receipt). Failure to provide this documentation will render a bid ineligible for consideration and contract award.

5) Signed authorization letter addressed to the Bidder’s financial institution authorizing the

Contracting Officer, or designated alternate, to discuss the Bidder’s financial history and liquidity.

6) Any other relevant information the Bidder chooses to bring to the Government’s attention.

This documentation is limited to five (5) total pages.

c. TAB B – STANDARD FORM (SF) 1442, SOLICITATION OFFER AND AWARD

& ACKNOWLEDGEMENT OF AMENDMENTS

The SF1442 shall be submitted fully completed, to include all clauses and sections that require contractor/bidder fill in. The Bidder shall acknowledge any 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.

d. TAB C – ATTACHMENT 2 – TECHNICAL EXHIBIT 1 (TE1)

1) Bidders shall submit a completed Price Schedule (TE1). A unit price shall be inserted for each line item, which shall include appropriate, applicable, and allowable taxes.

2) All extensions of the unit prices 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.

3) Represent all final monetary extensions in two (2) decimal positions only.

Example: $5.27, not $5.27458.

4) Unit prices and extended prices cannot be left blank; indicate your intent to not charge a specific line by writing the unit price and extended price as $0.00.

5) Price List data will be evaluated using various price analysis techniques and procedures IAW FAR

15.404 including, but not limited to, comparison of proposed prices received in response to the solicitation, comparison to the Independent Government Estimate (IGE), and total price fairness, reasonableness, and balance. Bidder is reminded to include all costs (i.e., labor, travel, overhead, G&A, profit) associated with the performance of requirements.

6) The Government reserves the right to require the submission of Other Than Certified Cost or

Pricing Data as is deemed necessary to arrive at a fair and reasonable price.

7) Should a component, work element, or system does not exist in TE1, the item shall be considered as a Non-Pre Priced Item (NPI). Line items not covered by TE1, but within the scope and general intent of this requirement necessary to complete the requirements of a specific Task Order (TO), may be negotiated and incorporated into a TO by the Contracting Officer. These NPIs will only be allowed if the Government deems that an appropriate line item is not provided in TE1. NPIs WILL NOT BE EVALUATED FOR CONTRACT AWARD PURPOSES. NPIs WILL ONLY BE

EVALUATED AT THE INDIVIDUAL TASK ORDER LEVEL AS APPLICABLE. THE

USE OF NPIs IS EXPLICITLY RESERVED FOR GOVERNMENT USE ONLY.

EVALUATION FACOTRS FOR AWARD

1.0 The Contracting Officer will make a single contract award by written or electronic notice, within the time for acceptance specified in the bid or an extension, if any, and to the responsible bidder whose bid, conforming to the invitation, will be most advantageous to the Government, considering only price and price-related factors identified in the invitation. Award will not be made until all required approvals have been obtained and the award otherwise conforms to FAR 14.103-2.

2.0 DETERMINATION OF RESPONSIBILITY

a. IAW FAR 14.408-2, Responsible Bidder – Reasonableness of Price, the Contracting Officer will determine that a prospective contractor is responsible IAW FAR Subpart 9.1.

b. IAW FAR 9.104-1, to be determined responsible, a prospective Contractor must –

1) Have adequate financial resources to perform the contract, or the ability to obtain them;

2) Be able to comply with the required or proposed delivery or performance schedule, taking into consideration all existing commercial and governmental business commitments;

3) Have a satisfactory performance record;

4) Have a satisfactory record of integrity and business ethics;

5) Have the necessary organization, experience, accounting and operational controls, and technical skills, or the ability to obtain them (including, as appropriate, such elements as production control procedures, property control systems, quality assurance measures, and safety programs applicable to materials to be produced or services to be performed by the prospective contractor and subcontractors);

6) Have the necessary production, construction, and technical equipment and facilities, or the ability to obtain them; and

7) Be otherwise qualified and eligible to receive an award under applicable laws and regulations.

3.0 PRICE AND PRICE-RELATED FACTORS

a. Price. As stated in FAR Part 14.408-2, the Contracting Officer will determine that the prices offered are balanced, complete, and fair and reasonable before awarding the contract. The Government will evaluate price using one or more of the price analysis techniques in FAR sub-part 15.404-1(b).

b. Price-Related Factors. In accordance with FAR 14.201-8, the following Price-Related Factors shall be evaluated prior to award as applicable: Changes made, or requested by the bidder, in any of the provisions of the invitation for bid, if the change does not constitute a ground for rejection under FAR Part 14.404.

4.0 EVALUATION OF BIDS

a. For award purposes, the Government will calculate and evaluate each Bidder’s Base Year Total Evaluated Price (BYTEP), which will not obligate the Government to place orders totaling this amount.

b. Options. Since the option year prices are determined using the Construction Cost Index (CCI) for the month in which an option is exercised, Bidders are not required to provide pricing for the option years in their bids. Evaluation of options will not obligate the Government to exercise any available option.

c. A Bidder’s prices will be determined by adding all of the extended line item prices in the Price List, TE1, to determine the total evaluated price. Since option years’ prices will be determined using the CCI, the Price List will increase or decrease based upon that published factor from one option period to the next.

W911S823B0003

Thus, the evaluation of the BYTEP results in the same outcome as evaluating the total price consisting of the base year, all the option years, and ½ of the 4th option period, since each option year would equal the base year’s price. Therefore, evaluating the BYTEP satisfies the requirement to evaluate all of the option periods and the Government’s evaluation of its option to extend services in accordance with FAR clause 52.217-8.

d. Unbalanced pricing may be evaluated in accordance with FAR sub-part 15.404-1(g), as applicable, to assess potential performance risk that could result in unreasonably high prices.

(End of Section)

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-22 Alternative Line Item Proposal JAN 2017 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 52.222-5 Construction Wage Rate Requirements--Secondary Site of the

Work

MAY 2014

52.225-10 Notice of Buy American Requirement--Construction Materials

MAY 2014

52.228-1 Bid Guarantee SEP 1996 252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements MAR 2022

CLAUSES INCORPORATED BY FULL TEXT

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Fixed-Price, Indefinite Delivery contract resulting from this solicitation.

(End of provision)

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, Angela Chaplinski, by obtaining written and dated acknowledgment of receipt from anglea.k.chaplinski.civ@army.mil.

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

52.252-1 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):

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

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

(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 Supplement (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

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

52.204-3 Taxpayer Identification OCT 1998 52.209-5 Certification Regarding Responsibility Matters AUG 2020 52.209-11 Representation by Corporations Regarding Delinquent Tax

Liability or a Felony Conviction under any Federal Law

FEB 2016

52.209-13 Violation of Arms Control Treaties or Agreements -- Certification

NOV 2021

52.222-22 Previous Contracts And Compliance Reports FEB 1999 52.222-38 Compliance With Veterans' Employment Reporting

Requirements

FEB 2016

252.203-7005 Representation Relating to Compensation of Former DoD Officials

SEP 2022

252.204-7008 Compliance With Safeguarding Covered Defense Information Controls

OCT 2016

252.204-7016 Covered Defense Telecommunications Equipment or Services -- Representation

DEC 2019

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

MAY 2021

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (DEC 2022)

(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 that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees if the acquisition--

(i) Is set aside for small business and has a value above the simplified acquisition threshold;

(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(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, Alternates I, and II). This provision applies to solicitations when the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).

(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.

(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.

(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).

(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 products or commercial services.

(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 II and III.)

This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $50,000, the basic provision applies.

(B) If the acquisition value is $50,000 or more but is less than $92,319, the provision with its Alternate II applies.

(C) If the acquisition value is $92,319 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.]

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

(ii) 52.204-20, Predecessor of Offeror.

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

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

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

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

(vii) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

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

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

FAR Clause Title Date Change

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

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-- Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that--

(1) It [ ___ ] will, [ ___ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--

It [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT

2020)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(c) Representations.

(1) The Offeror represents that it [ ___ ] does, [ ___ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS--

REPRESENTATION (NOV 2015)

(a) Definitions. Inverted domestic corporation and subsidiary have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10).

(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.

(c) Representation. The Offeror represents that--

(1) It [ ___ ] is, [ ___ ] is not an inverted domestic corporation; and

(2) It [ ___ ] is, [ ___ ] is not a subsidiary of an inverted domestic corporation.

52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (DEVIATION 2023-O0002) (DEC 2022)

(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, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300.