W911SA22B2005 Solicitation-released.docx

W911SA22B2005

Section 00010 - Solicitation Contract Form

CONSTRUCT PRFTA PARKING LOT

FFP

PROVIDE ALL PARTS, LABOR, TOOLS, EQUIPMENT, MATERIALS, TRANSPORTATION AND SUPERVISION NECESSARY TO CONSTRUCTION PARKING LOT AT BLDG 659, PRFTA, ALAMEDA COUNTY, CA 94568 IN ACCORDANCE WITH THE STATEMENT OF WORK, DRAWINGS AND CONTRACT DOCUMENTS.

FOB: Destination

PURCHASE REQUEST NUMBER: 0011734760

PSC CD: Z2AZ

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

FORT HUNTER LIGGETT

232 CALIFORNIA AVE

JOLON, CA CA 93828

FOB: Destination

W81WYN

Section 00100 - Bidding Schedule/Instructions to Bidders

SUPPLEMENTAL INFORMATION

Contract Specialist:

Kelly Gordon Phone: 608-388-4617 E-mail: kelly.j.gordon.civ@army.mil

Contracting Officer:

Steve Bailey Phone: 608-388-6077 Email: steven.m.bailey2.civ@army.mil

In response to the COVID-19 pandemic and the President’s declaration of a National Emergency concerning COVID-19 on 13 March 2020, MICC Ft McCoy is following the recommended safety guidelines imposed by the World Health Organization (WHO) and the Centers for Disease Control and Prevention (CDC) to mitigate the spread of COVID-19, therefore, the procedures for bid submission and public bid openings are hereby changed as detailed in the following paragraphs.

Please note: The time the Bid is due is different from the time of the Public Bid Opening. This will allow time for bids to be downloaded from SAFE in order to be read aloud during the Public Bid Opening teleconference. Late Bids received after the Bid Due date/time will not be considered for award; even if they are received before the Public Bid Opening. Screen Shots of the SAFE submission will be taken to confirm each contractor bid was received by the bid due date/time.

Bid Due Date: 19 April 2022 Bid Due Time: 1:00 PM CDT Bid Opening Time: 3:00 PM CDT

Bid Due Time and Bid Opening Time is in Central Time Zone.

DUNS ________________________________________

TAXPAYER ID # _______________________________

CAGE CODE__________________________________

This solicitation is a 100% Small Business set-aside under NAICS code 238990 with a size standard of $16.5 Million.

CONTRACT MAGNITUDE: The magnitude of this contract is between $500,000 and $1,000,000.

Any questions concerns, verification or clarification of information of the documents included in the solicitation package shall be submitted in writing and submitted to the Contract Specialist identified herein no later than 11:00 AM, CDT on 01 April 2022. Include in the subject line of the email the Government’s solicitation number; failure to do so will lessen the Government’s ability to ensure all questions are considered during the bidding process. Provide your company name, POC and contact information in the body of the email. Please submit questions in the body of the email. There is no need for a specific form or using an RFI form for question submission. All questions will be answered via an amendment to the solicitation. To expedite the processing of the answers to the questions, please do not submit questions in any other format than in the body of the email.

SITE VISIT: In response to the COVID-19 pandemic and the President’s declaration of a National Emergency concerning COVID-19 on 13 March 2020, MICC Ft McCoy is following the recommended safety guidelines imposed by the World Health Organization (WHO) and the Centers for Disease Control and Prevention (CDC) to mitigate the spread of COVID-19, therefore, the procedures for Site Visits are hereby changed as detailed in the following paragraphs.

1. RSVP for site visit are required 48 hours before the site visit, if the site visit is on Tuesday, all site visit RSVPs are due on the preceding Friday– Please email the Contract Specialist if your company will be attending and how many people from your firm will be attending. – please include the solicitation number in the subject line of the email and the words “site visit”.

2. The names of people who are projected to attend, may change, especially due to any COV19 symptoms, we are not collecting people’s names, but rather the quantity of people who are attending. We will be limiting the groups to 10 at a time, therefore there will be staggering of groups if necessary.

3. Two people per firm are allowed to attend the site visit only; this includes any subcontractors who wish to attend. A Prime contractor can bring a subcontractor but then they have met their two person limit. Please clarify in your email to the Contract Specialist, how many people will be attending.

4. Face masks must be worn by all attending parties, we will not be providing face masks, ensure you bring one with you.

5. Six feet social distancing space to be accommodated at all times.

6. Bathrooms are accessible before and after the site visit for hand washing

7. Violation of these rules will be grounds for the person to be removed from the site visit

These ground rules will be followed by all attending the site visit and those conducting the site visit. This is to ensure the safety of the entire acquisition team, including the people attending and conducting the site visits. These measures ensure that all parties are following the CDC Guidelines to prevent the spread of COVID-19. If you have any symptoms or are unsure of your COVID-19 status, please do not attend the site visit. Please follow CDC Guidelines for self isolation if you have any symptoms as identified by the CDC.

Please ensure you arrive early enough to gain access to the installation prior to the beginning of the site visit. Late arrivals will not be accommodated nor will any additional site visits be scheduled.

Please utilize the time before the site visit to become familiar with the documents.

Questions are not answered at the site visit. All questions are to be emailed to the Contract Specialist by the deadline. All questions will be answered via an amendment posted to beta.sam.gov. Your firm does not have to attend the site visit to submit a bid on this requirement.

Please ensure before your firm submits a bid, that you check beta.sam.gov for all amendments and updated documents. Wage Determinations are updated 10 days before the Bid Opening Date.

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 www.sam.gov

SYSTEM for AWARD MANAGEMENT (SAM) REGISTRATION: An Active 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 actively registered, please register in the SAM database at www.sam.gov If your company is currently registered and close to expiring, begin/complete the process for SAM registration renewal.

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

a. Whether your company is a current or new registrant in the SAM database, your registration must indicate that you are a provider of NAICS 238990, or a NAICS of similar business size, under the Goods – Services section of the registration to be eligible to receive a contract for this solicitation.

b. If the prospective awardee for this request for quotes is not actively registered in the SAM database by close of solicitation, including NAICS 238990, or a NAICS of similar business size, under the Goods –Services section, depending on mission requirements, the government reserves the right to proceed to award to the next otherwise successful actively registered offeror.

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

VETS-4212 Registration: You shall register on the VETS-4212 site to be considered for award. http://www.dol.cov/vets/vets-4212.html if you have a Government contract or subcontract in the amount of $150,000 or more that was entered into or modified on or after December 1, 2003.

ATTACHMENTS: All referenced documents for this solicitation are available at the Government Point of Entry at https://sam.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.

W911SA22B2005 Attachment 1 AT OPSEC W911SA22B2005 Attachment 2 SOW W911SA22B2005 Attachment 3 CD115a W911SA22B2005 Attachment 4 CG111a W911SA22B2005 Attachment 5 CG113a W911SA22B2005 Attachment 6 CG115a W911SA22B2005 Attachment 7 CG501 W911SA22B2005 Attachment 8 CS111a W911SA22B2005 Attachment 9 CS113a W911SA22B2005 Attachment 10 CS115a W911SA22B2005 Attachment 11 CS501 W911SA22B2005 Attachment 12 CS502 W911SA22B2005 Attachment 13 CS503 W911SA22B2005 Attachment 14 CS504 W911SA22B2005 Attachment 15 V-115 W911SA22B2005 Attachment 16 SF 24 - Sample W911SA22B2005 Attachment 17 Wage Determination

EVALUATION OF BIDS

BASIS OF AWARD

This requirement 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.

EVALUATION CRITERIA

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

a. Evaluations will be conducted on the total price.

b. RESPONSIVENESS 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 Signature

· Acknowledgement (if any) of all Material Amendments,

· 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 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 electronic bid through DoD Secure Access File Exchange (SAFE) (https://safe.apps.mil) will be the only accepted method for submission of bids for this solicitation.

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

INSTRUCTIONS TO BIDDERS

In response to the COVID-19 pandemic and the President’s declaration of a National Emergency concerning COVID-19 on 13 March 2020, MICC Ft McCoy is following the recommended safety guidelines imposed by the World Health Organization (WHO) and the Centers for Disease Control and Prevention (CDC) to mitigate the spread of COVID-19, therefore, the procedures for bid submission and public bid openings are hereby changed as follows.

Bid Submission: Due to the current COVID-19 public health crisis, electronic bids submitted through DoD Secure Access File Exchange (SAFE) (https://safe.apps.mil) will be the only accepted method for submission of bids for this solicitation. Traditional paper bids will not be accepted. Non-CAC users will not have the capability to upload proposals or documents without a Drop-Off request. Offerors must send an email to the Contract Specialist at kelly.j.gordon.civ@army.mil to receive a Drop-Off request; please include the solicitation number in the subject line of the email. Once the Offeror receives the Drop-Off request, the Drop-Off can only be accessed for a period of 14 days to upload files. We request that you submit your request for a Drop-Off no sooner than two to three days prior to the submission due date because all uploaded files will be automatically deleted from DoD SAFE 7 days after upload. Offeror's are reminded to allow sufficient time for their submittals' files to upload, transmit, and timestamp. Therefore, waiting until the last minute to attempt transmission of your proposal could result in your submittal being deemed late should the website encounter performance or technical issues.

Public Bid Openings: Due to the current COVID-19 public health crisis, the Public Bid Opening for this solicitation will be conducted via teleconference. To attend the Public Bid Opening teleconference, any interested party must submit an email request to the Contract Specialist (kelly.j.gordon.civ@army.mil) prior to the Bid Due Time in order to access the teleconference. The Contract Specialist will provide you the phone number and attendee passcode for attendance. Once the teleconference has begun, no access information will be distributed, and no information will be repeated for late attendees.

The public bid opening will occur one hour after the due date and time specified for bids in order to facilitate the transfer bid submission via DoD SAFE to the MICC as well as set up the teleconference call.

Please note: The time the Bid is due is different from the time of the Public Bid Opening. This will allow time for bids to be downloaded from DoD SAFE in order to be read aloud during the Public Bid Opening teleconference. Late Bids received after the Bid Due date/time will not be considered for award; even if they are received before the Public Bid Opening. Screen Shots of the DoD SAFE submission will be taken to confirm each contractor bid was received by the bid due date/time.

Bid abstracts and Screen Shots of the DoD SAFE submission will be posted on sam.gov at the conclusion of the Public Bid Opening Teleconference.

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.

1. BID PREPARATION INSTRUCTIONS

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.

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

2. SUBMISSON OF OFFER CONTENT

The Bid Package shall be submitted containing the following items:

Standard Form 1442, Solicitation Offer and Award. 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.

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

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

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

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

Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

Registered in the System for Award Management (SAM) means that--

(1) The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14) into SAM;

(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of Contact sections of the registration in SAM;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record ``Active''.

Unique entity identifier means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

(b)(1) An Offeror is required to be registered in SAM when submitting an offer or quotation, and shall continue to be registered until time of award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation ``Unique Entity Identifier'' followed by the unique entity identifier that identifies the Offeror's name and address exactly as stated in the offer. The Offeror also shall enter its EFT indicator, if applicable. The unique entity identifier will be used by the Contracting Officer to verify that the Offeror is registered in SAM.

(c) If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for establishment of the unique entity identifier directly to obtain one. The Offeror should be prepared to provide the following information:

(1) Company legal business name.

(2) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(3) Company physical street address, city, state, and Zip Code.

(4) Company mailing address, city, state and Zip Code (if separate from physical).

(5) Company telephone number.

(6) Date the company was started.

(7) Number of employees at your location.

(8) Chief executive officer/key manager.

(9) Line of business (industry).

(10) Company headquarters name and address (reporting relationship within your entity).

(d) Processing time should be taken into consideration when registering. Offerors who are not registered in SAM should consider applying for registration immediately upon receipt of this solicitation. See https://www.sam.gov for information on registration.

(End of Provision)

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.

(End of provision)

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a single award, firm fixed price contract resulting from this solicitation.

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 Alameda County, CA.

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 Pre-Award 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-- 28 March 2022 @ 10:00 AM Local Time

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

(End of provision)

Section 00600 - Representations & Certifications

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (NOV 2021)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 238990.

(2) The small business size standard is $16.5 Million.

(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 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.

(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 will be performed in the United States or its outlying areas.

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

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

(xvi) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial 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 I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3.

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

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

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

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

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

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

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

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

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

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

X (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.

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

(vii) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

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

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

FAR Clause Title Date Change

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

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

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

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

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

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

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

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

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

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

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

(i) In a criminal proceeding, a conviction.

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

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

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

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

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

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

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

52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS--CERTIFICATION (NOV 2021)

(a) This provision does not apply to acquisitions at or below the simplified acquisition threshold or to acquisitions of commercial products and commercial services as defined in Federal Acquisition Regulation 2.101.

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

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