W911YP09B0001FireStation.doc

Section 00010 - Solicitation Contract Form

Replace Fire Station Phase I

FFP

Phase I includes the construction of a new fire station, approximately 22,630 square feet. Included in Phase I is a Physical Training Area (Gym), bunk rooms, control/alarm room, administrative and office areas, training room, kitchen, technical services areas, support space, vehicle bays and storage areas. Possible demolition of structures, parking, foundations and utilities located in the footprint of the new building are also included in Phase I.

The following clauses apply to this CLIN:

52.214-26, Audit and Records - Sealed Bidding (basic clause)

52.225-11, Buy American Act - Construction Materials under Trade Agreements

FOB: Destination

NSN: Y129-09-svs-A001

PURCHASE REQUEST NUMBER: F9N6CE9110A001

SIGNAL CODE: A

NET AMT

Mobility Processing and EOD Training

FFP

Phase II - RECOVERY (American Recovery and Reinvestment Act of 2009) STIMULUS.

USEB889585B

Phase II combines Explosive Ordnance Disposal (EOD) and Mobility Processing Center as an addition to the Fire Station Facility. Size of Phase II is 13,600 Square Feet. The EOD facility includes these functional areas: administrative, offices, secure training room, technical service areas, support space, vehicle bay and storage. The Mobility Processing Center functional areas include: briefing/holding auditorium, administrative, offices, secure vault, processing service areas, private interview rooms, support space, vehicle bay and storage.

The following clauses apply to this CLIN:

52.246 Alt I, Audit and Records - Sealed Bidding - Alternate I

52.225-23, Required Use of American Iron, Steel, and Other Manufactured Goods - Buy American Act - Construction Materials Under Trade Agreements

FOB: Destination

NSN: Y129-09-svs-A001

PURCHASE REQUEST NUMBER: F9N6CE9113A001

SIGNAL CODE: A

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

1000 NORTH 2270 WEST

SALT LAKE CITY UT 84116-2999

1000 NORTH 2270 WEST

SALT LAKE CITY UT 84116-2999

N/A

1000 NORTH 2270 WEST

SALT LAKE CITY UT 84116-2999

1000 NORTH 2270 WEST

SALT LAKE CITY UT 84116-2999

N/A

DELIVERY INFORMATION

BASE CIVIL ENGINEER

1000 NORTH 2270 WEST

SALT LAKE CITY UT 84116-2999

(801) 245-2514

FOB: Destination

F9N6CE

FOB: Destination

F9N6CE

TABLE OF CONTENTS

TABLE OF CONTENTS

SOLICITATION, OFFER AND AWARD SF 1442 and SF 1442 BACK

SECTION 00010 – PRICING SCHEDULE, NOTES

SECTION 00100 – INSTRUCTIONS, CONDITIONS and NOTICES TO BIDDERS

SECTION 00600 – REPRESENTATIONS AND CERTIFICATIONS

SECTION 00700 – CONTRACT CLAUSES

SECTION 00800 – SPECIAL CONTRACT REQUIREMENTS

SECTION 00010 NOTES

1. Instructions pertaining to site-visits and bid opening are located in Sections 00100.

2. Bidder’s attention is invited to the insurance requirement contained in this solicitation (FAR Clause 52.228-5 Insurance – Work on a Government Installation). Certification of the required coverage for the prime contractor shall be furnished prior to beginning work on this contract and the Contracting Officer may request evidence of the required insurance at any time during the life of the contract.

3. Reference DFARS Provision 252.236-7008, Contract Prices – Bidding Schedules – The term “Bidding Schedule” shall also be construed to mean “Offer Schedule” or “Schedule”. The terms “bid” and “offer”, and “bidder” and “offeror” shall be construed as having the same meaning in this solicitation and resulting contract.

4. CLIN 0001 Construction of a Composite Fire Station will be awarded as a separate contract from CLIN 0002 Mobility Processing and EOD Facility. Both Contracts shall be awarded to the same responsive and responsible Contractor whose total bid amount (CLIN 0001 and CLIN 0002) is the recorded lowest overall price.

5. CLIN 0002 shall be awarded in accordance with the American Recovery and Reinvestment Act of 2009 (Stimulus funding). Due to this regulation, both contracts and therefore both phases (I and II) shall remain separate when invoicing and submitting progress reports and schudules.

End of Section 00010

Section 00100 - Bidding Schedule/Instructions to Bidders

00100 - INSTRUCTIONS

Section 00100 INSTRUCTIONS, CONDITIONS, AND NOTICES TO BIDDERS

1. SCOPE

1.1. You are invited to submit a bid in response to our Invitation for Bid (IFB) W911YP-09-B-0001 entitled Construction of a Composite Fire Station Phase I and Mobility Processing and EOD Facility (Phase II), Project Numbers USEB889585 & (B), at the Utah Air National Guard Base. As a result of this solicitation, the Government intends to award two Firm Fixed Price (FFP) contracts resulting from this solicitation to the same responsible contractor whose bid proposal represents the best price.

1.2. Award will be a small business set-aside in accordance with FAR Clause 52-219-6.

2. NOTICE OF PRE-BID CONFERENCE / SITE VISIT

2.1.1. Pre-bid conferences / Site Visits will be conducted on 09 and 16 June 2009 at 0900 hours for the purposes of briefing on the proposal requirements and answering questions regarding this solicitation. These conferences will be held at the Base Civil Engineer’s Conference Room, 765 North 2200 West, Salt Lake City, Utah 84116. Interested Contractors are highly encouraged to attend the pre-bid conference of their choice.

2.1.2. Due to security conditions, all bidders must register to attend these conferences and site visits. Email the following information for all attendees to Diane Johnson and cc Larry Adams at the following addresses: diane.n.johnson@us.army.mil and larry.adams@ang.af.mil. Include Firm Name and Telephone Number

Visitor’s Name

Citizenship

2.1.3. This information must be provided in advance, not later than 3 business days prior to the meeting, in order to ensure access to the military base and conference site and ensure adequate seating for the conference attendees. Even if you have access to the base you must register to ensure adequate seating. The furnishing of the above information is voluntary; however, your failure to furnish all or part of the requested information may result in the Government’s denial of your access to the pre-bid conference. This information will be provided to the Base Security Forces who will authorize your entrance to the site.

2.1.4. Visitors must check in at the Utah Air National Guard Base’s Main Entry Gate. You will be required to present the following information, if requested, upon arrival: (1) Vehicle Registration, (2) Valid

Drivers License, (3) Proof of Insurance for Vehicle, (4) Safety Inspection and Car Rental agreement if applicable. Any of the above information furnished by you is protected under the Privacy Act and shall not be released unless permitted by law and/or you have consented to such.

2.1.5. Information provided at these conferences / site visits shall not qualify the terms and conditions of the solicitation and specifications. Terms of the solicitation and specifications remain unchanged unless the solicitation is amended in writing. If an amendment is issued, normal procedures relating to the acknowledgment and receipt of solicitation amendments shall apply.

2.1.6. A record of the conference shall be made and furnished to all prospective bidders via posting to our web site at http://www.nationalguardcontracting.org/Ebs/AdvertisedSolicitations.asp. The record will include minutes of the meeting, including questions (on a non-attribution basis) and answers.

3. FORMAL COMMUNICATION, BIDDER EXPLANATIONS

3.1. A Submit all questions by email to the contracting office at the address show below.

Subject Line: Reference No. W911YP-09-B-0001

Email: diane.n.johnson@us.army.mil and cc to larry.adams@ang.af.mil

3.2. Any explanation desired by an bidder regarding the meaning or interpretation of the solicitation, drawings, specifications, etc. must be requested in writing and with sufficient time allowed for a reply to reach bidders before bid opening.

3.3. All questions and requests for information (RFI) must be received NOT LATER THAN five working days prior to closing and will be posted not later than two working days prior to closing.

BIDDERS ARE STRONGLY ENCOURAGED TO SUBMIT QUESTIONS EARLY IN THIS

PROCESS.

3.4. Any interpretations made will be in the form of an amendment of the solicitation, drawings, specifications, etc., and will be furnished to all prospective bidders via posting to our web site at:

http://www.nationalguardcontracting.org/Ebs/AdvertisedSolicitations.asp

3.5. For security reasons, all potential bidders, plan rooms and printing companies are required to register in the Central Contractor Registration (CCR), http://www.ccr.gov/, and the Federal Business Opportunities website (FedBizOpps), https://fedbizopps.gov, in order to view or download the plans or drawings from the web site.

3.6. The right is reserved, as the interest of the Government may require, to revise or amend, the specifications or drawings or both prior to and/or after the date set for receipt of bids as necessary.

Such amendments, if any, will be announced by an amendment or amendments to this Invitation for Bid. All information relating to this IFB, including pertinent changes/amendments and information prior to the bid opening date will be posted on the following website:

http://www.nationalguardcontracting.org/Ebs/AdvertisedSolicitations.asp

3.7. Though every effort will be made to provide email notification when a change is posted such notification is NOT guaranteed and should not be expected. Bidders are strongly cautioned to check this site frequently and to “refresh” their web page to ensure they have the latest information.

4. HAND CARRIED BIDS

4.1. A bid repository is provided for hand carried bids and is located at Utah Air National Guard Base, Base Civil Engineer’s Building, 765 North 2200 West, Salt Lake City, Utah 84116. Hand carried bids may be turned in at bid opening.

4.2. Bidders are cautioned that approval to enter the base must be obtained prior to bid opening. Follow the procedures outlined in paragraph 2.1.4 for entry. Delays are probable at the entry point and should be accommodated for. Late receipt of bids due to base entry delays may not be deemed excusable and the Contracting Officer may declare the bid late and remove it from consideration.

5. WAGE DETERMINATION

5.1. Davis Bacon Wage Rates are applicable to this project. Current prevailing wage determination(s) at time of issuance of solicitation are UT080038, modification 3, dated 27 February 2009 and UT080095, modification 2, dated 19 December 2008.

5.2. In the event the current prevailing Wage Determination is changed by the Department of Labor prior to the bid opening date, the contracting officer will amend the solicitation to incorporate the new determination. If necessary, bidders will be permitted to amend their bids, and/or the bid opening date will be postponed. Should the wage rate change after bid opening, the contracting officer will award the contract and incorporate the updated Wage Determinations to be effective on the date of contract award. If the new wage determination changes any applicable wage rates, the contracting officer will equitably adjust the contract price for any increased or decreased cost of performance resulting from any changed wage rates. If the wage determination modification does not change any affected wage rates, then the provisions of FAR 22.404-5(b)(2)(ii) will apply.

5.3. Applicable wage rates can be found at http://www.wdol.gov

6. EXPENSES AND PRE-CONTRACT COSTS

This IFB does not commit the Government to pay costs incurred in preparation and submission of initial and subsequent bids or for other costs incurred prior to award of a formal contract.

7. REMOVAL OF SECTIONS AT TIME OF AWARD

Sections 00100, 00600 and all exhibits will be physically removed as a result of an award, but will be deemed to be incorporated by reference in that award.

8. INFORMATION REGARDING AVAILABILITY OF UTILITY SERVICES

8.1. It has been determined that all reasonable amounts of utilities, except telephones, where/if physically available, used in connection with this project will be furnished to the contractor without cost. The bidders will take this into consideration when computing its bid. (FAR Clause 52.236-14, Availability and Use of Utility Services)

9. CLAUSES

9.1. Clauses and provisions from the Federal Acquisition Regulation (FAR) and supplements thereto are incorporated in this document by reference and in full text. Those incorporated by reference have the same force and effect as if they were given in full text.

9.2. Clauses and provisions in this document may not appear in consecutive order.

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 contract resulting from this solicitation.

(End of provision)

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 State of Utah, Salt Lake County, Salt Lake City

(End of provision) 52.225-12 NOTICE OF BUY AMERICAN ACT REQUIREMENT-- CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (FEB 2009)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “designated country 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 Act-- Construction Materials Under Trade Agreements” (Federal Acquisition Regulation (FAR) clause 52.225-11).

(b) Requests for determination of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American Act 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 FAR clause 52.225-11 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American Act 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 Act, based on claimed unreasonable cost of domestic construction materials, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(4)(i) of FAR clause 52.225-11.

(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, other than designated country construction material, that is not listed by the Government in this solicitation in paragraph (b)(3) of FAR clause 52.225-11, the offeror also may submit an alternate offer based on use of equivalent domestic or designated country 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 FAR clause 52.225-11 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 FAR clause 52.225-11 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic or designated country construction material, and the offeror shall be required to furnish such domestic or designated country 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.

(End of provision)

52.225-24 NOTICE OF REQUIRED USE OF AMERICAN IRON, STEEL, AND OTHER MANUFACTURED GOODS—BUY AMERICAN ACT—CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (MAR 2009)

(a) Definitions.

“Construction material,” “domestic construction material,” “foreign construction material,” “manufactured construction material,” “Recovery Act designated country construction material,” “steel,” and “unmanufactured construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Required Use of Iron, Steel, and Other Manufactured Goods—Buy American Act—Construction Materials Under Trade Agreements” (Federal Acquisition Regulation (FAR) clause 52.225-23).

(b) Requests for determination of inapplicability. An offeror requesting a determination regarding the inapplicability of section 1605 of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5) (Recovery Act) or the Buy American Act 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 FAR clause 52.225-23 in the request. If an offeror has not requested a determination regarding the inapplicability of section 1605 of the Recovery Act or the Buy American Act 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) If the Government determines that an exception based on unreasonable cost of domestic construction material applies, the Government will evaluate an offer requesting exception to the requirements of section 1605 of the Recovery Act or the Buy American Act by adding to the offered price of the contract—

(i) 25 percent of the offered price of the contract, if foreign iron, steel, or other manufactured goods are used as construction material based on unreasonable cost of comparable manufactured domestic construction material; and

(ii) 6 percent of the cost of foreign unmanufactured construction material included in the offer based on unreasonable cost of comparable domestic unmanufactured construction material.

(2) If two or more offers are equal in price, the Contracting Officer will give preference to an offer that does not include foreign construction material excepted at the request of the offeror on the basis of unreasonable cost.

(d) Alternate offers.

(1) When an offer includes foreign construction material, other than Recovery Act designated country construction material, that is not listed by the Government in this solicitation in paragraph (b)(3) of FAR clause 52.225-23, the offeror also may submit an alternate offer based on use of equivalent domestic or Recovery Act designated country 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 cost comparison table prepared in accordance with paragraphs (c) and (d) of FAR clause 52.225-23 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 FAR clause 52.225-23 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic or Recovery Act designated country construction material, and the offeror shall be required to furnish such domestic or Recovery Act designated country 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.

(End of provision)

52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from

Protest to the independent review authority shall be filed with either the Office of the Chief Council or the Contracting Officer:

Office of Chief Counsel

ATTN: NGB Protest Decision Authority

1411 Jefferson Davis Highway

Jefferson Plaza 1; Suite 11300

Arlington, Virginia 22202-3231

FAX (703) 607-3684 or 3682

OR

Protest to the Contracting Officer shall be filed at:

USPFO for Utah

Attn: Diane N. Johnson, Purchasing & Contracting

12953 South Minuteman Drive

Draper, Utah 84020-2000

FAX (801) 432-4721

ONLY WRITTEN PROTESTS WILL BE CONSIDERED. NO PROTESTS MAY BE FILED BY ELECTRONIC MAIL.

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

(End of provision)

52.236-27 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--

09 June 2009 and

16 June 2009

(c) Participants will meet at--

Utah Air National Guard Base

Base Civil Engineers Building

765 North 2200 West

Salt Lake City, Utah 84116

(End of provision)

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

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

http://farsite.hill.af.mil www.arnet.gov/far www.acq.osd.mil/dp/dars/dfars.html

(End of provision

52.252-3 ALTERATIONS IN SOLICITATION (APR 1984)

Portions of this solicitation are altered as follows:

None

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

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

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

(End of provision)

252.236-7008 CONTRACT PRICES - BIDDING SCHEDULES. (DEC 1991)

(a) The Government's payment for the items listed in the Bidding Schedule shall constitute full compensation to the Contractor for --

(1) Furnishing all plant, labor, equipment, appliances, and materials; and

(2) Performing all operations required to complete the work in conformity with the drawings and specifications.

(b) The Contractor shall include in the prices for the items listed in the Bidding Schedule all costs for work in the specifications, whether or not specifically listed in the Bidding Schedule.

Section 00600 - Representations & Certifications

0600 - SUPPLEMENTAL INFO

OFFEROR COMPLETE AND RETURN WITH BID

Provide the following information and submit with your bid.

Offeror Name

Complete Address

Point of Contact

Email address

Telephone Number

Fax Number

Cage Code

DUNS Number

TAX ID

Business Size – Include all that are applicable – explanations/definitions of these can be found in the representations and certifications located at http://orca.bpn.gov. The ORCA site contains an ORCA Application Handbook and an ORCA Quick Reference Guide. To access the, simply click on the “Help” link at the top of the ORCA homepage. Ensure your Central Contractor Registration (CCR) information is up-to-date. Complete annual Representations and Certification on line at http://orca.bpn.gov if you have not already done so.

Information provided below will be used to verify your certifications.

Check all that are applicable:

Large Business

Large Business, Woman-owned

Small Business

Small Business, Woman Owned

Small Business, HUBZone (Certified)

Small Disadvantaged Business

Certified Section 8(a) Contractor

Small Veteran Owned Business

Small Disabled Veteran Owned Business

Emerging Small Business (Use NAICS dollar level, not number of employees for construction)

CLAUSES INCORPORATED BY REFERENCE

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (FEB 2009)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 236220

(2) The small business size standard is $33.5M

(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 clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA 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 ORCA 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 $100,000.

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the clause at 52.204-7, Central Contractor Registration.

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

(vi) 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.

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

(viii) 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.

(ix) 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.

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

(xi) 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.

(xii) 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.

(xiii) 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.

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

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

(xvi) 52.225-4, Buy American Act--Free Trade Agreements—Israeli Trade Act Certificate. (Basic, Alternate I, and Alternate II) 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 $67,826, the provision with its Alternate II applies.

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

(xviii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification.

(xix) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to--

(A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions; and

(B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns.

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

(Contracting Officer check as appropriate.)

----(i) 52.219-19, Small Business Concern Representation for the Small Business Competitiveness Demonstration Program.

------(ii) 52.219-21, Small Business Size Representation for Targeted Industry Categories Under the Small Business Competitiveness Demonstration Program.

------(iii) 52.219-22, Small Disadvantaged Business Status.

------(A) Basic.

------(B) Alternate I.

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

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

------(vi) 52.222-52 Exemption from Application of the Service Contract Act to Contracts for Certain Services--Certification.

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

-x-----(viii) 52.223-13, Certification of Toxic Chemical Release Reporting.

------(ix) 52.227-6, Royalty Information.

------ (A) Basic.

------ (B) Alternate I.

------(x) 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 Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov. After reviewing the ORCA 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, identifyingchange 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 ORCA.

(End of Provision)

252.204-7007 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (52.204-8) ALTERNATE A

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 236220.

(2) The small business size standard is $33.5M.

(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 tofurnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the clause at 52.204-7, Central Contractor Registration, is included inthis solicitation, paragraph (c) of this provision applies.

(2) If the clause at 52.204-7 is not included in this solicitation, and the offeroris currently registered in CCR, and has completed the ORCA electronically, the offerormay choose to use paragraph (b) 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:

(_x_) Paragraph (c) applies.

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

(c) The offeror has completed the annual representations and certifications electronically via the Online Representations and Certifications Application (ORCA) Web site at https://orca.bpn.gov/.

After reviewing the ORCA database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically 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/DFARS clause No. 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 ORCA.

(End of Provision)

Section 00700 - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.203-14 DISPLAY OF HOTLINE POSTER(S) (DEC 2007)

(a) Definition.

United States, as used in this clause, means the 50 States, the District of Columbia, and outlying areas.

(b) Display of fraud hotline poster(s). Except as provided in paragraph (c)--

(1) During contract performance in the United States, the Contractor shall prominently display in common work areas within business segments performing work under this contract and at contract work sites--

(i) Any agency fraud hotline poster or Department of Homeland Security (DHS) fraud hotline poster identified in paragraph (b)(3) of this clause; and

(ii) Any DHS fraud hotline poster subsequently identified by the Contracting Officer.

(2) Additionally, if the Contractor maintains a company website as a method of providing information to employees, the Contractor shall display an electronic version of the poster(s) at the website.

(3) Any required posters may be obtained as follows:

Poster(s)

Obtain from

DoD Hotline Poster

DoD Inspector General

ATTN: Defense Hotline

400 Army Navy Drive

Washington DC 22202-2884

(i) Appropriate agency name(s) and/or title of applicable Department of Homeland Security fraud hotline poster); and

(ii) The website(s) or other contact information for obtaining the poster(s).)

(c) If the Contractor has implemented a business ethics and conduct awareness program, including a reporting mechanism, such as a hotline poster, then the Contractor need not display any agency fraud hotline posters as required in paragraph (b) of this clause, other than any required DHS posters.

(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in all subcontracts that exceed $5,000,000, except when the subcontract--

(1) Is for the acquisition of a commercial item; or

(2) Is performed entirely outside the United States.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

52.204-1 APPROVAL OF CONTRACT (DEC 1989)

This contract is subject to the written approval of NGB-ZC-PARC and shall not be binding until so approved.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within ten (10) calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 600 calendar days.* The time stated for completion shall include final cleanup of the premises.

*The Contracting Officer shall specify either a number of days after the date the contractor receives the notice to proceed, or a calendar date.

(End of clause)

52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (SEP 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $521.44 for each calendar day of delay and to include a one-time charge of $153.00 for…