W911SA-16-B-0006_Final_Solicitation.docx

W911SA-16-B-0006

Section 00010 - Solicitation Contract Form

EQUIPMENT PADS BASE YEAR

FFP

PROVIDE ALL PARTS, LABOR, TOOLS, EQUIPMENT, MATERIALS, TRANSPORTATION, AND SUPERVISION NECESSARY TO CONSTRUCT NEW OR REPAIR EXISTING EQUIPMENT PADS IN THE COMMEMORATIVE AREA, FORT MCCOY, WISCONSIN IN ACCORDANCE WITH THE SPECIFICATIONS, DRAWINGS, AND CONTRACT DOCUMENTS. THE PRICE SHOWN ON THE CLIN SHALL BE A CUMULATIVE TOTAL FOUND ON CLIN 0001 OF THE BASE YEAR TAB OF ATTACHMENT 1, BID SCHEDULE.

FOB: Destination

PURCHASE REQUEST NUMBER: 0010608937-0001

NET AMT

EQUIPMENT PADS OPTION YEAR 1

PROVIDE ALL PARTS, LABOR, TOOLS, EQUIPMENT, MATERIALS, TRANSPORTATION, AND SUPERVISION NECESSARY TO CONSTRUCT NEW OR REPAIR EXISTING EQUIPMENT PADS IN THE COMMEMORATIVE AREA, FORT MCCOY, WISCONSIN IN ACCORDANCE WITH THE SPECIFICATIONS, DRAWINGS, AND CONTRACT DOCUMENTS. THE PRICE SHOWN ON THE CLIN SHALL BE A CUMULATIVE TOTAL FOUND ON CLIN 1001 OF OY1 TAB OF ATTACHMENT 1, BID SCHEDULE.

NET AMT

EQUIPMENT PADS OPTION YEAR 2

PROVIDE ALL PARTS, LABOR, TOOLS, EQUIPMENT, MATERIALS, TRANSPORTATION, AND SUPERVISION NECESSARY TO CONSTRUCT NEW OR REPAIR EXISTING EQUIPMENT PADS IN THE COMMEMORATIVE AREA, FORT MCCOY, WISCONSIN IN ACCORDANCE WITH THE SPECIFICATIONS, DRAWINGS, AND CONTRACT DOCUMENTS. THE PRICE SHOWN ON THE CLIN SHALL BE A CUMULATIVE TOTAL FOUND ON CLIN 2001 OF THE OY2 TAB OF ATTACHMENT 1, BID SCHEDULE.

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

01-MAR-2017

FORT MCCOY

2171 SOUTH 8TH AVE

FORT MCCOY WI 54656

W81TMH

01-MAR-2018

W81TMH

01-MAR-2019

W81TMH

Section 00100 - Bidding Schedule/Instructions to Bidders

SUPPLEMENTAL INFORMATION

1) GOVERNMENT POC INFORMATION:

Contract Specialist: Jamie Gregar Email: jamie.j.gregar.civ@mail.mil Phone: 608-388-1007

2) CONTRACTOR POC INFORMATION:

Name: _____________________________________

E-mail _____________________________________

DUNS______________________________________

CAGE CODE________________________________

TAXPAYER ID #_____________________________

3) CONTRACT INFORMATION

a. CONTRACT TYPE: This will be a single award Firm Fixed Price Requirements type contract. This contract will be awarded for a base year and 2 one-year option periods and an option to extend services for up to 6 months. It is the unilateral right of the Government to exercise the option year(s) of this contract.

b. GUARANTEED MINIMUM AND MAXIMUM: The Government reserves the right to order the maximum quantities, set forth in the bid schedule (Attachment 1) and is not obligated to order a minimum quantity. All line items and quantities are tentative and will be subject to a quantity determination meeting between the awardees and a government employee. The maximum quantities available for the life of this contract will be the cumulative total of the base year plus the option years as well as the tentative six month 30% increase.

c. FUNDING: In accordance with FAR 52.232-18; Availability of Funds: FY16 funds are not presently available for this solicitation and resultant contract.

d. SUBMISSION DEADLINE FOR QUESTIONS: Any questions, concerns, verification or clarification of information on the documents included in the solicitation package shall be submitted in writing to the Government POC’s NLT 10:00 AM Central Time on January 15, 2016. Include in the subject line of the email the Government’s solicitation number.

4) SITE VISIT

a. A site visit is scheduled for January 12, 2016 at 10:00 AM Local time in Bldg 1108 S R Street, Fort McCoy, WI. The POC for the project is Jamie Gregar, 608-388-1007. This will be the only site visit conducted, requests for additional site visits will be denied.

For additional Site Visit information, see Site Visit clause 52.236-27, Alternate 1. Unless you already have a permanent vehicle pass, you will be required to obtain a one-day vehicle pass to gain access to Fort McCoy. You will be required to present the following information at the Gate to obtain a visitors pass: (1) vehicle registration, (2) valid driver’s license, (3) or car rental agreement (if applicable). It is highly recommended that bidders plan to arrive at the Visitor’s Center at least an hour prior to the scheduled time for the site visit. The conference will begin promptly without considerations for late or lost bidders; no subsequent site visits will be considered. Remarks, explanations and answers provided by Government representatives before, during and after the site visit shall not change or qualify any of the terms or conditions of the solicitation. The solicitation can only be changed by a formal written amendment issued by the Fort McCoy Contracting Office.

5) ORDERING/TASK ORDERS

a. The line item quantities listed in the Bid Schedule are for variable items which are to be purchased by the Government only after the specific need for the item has been identified. Once the basic contract is awarded, and for each task order, a pre-construction conference meeting and quantity determination will be scheduled. All of the items available for award will be reviewed by the government and contractor and the specific line items needed to complete the project will be inserted on a bid schedule. The government will prepare a separate bid schedule for each project and the total for all items ordered under that task order will be the price inserted in CLIN 0001 or the respective CLIN for the current option year, of the task order. The separate bid schedules will be included as part of the task order as back up documentation.

6) QUANTITY DETERMINATIONS

a. For this requirement, a joint site visit will not be required for every task order. Should the Government determine a joint site visit be required, the Government will notify the Contractor, verbally and/or in writing, of the requirement and establish a time for a joint site visit. At a time agreed upon, the Contractor and the designated Government representative shall visit the proposed work site to jointly determine quantities of the bid schedule items that will be required to complete the scope of work.

7) REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF BIDDERS

SYSTEM for AWARD MANAGEMENT (SAM) REGISTRATION: SAM Registration is required of all Department of Defense contractors. SAM registration enables electronic funds transfer of contract payments. If your company is not already registered, please register in the CCR database at https://www.sam.gov/

A DUNS number is required for SAM registration. If your company does not have DUNS #, obtain one by calling 800-333-0505.

Whether your company is a current or new registrant in the SAM database, your registration must indicate that you are a provider of NAICS 238190 under the Goods – Services section of the registration to be eligible to receive a contract for this solicitation. If the prospective awardee for this request for quotes is not registered in the SAM database with the NAICS code by close of solicitation, the government reserves the right to proceed to award to the next otherwise successful registered offeror.

In accordance with DPAP changes to reporting requirements under FAR 52.223-2, Affirmative Procurement of Bio-based Products under Service and Construction Contracts, contractors are now required to submit annual bio-based reports to the new reporting module in the System for Award Management (SAM). SAM can be accessed at https://www.sam.gov.

The “Equal Employment Opportunity Is the Law” notice (poster) referenced in FAR clause 52.222-26(b) (3), Equal Opportunity, is located at http://www.dol.gov/ofccp/regs/compliance/posters/ofccpost.htm

In accordance with FAR 22.404-10, the contractor must post a copy of the wage determination and Department of Labor Form WH-1321 in a prominent place where employees working on federal construction contracts can easily see it. The applicable wage determination is incorporated into the contract at Section H. The WH-1321 poster is located at http://www.dol.gov/compliance/guide/index.htm

8) BONDING/BID GUARANTEE

a. A Bid Bond/Guarantee is required if the bid amount exceeds $150,000 and shall be provided in the amount of twenty percent (20%) of the bid price for the base year or $3,000,000, whichever amount is less. (Bidders must use the Standard Form (SF) 24 if providing a bid bond as the bid guarantee)

b. The successful offeror will be required to provide Performance and Payment bonds for the original contract price for construction CLINs only (CLIN 0001), not including any options. Contract Awardee will have ten days after issuance of the contract to provide the required Bonds to the contracting office. The contracting office has five days to complete the review and notify the contractor if the bonds are not sufficient. Actual work on site may not begin until bonding approval has been received by the contractor. If bonds are returned because of contractor error, performance dates will not be revised.

9) REQUIREMENTS/DELIVERABLES

· Completed SF1442 with acknowledgement of all amendments

· Completed Attachment 1, Bid Schedule

· Bid Bond/Guarantee

10) CONTRACT MAGNITUDE: The magnitude of this contract is between $500,000 and $1,000,000 including the base period, two one-year option periods and possible six month extension with a 30% increase.

11) ATTACHMENTS: All referenced documents for this solicitation are available at the Government Point of Entry at http://www.fedbizopps.gov. Potential bidders are encouraged to subscribe for real-time e-mail notifications when information has been posted to the website for this solicitation.

Attachments listed below will be incorporated into the resultant contract.

Number Document Title

EVALUATION OF BIDS

BASIS OF AWARD

This requirement for replacing or construction of equipment pads at the commemorative area in Fort McCoy shall be awarded utilizing Sealed Bidding Procedures in accordance with Federal Acquisition Regulation (FAR) Part 14, as supplemented by the Defense Federal Acquisition Regulation Supplement (DFARS), and the Army Federal Acquisition Regulation Supplement (AFARS). Award will be made with reasonable promptness to the responsible bidder submitting the lowest responsive bid in accordance with requirements and provisions herein.

The Government will evaluate proposed prices for balanced and reasonable pricing, using price analysis techniques. Proposed prices evaluated as unreasonable or unbalanced may be grounds for eliminating the bid from award eligibility.

EVALUATION CRITERIA

The Government will evaluate bids received in response to this solicitation solely on the basis of price and price related factors.

a. RESPONSIVNESS OF BID. For a bid to be determined responsive and considered for award, the bid must comply in all material respects with the invitation for bids. Such compliance enables bidders to stand on an equal footing, and maintain integrity of the sealed bidding system (Subpart 14.301).

In order to be considered responsive the Bidder:

· Properly signed SF 1442, with Original Signature

· Acknowledgement (if any) of all Material Amendments,

· Fully completed Attachment 1 - Bid Schedule.

· Shall not qualify the terms and conditions of the solicitation in the submitted bid

· Shall comply with the instructions of the solicitation.

· A Bid Bond/Guarantee is required and shall be provided in the amount of twenty percent (20%) of the bid base year price or $3 Million whichever is less. (Bidders must use the Standard Form (SF) 24 if providing a bid bond as the bid guarantee)

· Shall submit a complete sealed bid package prior to the cutoff for receipt of bids

Non-Responsive bids will not be considered for contract award.

b. PRICE EVALUATION. Unit Prices will be evaluated to determine if they are reasonable, complete and balanced. The price analysis techniques in 15.404-1 (b) may be used as guidelines as per guidance provided in Subpart 14.408-2 to determine reasonableness of price. If adequate price competition is not obtained or if price reasonableness cannot be determined using price analysis of Government obtained information, additional information may be required from the bidder to support the proposed price.

i. Total Evaluated Price: The total evaluated price will be a single numeric value, not to exceed 2 decimal places, calculated by the Government, that represents a single value which will be the value used to determine the lowest price and apparent winning bid. The steps and formulas utilized to calculate the Total Evaluated Price are as follows:

a. Contractor fully completes the Attachment 1 - Bid Schedule required information, all values are not to exceed 2 decimal places. (Required fields Highlighted within Attachment 1 document)

b. Attachment 1 Document will automatically calculate all other required figures utilizing the following formulas:

NOTE: There will be three year totals one for the base year and each of the two options years.

Total Evaluated Price= (Offeror's Total Price)

ii. Balanced Pricing: Offerors are cautioned against submitting a bid that contains unbalanced pricing. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more contract line items (including Base and Option Years) is significantly overstated or understated as indicated by the application of price analysis techniques. Offers that are determined to be unbalanced may be rejected if the lack of balance poses an unacceptable risk to the Government.

iii. Definitions:

Reasonableness. A price is reasonable if, in its nature and amount, it does not exceed that which would be incurred by a prudent person in the conduct of competitive business.

Completeness/Accuracy. The offeror’s bid is in compliance with the Price instructions in the solicitation.

c. INCREASED QUANTITIES. There is a reasonable expectation that the option quantities will be exercised during the 3 year performance period. There will be a limit on quantities of 30% of the value of the full award. The Government would incur undue expenditures if required to solicit for this additional quantity. The contractor will not incur undue risks as it is anticipated that the market prices for the materials and labor will not fluctuate substantially during the three year period. A notice will be given prior to the expiration of the contract exercising this option. The total value exercised IAW FAR 52.217-6 shall not exceed 30% of the value of the total award.

In accordance with FAR 52.217-6, should the need for additional quantities arise the Government may exercise it its right to increase quantities in accordance with 52.217-6 (see 700 section). The schedule being used at the time of exercising of the option will dictate the unit price to be used under the clause, in other words if the option for increased during option period three the unit prices in option period price schedule will be used.

The government will not evaluate its option to extend services (see FAR Clause 52.217-8) as part of price evaluation. This option is only intended to extend the ordering period for any quantities not used, not add additional quantity and only will be evaluated based on extending the period of performance. Offerors are required only to price the base and option periods. Offerors shall not submit a price for the potential six month extension of services period (see FAR Clause 52.217-8) The Government may choose to exercise the Extension of Services at the end of any performance period, utilizing the rates of that performance period.

INSTRUCTIONS TO BIDDERS

1. BID SUBMISSION

a. Bid shall be submitted prior to offeror due date and time as identified on the Standard Form 1442 Block 13, to the following address:

Mission and Installation Contracting Command (MICC) – Ft. McCoy ATTN: Jamie Gregar 1108 South R Street Fort McCoy, WI 54656

b. Bid shall be submitted in a sealed envelope with the following information on the outside: Solicitation Number, Contract Specialist Name, Date and Time of Bid Opening, and bidders name and address. Please do not count the shipping/mailing envelope/box as your sealed envelope. Shipment packaging shall be able to be removed and still maintain the integrity of the sealed bid package.

c. Bids MUST be submitted via mail or hand carried to the MICC – Ft. McCoy Office to be received and time stamped prior to the due date and time listed on the Standard Form 1442 Block 13. Bids received after this date and time, or bids received via fax or email will be considered ineligible for award.

d. The bidder’s failure to include information required by this solicitation may result in the bid submission being found non-responsive and may therefore be ineligible for award.

2. BID PREPARATION INSTRUICTIONS

a. The bidder’s documentation specified below will constitute the Bidder's acceptance of the terms and conditions of the IFB, proposed contract type, and concurrence with the Specifications and other applicable documents.

b. All referenced documents for this solicitation are available at the Government Point of Entry at http://www.fedbizopps.gov. Potential bidders are encouraged to subscribe for real-time e-mail notifications when information has been posted to the website for this solicitation.

c. The bidder shall provide one (1) hard copy and one (1) electronic copy of all submission requirements. Electronic copy shall be submitted on a CD-ROM. Attachment 1 - Bid Schedule shall be in Excel format and the remainder of the documents may be in Microsoft Word, PowerPoint, Excel and/or Adobe PDF format.

3. SUBMISSON OF OFFER CONTENT

The Bid Package shall be organized as follows:

TAB A - Standard Form 1442, Solicitation Offer and Award. The bidder is cautioned that the SF 1442 must contain an original signature on the form in Block 14. The Contractor shall acknowledge any amendments to the IFB in accordance with the instructions on the SF 1442. The bidder shall provide the name, title and telephone number of the company/division point of contact regarding decisions made with respect to your submission and who can obligate your company contractually. Also, identify those individuals authorized to negotiate with the Government.

TAB B – Bid Submission. The bidder shall ensure that Attachment 1 Bid Schedule is completely filled out and information is accurate. The spreadsheet contains sheet tabs one for the base and each option year, so ensure all years are completed.

Within Attachment 1 the bidder shall provide a Unit Price, not to exceed 2 decimal places, for each item on the Bid Schedule for the base and each option year. The Attachment 1 document will automatically perform all calculations needed to arrive at the Total Evaluated Price. No Bid for a quantity less than that specified in the Bid Schedule will be accepted. Failure to provide complete pricing information within Attachment 1 shall render the bid non-responsive, and may eliminate the bidder from competition

Bidders are required to consider inflationary factors and market trends in developing unit prices for items listed in the option years; no separate economic price adjustment clause will be used under this contract. All prices bid in response to this solicitation must include all costs associated with the conduct of this requirement, construction, and delivery work elements, applicable State sales taxes, permits, and licensure. Unit Prices also must include the overall project management, superintendence and quality control necessary for the planning and execution of multiple work requirements conducted simultaneously throughout each performance period.

The bid schedule, Attachment 1, will be incorporated into the resultant contract and utilized by the Government in determining the value of issued task orders throughout the life of the awarded contract.

TAB C – Bid Bond/ Guarantee. This tab shall include the bid bond.

A Bid Bond is required and shall be provided in the amount of twenty percent (20%) of the base year total or $3,000,000 whichever is less.

NOTE: Only the Awardee will be required to provide Performance and Payment (P&P) Bonds at the task order level, as is stated in this solicitation, P&P Bonds are not required to accompany the contractors bid.

TAB D – Additional/Supplemental Information. This tab shall contain all other required information requested throughout this solicitation and any additional supplemental information. This includes but is not limited to Fill-In Provisions/Clauses and any additional supporting documentation the bidder provides at their discretion.

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.216-1 TYPE OF CONTRACT (APR 1984)

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

(End of provision)

52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS--SECONDARY SITE OF THE WORK (MAY 2014)

(a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements,of this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.

(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.

(2) The due date for receipt of offers will not be extended as a result of an offeror's request for a wage determination for a secondary site of the work.

52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction,'' and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the --

(1) Name, address, and telephone number of the subcontractor;

(2) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is Fort McCoy in Monroe County Wisconsin.

52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT--CONSTRUCTION MATERIALS (MAY 2014)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American --Construction Materials” (Federal Acquisition Regulation (FAR) clause 52.225-9).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers.

(1) When an offer includes foreign construction material not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested--

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

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, Construction Installation Contracting Officer, 1108 South R Street, Fort McCoy, WI 54656-5153

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

52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) – ALTERNATE I (FEB 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) An organized site visit has been scheduled for--

January 12, 2016 at 10:00AM local time.

(c) Participants will meet at--

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

http://farsite.hill.af.mil/

(End of provision)

Section 00600 - Representations & Certifications

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 238190.

(2) The small business size standard is $15,000,000.

(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 is not included in this solicitation, and the offeror is currently registered in System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, 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) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(iv) 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.

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

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

(vii) 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.

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

(ix) 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.

(x) 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.

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

(xii) 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.

(xiii) 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.

(xiv) 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.

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

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

(xvii) 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 $79,507, the provision with its Alternate II applies.

(D) If the acquisition value is $79,507 or more but is less than $100,000, the provision with its Alternate III applies.

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

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

(xx) 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.

(xxi) 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 certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.] XXX (i) 52.204-17, Ownership or Control of Offeror.

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

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

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

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

(vi) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

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

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

FAR Clause Title Date Change

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

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JULY 2013)

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

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means--

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in--

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7).

252.204-7007 ALTERNATE A, ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2015)

Substitute the following paragraphs (d) and (e) for paragraph (d) of the provision at FAR 52.204-8:

(d)(1) The following representations or certifications in the System for Award Management (SAM) database are applicable to this solicitation as indicated:

(i) 252.209-7003, Reserve Officer Training Corps and Military Recruiting on Campus--Representation. Applies to all solicitations with institutions of higher education.

(ii) 252.216-7008, Economic Price Adjustment--Wage Rates or Material Prices Controlled by a Foreign Government. Applies to solicitations for fixed-price supply and service contracts when the contract is to be performed wholly or in part in a foreign country, and a foreign government controls wage rates or material prices and may during contract performance impose a mandatory change in wages or prices of materials.

(iii) 252.222-7007, Representation Regarding Combating Trafficking in Persons, as prescribed in 222.1771. Applies to solicitations with a value expected to exceed the simplified acquisition threshold.

(iv) 252.225-7042, Authorization to Perform. Applies to all solicitations when performance will be wholly or in part in a foreign country.

(v) 252.225-7049, Prohibition on Acquisition of Commercial Satellite Services from Certain Foreign Entities--Representations. Applies to solicitations for the acquisition of commercial satellite services.

(vi) 252.225-7050, Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism. Applies to all solicitations expected to result in contracts of $150,000 or more.

(vii) 252.229-7012, Tax Exemptions (Italy)--Representation. Applies to solicitations when contract performance will be in Italy.

(viii) 252.229-7013, Tax Exemptions (Spain)--Representation. Applies to solicitations when contract performance will be in Spain.

(ix) 252.247-7022, Representation of Extent of Transportation by Sea. Applies to all solicitations except those for direct purchase of ocean transportation services or those with an anticipated value at or below the simplified acquisition threshold.

(2) The following representations or certifications in SAM are applicable to this solicitation as indicated by the Contracting Officer: [Contracting Officer check as appropriate.]

XXX (i) 252.209-7002, Disclosure of Ownership or Control by a Foreign Government.

____ (ii) 252.225-7000, Buy American--Balance of Payments Program Certificate.

____ (iii) 252.225-7020, Trade Agreements Certificate.

____ Use with Alternate I.

XXX (iv) 252.225-7031, Secondary Arab Boycott of Israel.

____ (v) 252.225-7035, Buy American--Free Trade Agreements--Balance of Payments Program Certificate.

____ Use with Alternate I.

____ Use with Alternate II.

____ Use with Alternate III.

____ Use with Alternate IV.

____ Use with Alternate V.

(e) The offeror has completed the annual representations and certifications electronically via the SAM Web site at https://www.acquisition.gov/. After reviewing the SAM database 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 FAR 52.204-8(c) and paragraph (d) 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 provision 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.

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

252.209-7991 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW—FISCAL YEAR 2016 APPROPRIATIONS (DEVIATION 2016-O0002) (OCT 2015)

(a) In accordance with section 101(a) of the Continuing Appropriations Act, 2016 (Pub. L. 114-53) and any subsequent FY 2016 appropriations act that extends to FY 2016 funds the same restrictions as are contained in sections 744 and 745 of division E, title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), none of the funds made available by this or any other Act may be used to enter into a contract with any corporation that—

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that—

(1) It is [ ___ ] is not [ ___ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability,

(2) It is [ ___ ] is not [ ___ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

Section 00700 - Contract Clauses