W9124L21B0001 Ft SILL JOC SOLICITATION.pdf

Job Order Contract (JOC) is an Indef inite-Delivery-Indefinite-Quantity (ID/IQ). Task/Job Orders w ill be individually funded w hich are subject to the Construction Wage Requirements Statute Wage Determination.

Construction Wage Requirements Statute Wage Determination w ill be updated annually on the anniversay date of contract aw ard.

The NAICS f or this requirement is 236220, w ith a size standard of $39.5M This is solicited as an 8(a) COMPETITIVE SEALED BID action.

Guaranteed Minimum for the base year and each exercised option year is $30,000.00.

The Contractor shall obtain a minimum bonding level each year w hen exercised in the amount of the maximum expected annual task order amount. ($4,800,000.00) The magnitude of this requirement is $10M-$25M.

eGordian Construction Task Catalog (CTC) taylored for Fort Sill, Oklahoma w ill be utilized as the Unit Price Book and provided to the Government by the Contractor. The CTC w ill be updated anually therefore NO Equitable Adjustments w ill be granted.

The Government maintains the unilateral right to w ithdraw a proposed job or order before or af ter receipt of a contractor's proposal

X

VICTOR E. RICHARDS 573-596-4979

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS

NEGOTIATED

04-Jun-2021

(RFP)

(IFB)

CALL:

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______ calendar days and complete it w ithin ________ calendar days af ter receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________52.211-10

12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________06 Jul 2021 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

shall be marked to show the offeror's name and address, the solicitation number, and the date and time of fers are due.

B. An offer guarantee X is, is not required.

C. All offers are subject to the (1) w ork requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than _______120 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

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

4. CONTRACT NO.

7. ISSUED BY CODE

MICC - FORT LEONARD WOOD

8112 NEBRASKA AVENUE

FORT LEONARD WOOD MO 65473

W911S7

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

11:00 AM (hour)

Sealed envelopes containing offers

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

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

5735960267FAX:TEL: 5735960266 TEL: FAX:

W9124L21B0001 60

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

SOLICITATION, OFFER, AND AWARD (Continued) (Construction, Alteration, or Repair)

CODE FACILITY CODE

17. The offeror agrees to perform the w ork required at the prices specif ied below in strict accordance w ith the terms of this solicitation, if this offer is accepted by the Government in w riting w ithin ________ calendar days after the date offers are due.

the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS SEE SCHEDULE OF PRICES

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

CODE27. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY

(Include ZIP Code)14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NO. (Include area code)

See Item 14

(Include only if different than Item 14)16. REMITTANCE ADDRESS

30B. SIGNATURE

29. AWARD (Contractor is not required to sign this document.)

document and return _______ copies to issuing office.) Contractor agrees Your of f er on this solicitation, is hereby accepted as to the items listed. This award con-to f urnish and deliv er all items or perf orm all work, requisitions identif ied summates the contract, which consists of (a) the Gov ernment solicitation and on this f orm and any continuation sheets f or the consideration stated in this y our of f er, and (b) this contract award. No f urther contractual document is contract. The rights and obligations of the parties to this contract shall be necessary .

gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certif ications, and specif ications or incorporated by ref er-ence in or attached to this contract.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)

30C. DATE

(Type or print)

TEL: EMAIL:

31B. UNITED STATES OF AMERICA 31C. AWARD DATE

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

W9124L21B0001

Section 00 01 10 - Table of Contents

Exhibit/Attachment Table of Contents

DOCUMENT TYPE DESCRIPTION PAGES DATE

Attachment 01 ATTACHMENT 01

Section 01 00 00 General Requirements 6-1-21

01-JUN-2021

Attachment 02 ATTACHEMENT 02 SECTION 01 14 00 Work Restrictions

20-AUG-2020

Attachment 03 ATTACHEMENT 03 Section 01 32 00 Project Schedule

20-AUG-2020

Attachment 04 ATTACHEMENT 04 Section 01 32 23 Survey Layout and Data

20-AUG-2020

Attachment 05 ATTACHMENT 05 Section 01 33 00 Submittal Procedures

20-AUG-2020

Attachment 06 ATTACHEMENT 06 Section 01 35 26 Government Safety Require

20-AUG-2020

Attachment 07 ATTACHEMENT 07 Section 01 35 29 Health Safet

20-AUG-2020

Attachment 08 ATTACHEMENT 08 Section 01 35 43 Environmental Procedures

20-AUG-2020

Attachment 09 ATTACHMENT 09 Section 01 42 00 Referenced Specifications 6-

01-JUN-2021

Attachment 10 ATTACHEMENT 10 Section 01 45 00 QC For Minor Construction

20-AUG-2020

Attachment 11 ATTACHEMENT 11 Section 01 57 19 Temporary Environmental

20-AUG-2020

Attachment 12 ATTACHEMENT 12 Section 01 57 20 Environmental Protection

20-AUG-2020

Attachment 13 ATTACHEMENT 13 Section 01 70 00 Contract Closeout

20-AUG-2020

Attachment 14 ATTACHEMENT 14 Section 01 74 19 Construction Waste Manage

20-AUG-2020

Attachment 15 ATTACHEMENT 15 Section 01 78 00 Closeout Submittals

20-AUG-2020

Attachment 16 ATTACHEMENT 16 Section 01 78 36 Warranty of Construction

20-AUG-2020

Attachment 17 ATTACHEMENT 17 Section 02 41 00 Demolition

20-AUG-2020

Attachment 18 ATTACHEMENT 18 Section 02 81 00 Transportation and Disposal

20-AUG-2020

Attachment 19 ATTACHEMENT 19 Section 02 83 13 Lead Hazard

20-AUG-2020

Attachment 20 ATTACHEMENT 20 Section 26 00 01 Fort Sill Electrical Require

16-MAR-2018

Attachment 21 ATTACHMENT 21 Coefficient Proposal Format

14-APR-2021

Attachment 22 ATTACHMENT 22

WAGE

DETERMINATION

14-APR-2021

Attachment 23 ATTACHMENT 23 BID

SCHEDULE

27-MAY-2021

Section 00 10 00 - Solicitation

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 1 Job Fort Sill JOC Base Year

FFP

Fort Sill Job Order Contract Base Year. To perfrom individual construction projects issues as Task Orders (TO) that are individually funded under the JOC Indefinite Delivery Indefinite Quantity contract.

FOB: Destination

PSC CD: Y1JZ

MAX

NET AMT

UNIT UNIT PRICE MAX AMOUNT

1001 1 Job OPTION Fort Sill JOC Option 1

FFP

Fort Sill Job Order Contract Option Year. To perfrom individual construction projects issues as Task Orders (TO) that are individually funded under the JOC Indefinite Delivery Indefinite Quantity contract.

PSC CD: Y1JZ

UNIT UNIT PRICE MAX AMOUNT

2001 1 Job OPTION Fort Sill JOC Option 2

FFP

Fort Sill Job Order Contract Option Year. To perfrom individual construction projects issues as Task Orders (TO) that are individually funded under the JOC Indefinite Delivery Indefinite Quantity contract.

UNIT UNIT PRICE MAX AMOUNT

3001 1 Job OPTION Fort Sill JOC Option 3

FFP

Fort Sill Job Order Contract Option Year. To perfrom individual construction projects issues as Task Orders (TO) that are individually funded under the JOC

UNIT UNIT PRICE MAX AMOUNT

4001 1 Job OPTION Fort Sill JOC Option 4

FFP

Fort Sill Job Order Contract Option Year. To perfrom individual construction projects issues as Task Orders (TO) that are individually funded under the JOC

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 23-JUL-2021 TO

22-JUL-2022

N/A SEE SCHEUDLE

SEE SCHEDULE

FORT SILL OK 73503

W9124L

1001 POP 23-JUL-2022 TO

22-JUL-2023

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 23-JUL-2023 TO

22-JUL-2024

N/A (SAME AS PREVIOUS LOCATION)

3001 POP 23-JUN-2024 TO

22-JUL-2025

N/A (SAME AS PREVIOUS LOCATION)

4001 POP 23-JUL-2025 TO

22-JUN-2026

N/A (SAME AS PREVIOUS LOCATION)

Section 00 21 00 - Instructions

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.228-11 Individual Surety--Pledge of Assets FEB 2021 52.228-17 Individual Surety--Pledge of Assets (Bid Guarantee) FEB 2021

CLAUSES INCORPORATED BY FULL TEXT

52.228-1 BID GUARANTEE (SEP 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States.

The Contracting Officer will return bid guarantees, other than bid bonds, (1) to unsuccessful bidders as soon as practicable after the opening of bids, and (2) to the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.-

(c) The amount of the bid guarantee shall be 20% percent of the bid price for the base period.

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.-

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

(End of provision)

52.228-13 ALTERNATIVE PAYMENT PROTECTIONS (JULY 2000)

(a) The Contractor shall submit one of the following payment protections:

(i) A payment bond

(ii) An irrevocable letter of credit (ILC)

(iii) A deposit of the types of security listed in FAR 28.204-2

(b) The amount of the payment protection shall be 100 percent of the contract price.

(c) The submission of the payment protection is required within 10 days of contract award.

(d) The payment protection shall provide protection for the full contract performance period plus a one-year period.

(e) Except for escrow agreements and payment bonds, which provide their own protection procedures, the Contracting Officer is authorized to access funds under the payment protection when it has been alleged in writing by a supplier of labor or material that a nonpayment has occurred, and to withhold such funds pending resolution by administrative or judicial proceedings or mutual agreement of the parties.

(f) When a tripartite escrow agreement is used, the Contractor shall utilize only suppliers of labor and material that signed the escrow agreement.

(End of clause)

Section 00 21 16 - Instructions to Proposers

INSTRUCTIONS TO BIDDERS

BID PREPARATION INSTRUCTIONS

The following instructions prescribe the format for the bid and describe the approach for the development and presentation of bid data. These instructions are designed to ensure the submission of necessary information to provide for the understanding and comprehensive evaluation of bids. In the sealed bidding procedures the price alone will determine the “Apparent Low Bid”; however the submission of a low bid does not in and of itself determine responsibility of a bidder and therefore it is necessary to require additional information in order that the Contracting Officer may make an award based on the lowest overall priced responsible bidder.

1. Bid Submittal and Inquiries

a. Bids shall be submitted prior to the bid due date and time as identified on the Standard Form 1442

Block 13 to following address:

Mission and Installation Contracting Command – Ft. Leonard Wood

Attention: Mr. Chad Buckley and Mr. Victor Richards

Building 11400

8112 Nebraska Avenue Fort Leonard Wood, Mo. 65473

BIDS DUE DATE: July 6, 2021 at 11:00AM CST.

b. The point of contact responsible for supplying additional information and answering all inquiries is the Contracting Officer via the Contract Specialist. Address all questions or concerns to Mr. Victor Richards, Contract Specialist, at victor.e.richards.civ@mail.mil and “cc” Mr. Chad Buckley, Contracting Officer, at chad.m.buckley.civ@mail.mil. All questions regarding this solicitation shall be submitted in writing via email.

Question due date is June 14, 2021 at 10:00AM CST.

c. Site Visit. No site visits will be conducted. Site visits may be conducted with each task order.

2. Bid Preparation Instructions

a. The selection of a source for award purposes will be conducted utilizing sealed bidding procedures as delineated in Federal Acquisition Regulation FAR Part 14. Bids will be evaluated using the criteria under Section M, “Evaluation Factors for Award.” Noncompliance with the Invitation for Bid (IFB) requirements may hamper the Government's ability to properly evaluate the proposal and may result in elimination of the proposal from further consideration for Contract award.

b. The Bid. The submission of the documentation specified below will constitute the offeror's acceptance of the terms and conditions of the IFB, concurrence with the Performance Work Statement, and the proposed Contract type.

c. 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, 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.

d. Bids MUST be submitted via mail or hand carried to the MICC – Fort Leonard Wood, Missouri 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.

e. 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.

f. 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.

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

h. 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. Submission Of Bid 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 – Representations, Certifications, and Other Statements of Bidders. The bidder shall ensure that their business has completed their FAR and DFAR online Representations and Certifications at the System for Award Management (SAM) website at https://www.sam.gov/portal/public/SAM/. It is the bidder’s responsibility to ensure that the information provided in each certification/representation accurate and complete. Failure of a bidder to complete their online certification/representations prior to the close of the Solicitation may result in their submission being deemed non- responsive and eliminated from consideration of the award.

For Online Reps and Certs TAB B only needs to include the statement that the bidder’s online Representations and Certifications are complete and up to date to include the DUNS number for which the record may be retrieved.

TAB B shall also include any Fill-In Provisions/Clauses.

TAB C – Bid Submission. The bidder shall ensure that Attachment 23 - Bid Schedule is completely filled out and information is accurate.

NOTE: The Contractor does not need to provide pricing information on the CLIN schedule. The Attachment 23 Bid Schedule spreadsheet is considered the bid schedule for evaluation purposes. Within the Bid Schedule the bidder shall provide, a Standard Hours Coefficient, a Non-Standard Hours Coefficient, and a Non-Pre-Priced Indirect Cost and Profit Rate, not to exceed 2 decimal places, (i.e. 1.07) for the base and each option year. The document will automatically perform all calculations needed to arrive at the Total Evaluated Price.

Bidders are required to consider inflationary factors and market trends in developing coefficients for items listed in the option years; no separate economic price adjustment clause will be used under this contract. The only potential increase in price will be processed only if an option year is exercised, and only through updates to the UPB rates.

The bid schedule (Attachment 23) 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. Please see ATTACHMENT 22 Coefficient Proposal Format for details on costs included in Coefficients and the Unit Price Book.

TAB D – Bid Bond/ Guarantee. This tab shall include the bid guarantee. A Bid Guarantee is required and shall be provided in the amount of twenty percent (20%) of the estimated annual maximum contract value for the base year of $4,800,000.00. (Bidders must use the Standard Form (SF) 24 if providing a bid bond as the bid guarantee).

NOTE: 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 contractor's bid.

TAB E – Additional/Supplemental Information. This tab shall contain any/all other required information requested throughout this solicitation and any additional supplemental information. This includes resumes for the following Key Personnel: Program Manager; Quality Control Manager and; Safety Manager, and any additional supporting documentation the bidder provides at their discretion.

BASIS FOR AWARD

BASIS FOR AWARD

Section M -Basis for Award

M.1. Basis for Award.

M.1.1. This requirement for a broad range of general construction intended to provide rapid response for new construction, rehabilitation, modernization, or repair of real property relating but not limited to civil, mechanical, conveyance, plumbing, structural, electrical, heating, ventilation and air conditioning (HVAC) systems and components of Government facilities at Fort Sill, Oklahoma 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 to the lowest priced responsible bidder whose bid is responsive to the terms of the invitation for bids (IFB) and is most advantageous to the Government, considering only price and the price-related factors included in the IFB.

M.1.2. The Government will evaluate proposed Standard Hour, Non-Standard Hour and Non-PrePriced coefficients 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.

M.2 Evaluation Criteria

M.2.2. The Government will evaluate bids received in response to this solicitation solely on the basis of price and price related factors.

M.2.3. 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:

ꞏ Shall be currently registered in SAM, https://www.sam.gov/portal/public/SAM/ ꞏ Shall submit a complete sealed bid package prior to the cutoff for receipt of bids, ꞏ Properly signed bid, with Original Signature ꞏ Acknowledgement of all Amendments (if any), ꞏ Fully completed Attachment 23 - Bid Schedule ꞏ Shall not qualify the terms and conditions of the solicitation in the submitted bid ꞏ Shall comply with the instructions of the solicitation.

ꞏ A Bid Guarantee is required and shall be provided in the amount of twenty percent (20%) of the estimated annual maximum contract value for the base year of $4,800,000.00.

(Bidders must use the Standard Form (SF) 24 if providing a bid bond as the bid guarantee).

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

M.2.4. PRICE EVALUATION. Standard Hour, Non-Standard Hour and Non-PrePriced coefficients 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. 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. The schedule being used at the time of exercising of the option will dictate the coefficient to be used under the option period.

M.2.4.1. 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 coefficient 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 Price are as follows:

M.2.4.1.2. The Bid Schedule will automatically calculate all other required figures utilizing the following formulas per CLIN Structure: (See Attachment 23 – Bid Schedule)

Pre-Priced Work – Normal Hours (NH) – Fort Sill, OK: $3.84M of $4.8M is 80% Pre-Price Work – Other Than Normal Hours (OTNH) – Fort Sill, Ok: $480K of $4.8M is 10% Non Pre-Priced Work – Fort Sill OK: $480K of $4.8M is 10% Weighted Average = (.90) (Average of all PP Coefficients*) + (.10)(Average of all NPP Indirect Cost)

*NOTE: The averages used in the Weighted Average Formula are also automatically calculated, and take into consideration the number of facilities covered under this contract.

Bidder's Total Price = (Weighted Average)

i. Balanced Pricing: Bidders 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 is significantly overstated or understated as indicated by the application of price analysis techniques. Bids that are determined to be unbalanced may be rejected if the lack of balance poses an unacceptable risk to the Government.

ii. 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 bidder’s bid is in compliance with the Price instructions in the solicitation.

M.2.5. RESPONSILBITY DETERMINATION. In Accordance with FAR Part 9.1, Purchases shall be made from, and contracts shall be awarded to, responsible prospective contractors only.

To be determined responsible, a prospective contractor must -- ꞏ Have adequate financial resources to perform the contract, or the ability to obtain them (see 9.104- 3(a));

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

ꞏ Have a satisfactory performance record (see 9.104-3(b) and Subpart 42.15). A prospective contractor shall not be determined responsible or non-responsible solely on the basis of a lack of relevant performance history, except as provided in 9.104-2;

ꞏ Have a satisfactory record of integrity and business ethics (for example, see Subpart 42.15);

ꞏ Have the necessary organization, experience, accounting and operational controls, and technical skills, or the ability to obtain them (including, as appropriate, such elements as production control procedures, property control systems, quality assurance measures, and safety programs applicable to materials to be produced or services to be performed by the prospective contractor and subcontractors). (See 9.104-3 (a).)

ꞏ Have the necessary production, construction, and technical equipment and facilities, or the ability to obtain them (see 9.104-3(a)); and ꞏ Be otherwise qualified and eligible to receive an award under applicable laws and regulations.

No purchase or award shall be made unless the contracting officer makes an affirmative determination of responsibility. In the absence of information clearly indicating that the prospective contractor is responsible, the contracting officer shall make a determination of nonresponsibility.

Section 00 45 00 - Representations and Certifications

52.204-24 Representation Regarding Certain Telecommunications and

Video Surveillance Services or Equipment.

OCT 2020

52.209-7 Information Regarding Responsibility Matters OCT 2018 52.209-13 Violation of Arms Control Treaties or Agreements --

Certification.

FEB 2021

52.236-28 Preparation of Proposals--Construction OCT 1997

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2020)

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

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

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

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

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

( ) Paragraph (d) applies.

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

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

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

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

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

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

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

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

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

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

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

(B) Exceed the simplified acquisition threshold; and

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

[Contracting Officer check as appropriate.]

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

(ii) 52.204-20, Predecessor of Offeror.

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

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

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

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

(vii) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

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

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

FAR Clause Title Date Change

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

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

2020)

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

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

(c) Representations.

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

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

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (NOV 2020)

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

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern--

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (d) of this clause. Such a concern is "not dominant in its field of operation" when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13

CFR 121.103.

(b) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, upon occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts--

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, when the Contracting Officer explicitly requires it for an order issued under a multiple-award contract.

(d) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code(s) assigned to this contract. The small business size standard corresponding to this NAICS code(s) can be found at https://www.sba.gov/document/support--table-size-standards.

(e) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(f) Except as provided in paragraph (h) of this clause, the Contractor shall make the representation(s) required by paragraph (b) and (c) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause, or with its offer for an order (see paragraph (c) of this clause), that the data have been validated or updated, and provide the date of the validation or update.

(g) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (f) or (h) of this clause.

(h) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

(1) The Contractor represents that it [ ] is, [ ] is not a small business concern under NAICS Code assigned to contract number .

(2) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

(3) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not a women-owned small business concern.

(4) Women-owned small business (WOSB) concern eligible under the WOSB Program. [Complete only if the Contractor represented itself as a women-owned small business concern in paragraph (h)(3) of this clause.] The Contractor represents that--

(i) It [ ] is, [ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (h)(4)(i) of this clause is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture.

[The Contractor shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(5) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the Contractor represented itself as a women-owned small business concern eligible under the WOSB Program in (h)(4) of this clause.] The Contractor represents that--

(i) It [ ] is, [ ] is not an EDWOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (h)(5)(i) of this clause is accurate for each EDWOSB concern participating in the joint venture. [The Contractor shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: .] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

(6) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not a veteran-owned small business concern.

(7) [Complete only if the Contractor represented itself as a veteran-owned small business concern in paragraph (h)(6) of this clause.] The Contractor represents that it [ ] is, [ ] is not a service-disabled veteran-owned small business concern.

(8) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that--

(i) It [ ] is, [ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and

(ii) It [ ] is, [ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (h)(8)(i) of this clause is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The Contractor shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: .] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

[Contractor to sign and date and insert authorized signer's name and title.]

252.204-7007 ALTERNATE A, ANNUAL REPRESENTATIONS AND CERTIFICATIONS (NOV 2020)

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

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

(e) of this provision applies.

(2) If the provision at FAR 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 (e) 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:

__ (i) Paragraph (e) applies.

__ (ii) Paragraph (e) does not apply and the Offeror has completed the individual representations and certifications in the solicitation.

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

(i) 252.204-7016, Covered Defense Telecommunications Equipment or Services--Representation. Applies to all solicitations.

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

(iv) 252.225-7049, Prohibition on Acquisition of Certain Foreign Commercial Satellite Services--Representations.

Applies to solicitations for the acquisition of commercial satellite services.

(v) 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.

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

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

(viii) 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…