W9126G-15-B-0028_IFB_Anapra.pdf

W9126G-15-B-0028

U.S. ARMY CORPS OF ENGINEERS

FORT WORTH DISTRICT

DEPARTMENT OF HOMELAND

SECURITY CUSTOMS AND BORDER

PROTECTION, EL PASO SECTOR

Construction of Anapra Primary Border Fence in Dona Ana County, NM

INVITATION FOR BID

CONSTRUCTION SOLICITATION AND

SPECIFICATIONS

AUGUST 2015

Anapra Primary Fence, El Paso Sector W9126G�15�B�0028

TABLE OF CONTENTS

DIVISION 00 � PROCUREMENT AND CONTRACTING REQUIREMENTS

SOLICITATION, OFFER, AND AWARD

00 11 00 STANDARD FORM (SF) 1442 AND CLIN SCHEDULE

00 21 00 INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

00 45 00 REPRESENTATIONS AND CERTIFICATIONS

00 72 00 CONTRACT CLAUSES

00 73 00 SPECIAL CONTRACT REQUIREMENTS

00 73 46 WAGE DETERMINATION SCHEDULE

DIVISION 01 � GENERAL REQUIREMENTS

01 00 50 TASK ORDER REQUIREMENTS

01 32 01.00 10 PROJECT SCHEDULE

01 33 00 SUBMITTAL PROCEDURES

01 35 26 GOVERNMENTAL SAFERY REQUIREMENTS

01 42 00 SOURCES FOR REFERENCE PUBLICATIONS

01 45 00.00 10 QUALITY CONTROL

01 45 00.10 10 QUALITY CONTROL SYSTEM (QCS)

01 50 00 TEMPORARY CONSTRUCTION FACILITIES AND CONTROLS

01 57 20.00 10 ENVIRONMENTAL PROTECTION

01 57 23 TEMPORARY STORM WATER POLLUTION CONTROL

01 74 19 CONSTRUCTION AND DEMOLITION WASTE MANAGEMENT

01 78 00 CLOSEOUT SUBMITTALS

APPENDICES

APPENDIX I CONSTRUCTION DRAWINGS

APPENDIX II TECHNICAL SPECIFICATIONS

APPENDIX III GEOTECHNICAL REPORT

APPENDIX IV RAILROAD RIGHT OF ENTRY AGREEMENT

Anapra Primary Fence, El Paso Sector W9126G-15-B-0028

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

Attached or included Specifications and Drawings.

Border Fence Replacement near Sunland Park, NM

Unrestricted competition

Magnitude of Construction: Between $10,000,000 and $25,000,000

Sealed

Notice to Bidders: Funds are not presently available for this acquisition. No award will be made until appropriated funds are made available.

The government reserves the right to cancel this solicitation, either before or after bid opening, with no obligation to the bidder.

X

DOUGLAS D TERRELL 817488641220

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

124Aug42015

(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.

SOLICITATION

NSN 754040141554 14424101 STANDARD FORM (REV. 44

Prescribed by GSA

FAR (48 CFR) 53.23641(e)

11. The Contractor shall begin performance within _______ 10 calendar days and complete it within ________180 calendar days after receiving award, X notic to This performance period is X mandatory negotiable (See _________________________

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

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

X YE NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the work required are due at the place specified in Item 8 by ___________ local time ______________11 Sep (date).

If this is a sealed bid solicitation, offers must be publicly opened at that time.

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

B. An offer guarantee X is is required.

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

D. Offers providing less than _______60 calendar days for Government acceptance after the date offers are due will not be considered and will 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 COD

US ARMY CORPS OF ENGINEERS FORT WORTH

819 TAYLOR ST, RM 2A17

FORT WORTH TX 7610240300

W9126G

PAGE OF PAGES

COD

(Title, identifying no., date):

12B. CALENDAR DAYS

02:00 (hour)

Sealed envelopes containing offers

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

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

(817) 88646403FAX:TEL:(817) 88641077 TEL FAX:

W9126G4154B40028 58

20B. SIGNATURE

(REV. 44STANDARD FORM 1442

TO

NSN 754040141554

SOLICITATION, OFFER, AND AWARD (Continued)

(Construction, Alteration, or Repair)

COD FACILITY CODE

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within ________ 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.)

AMOUNT 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 22 give number and date of each)

AMENDMENT

DAT

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFE (Type or print)

AWAR (To be completed by Government)

21. ITEMS ACCEPTED:

22. 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITE

(4 copies unless otherwise specified)

COD

(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)

COD27. 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 offer on this solicitation, is hereby accepted as to the items listed. This award con4 to furnish and deliver all items or perform all work, requisitions identified summates the contract, which consists of (a) the Government solicitation and on this form and any continuation sheets for the consideration stated in this your offer, and (b) this contract award. No further contractual document is contract. The rights and obligations of the parties to this contract shall be necessary.

governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications or incorporated by refer4 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.

(Type or print)

TEL: EMAIL:

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

B

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this 28. NEGOTIATED AGREEMENT

(Must be fully completed by offeror) OFFER

W9126G�15�B�0028

Section 00 11 00 � Standard Form (SF) 1442 and CLIN Schedule

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Job

Funded Amt:

Base Item Fence Replacement

Approximately 3875 LF (as delineated in the Work Requirements) of primary fence removal and replacement with primary pedestrian fence along the US/Mexico

International Border at Anapra, New Mexico. This includes all components necessary to complete the removal and construction, including all materials (except

GFM), labor, and equipment. Other work associated with the construction includes a patrol road, retaining wall, culverts, and vehicle and drainage gates. The contractor is responsible for validating the number of linear feet of fence removal and replacement required prior to submission of a bid. Period of Performance is

180 calendar days after receipt of Notice to Proceed.

0002 1 Job

Funded Amt:

Base Item Final As�built Drawings

Price pre�established

$10,000.00

0003 Job

Funded Amt:

Base Item Bond Premium

0004 Job

OPTION Funded Amt:

Option 1 Fence Replacement

Approximately 3100 LF (as delineated in the Work Requirements) of primary fence removal and replacement with primary pedestrian fence along the US/Mexico

International Border at Anapra, New Mexico. This includes all components necessary to complete the removal and construction, including all materials (except

GFM), labor, and equipment. Other work associated with the construction includes a patrol road, retaining wall, culverts, and vehicle and drainage gates. The contractor is responsible for validating the number of linear feet of fence removal and replacement required prior to submission of a bid. Work for this item will be completed concurrent with the base item. The contract period of performance will be extended as necessary to allow 120 calendar days after receipt of Notice to

Proceed for this item for completion of this item.

0005 1 Job

OPTION Funded Amt:

Option 1 Final As�built Drawings

0006 Job

OPTION Funded Amt:

Option 1 Bond Premium

0007 Job

OPTION Funded Amt:

Option 2 Eastern Access Road

Approximately 890 LF (as delineated in the Work Requirements) of access road near the US/Mexico International Border at Anapra, New Mexico. This includes all components necessary to complete the construction, including all materials, labor, and equipment. The contractor is responsible for validating the number of linear feet of road work required prior to submission of a bid. Work for this item will be completed concurrent with the base item. The contract period of performance will be extended as necessary to allow 45 calendar days after receipt of Notice to

Proceed for this item for completion of this item.

0008 1 Job

OPTION Funded Amt:

Option 2 Final As�built Drawings

0009 Job

Option 2 Bond Premium

0010 Job

OPTION Funded Amt:

Option 3 Staging Area

Contractor provided Staging Area. Assuming a Government�provided Staging Area is unavailable (as depicted in this IFB) Contractor procures own Staging Area as a base of construction operations and storage. This includes all permits, fees, agreements and improvements necessary for functional use.

0011 Job

Option 3 Bond Premium

Section 00 21 00 � Instructions, Conditions and Notices to Offerors

INSTRUCTIONS TO BIDDERS

1. The bid prices shall include all costs to furnish all plant, labor, material, equipment, etc., necessary to perform all work required to construct fencing at Anapra, New Mexico in strict accordance with the terms and conditions set forth in this contract, to include all attachments.

2. Bid prices shall be entered in Section 00 11 00 � Standard Form (SF) 1442 and CLIN Schedule. Each Item must be priced or the submission may be considered non�responsive.

3. The Government plans to issue one Firm Fixed Price Construction Contract as a result of this Invitation for

Bids.

4. The Government will evaluate bids in response to this solicitation without discussions and will award a contract to the responsible bidder whose bid, conforming to the solicitation, will be most advantageous to the Government considering only price.

5. The NAICS code for this project is 237310, Highway, Street and Bridge Construction (Size standard $36.5M).

6. ONLY PAPER BIDS WILL BE ACCEPTED. NO ELECTRONIC BIDS.

7. Address bids to:

US Army Corps of Engineers

Attn: Alice Austin

819 Taylor Street Room 2A17

Fort Worth, TX 76102.

8. Ensure your sealed bid submission envelope is marked with the time and date specified for receipt, the solicitation number and your complete business name and address.

9. Your business name and address must be identical to the information contained in System for Award

Management (SAM).

10. The point of contact for this Invitation for Bids is Alice Austin; 817�886�1267, email alice.m.austin@usace.army.mil.

11. MAGNITUDE OF PROJECT: Between $10,000,000 and $25,000,000.

12. SUBJECT TO THE AVAILABILITY OF FUNDS: Funds are not presently available for this acquisition.

No contract award will be made until appropriated funds are made available.

13. PRINCIPAL CONTRACTING OFFICER: The Contracting Officer who signs this contract will be the

Principal Contracting Officer for this contract. However, any Contracting Officer assigned to the Fort Worth

District, contracting within his authority, may take formal action on this contract when the Principal Contracting

Officer is unavailable and the action needs to be taken.

14. POSTAWARD CONFERENCE: By submission of a bid the contractor agrees to attend any postaward conference convened by the contracting activity or contract administration office in accordance with Federal

Acquisition Regulation subpart 42.503.

15. APPARENT CLERICAL MISTAKES

a. For the purpose of initial evaluations of bids, the following will be utilized in the resolving arithmetic discrepancies found on the face of the price schedule as submitted by the offeror:

(1) Obviously misplaced decimal points will be corrected;

(2) Apparent errors in addition of prices will be corrected.

b. These correction procedures shall not be used to resolve any ambiguity concerning which bid is low.

16. INQUIRIES

a. Submit general questions and comments and questions relating to bid procedures or bonds via e�mail to:

Contract Specialist – Alice Austin

U.S. Army Corps of Engineers, CECT�SWF

Email: alice.m.austin@usace.army.mil

Phone: 817�886�1267

b. Submit technical inquiries via: Bidder Inquiry in ProjNet at http://www.projnet.org/projnet

• To submit and review bid inquiry items, bidders will need to be a current registered user or self�register into system. To self�register go to web page, click BID tab select Bidder Inquiry, select agency USACE, enter Key for this solicitation listed below, and your e�mail address, click login. Fill in all required information and click create user. Verify that information on next screen is correct and click continue.

• From this page you may view all bidder inquiries or add inquiry.

• Bidders will receive an acknowledgement of their question via email, followed by an answer to their question after it has been processed by our technical team.

The Bidder Inquiry Key is: MAR43C6CM9356

• The Bidder Inquiry System will be unavailable for new inquires five (5) days prior to the bid submission date in order to ensure adequate time is allotted to form an appropriate response and amend the solicitation, if necessary.

• Offerors are requested to review the specification in its entirety and review the Bidder Inquiry System for answers to questions prior to submission of a new inquiry.

• A Call Center is available for assistance with the Bidder Inquiry System weekdays from 8AM to 5PM

U.S. Central Time Zone (Chicago) at 800�428�HELP.

17. BID SUBMISSION CHECKLIST

This checklist is furnished only to assist the offeror in submitting a complete bid. The offeror is responsible for ensuring all required information is provided.

MISTAKES OR OMISSIONS CAN BE COSTLY. Important items for you to check include, but are not limited to, those listed below.

[ ] Have any/all amendments been acknowledged?

[ ] Is the Acknowledgement Sheet properly signed?

[ ] Is a completed Acknowledgement Sheet included with the bid?

[ ] Is a completed Price Schedule included with the bid?

[ ] Is a completed Bid Guarantee (Bond): included with the bid?

NOTE: A late bid bond is treated the same as a late bid.

[ ] Is the bid bond in the proper amount? (Usually 20% of total bid price)

[ ] Is the bond properly signed by both the Offeror and Surety and are all required seals affixed?

[ ] Is the company name in which the bid is being submitted the same as the name on the bid bond?

[ ] Are all erasures or corrections initialed by the person signing the bid?

�� End of Checklist ��

CLAUSES INCORPORATED BY REFERENCE

52.204�7 System for Award Management JUL 2013

52.214�3 Amendments To Invitations For Bids DEC 1989

52.214�4 False Statements In Bids APR 1984

52.214�5 Submission Of Bids MAR 1997

52.214�6 Explanation To Prospective Bidders APR 1984

52.214�7 Late Submissions, Modifications, and Withdrawals of Bids NOV 1999

52.214�18 Preparation of Bids�Construction APR 1984

52.214�19 Contract Award�Sealed Bidding�Construction AUG 1996

52.214�23 Late Submission, Modifications, And Withdrawals Of

Technical Proposals Under Two�Step Sealed Bidding

NOV 1999

52.214�26 Audit and Records��Sealed Bidding OCT 2010

52.214�27 Price Reduction for Defective Certified Cost or Pricing Data �

Modifications � Sealed Bidding

AUG 2011

52.214�28 Subcontracting Certified Cost Or Pricing Data��

Modifications��Sealed Bidding

OCT 2010

52.214�34 Submission Of Offers In The English Language APR 1991

52.215�1 Instructions to Offerors��Competitive Acquisition JAN 2004

52.236�28 Preparation of Proposals��Construction OCT 1997

252.236�7008 Contract Prices�Bidding Schedules DEC 1991

CLAUSES INCORPORATED BY FULL TEXT

52.217�5 EVALUATION OF OPTIONS (JUL 1990)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the

Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

(End of provision)

52.225�12 NOTICE OF BUY AMERICAN REQUIREMENT�� CONSTRUCTION MATERIALS UNDER

TRADE AGREEMENTS (MAY 2014)

(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 �� 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 statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of FAR clause 52.225�11 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the

Buy American statute, based on claimed unreasonable cost of domestic construction 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.

52.225�12 NOTICE OF BUY AMERICAN ACT REQUIREMENT�� CONSTRUCTION MATERIALS UNDER

TRADE AGREEMENTS (MAY 2014) ALTERNATE II (JUN 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, except foreign construction material from a designated country other than Bahrain, Mexico, or Oman 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 other than Bahrainian, Mexican, or Omani 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 other than Bahrainian, Mexican, or Omani construction material. An offer based on use of the foreign construction material for which an exception was requested��

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

(ii) May be accepted if revised during negotiations.

52.233�2 SERVICE OF PROTEST (SEP 2006)

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

US Army Corp of Engineers

Attention: CESWF6CT

P.O. Box 17300

Fort Worth, TX 7610260300

Email: swf�protest@usace.army.mil

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

GAO.

52.236�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��

20 August 2015, 8:00 A.M.

(c) Participants will meet at��

Project site

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/vffara.htm

Section 00 45 00 � Representations and Certifications

52.204�16 Commercial and Government Entity Code Reporting JUL 2015

52.209�2 Prohibition on Contracting with Inverted Domestic

Corporations��Representation

DEC 2014

52.209�7 Information Regarding Responsibility Matters JUL 2013

52.222�22 Previous Contracts And Compliance Reports FEB 1999

252.209�7002 Disclosure Of Ownership Or Control By A Foreign

Government

JUN 2010

52.204�8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 237310.

(2) The small business size standard is $36.5.

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

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

(2) If the provision at 52.204�7 is not included in this solicitation, and the offeror is currently registered in System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

( ) Paragraph (d) applies.

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

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

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

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

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

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

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

(iii) 52.204�3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at

52.204�7, System for Award Management.

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

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

(B) Exceed the simplified acquisition threshold; and

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

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

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

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

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

(ix) 52.219�1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(x) 52.219�2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

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

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

(xiii) 52.222�38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xiv) 52.223�1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA�designated items; or include the clause at 52.223�2, Affirmative Procurement of Biobased

Products Under Service and Construction Contracts.

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

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

(xvii) 52.225�4, Buy American��Free Trade Agreements��Israeli Trade Act Certificate. (Basic, Alternates I, II, and

III.) This provision applies to solicitations containing the clause at 52.225� 3.

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

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

(C) If the acquisition value is $50,000 or more but is less than $79,507, the provision with its Alternate II applies.

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

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

52.225�5.

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

(xx) 52.225�25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to

Iran—Representation and Certification. This provision applies to all solicitations.

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

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

[Contracting Officer check as appropriate.]

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

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

(iii) 52.222�48, Exemption from Application of the Service Contract Labor Standards to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment��Certification.

(iv) 52.222�52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain

Services��Certification.

(v) 52.223�9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA�

Designated Products (Alternate I only).

(vi) 52.227�6, Royalty Information.

(A) Basic.

(B) Alternate I.

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

(d) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the

NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause Title Date Change

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

52.204�17 OWNERSHIP OF CONTROL OF OFFEROR (NOV 2014)

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

Commercial and Government Entity (CAGE) code means—

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics

Agency (DLA) Contractor and Government Entity (CAGE) Branch to identify a commercial or government entity, or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support

Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Contractor and

Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as an NCAGE code.

Highest�level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

(b) The Offeror represents that it [ ___ ] has or [ ___ ] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (c) and if applicable, paragraph (d) of this provision for each participant in the joint venture.

(c) If the Offeror indicates ``has'' in paragraph (b) of this provision, enter the following information:

Immediate owner CAGE code:

Immediate owner legal name: ___

(Do not use a ``doing business as'' name)

Is the immediate owner owned or controlled by another entity?:

[ ___ ] Yes or [ ___ ] No.

(d) If the Offeror indicates ``yes'' in paragraph (c) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:

Highest�level owner CAGE code:

Highest�level owner legal name:

(Do not use a ``doing business as'' name)

252.203�7998 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY

AGREEMENTS—REPRESENTATION (DEVIATION 2015�O0010) (FEB 2015)

(a) In accordance with section 743 of Division E, Title VIII, of the Consolidated and Further Continuing Resolution

Appropriations Act, 2015 (Pub. L. 113�235), Government agencies are not permitted to use funds appropriated (or otherwise made available) under that or any other Act for contracts with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contactors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(b) The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form

312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(c) Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contactors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

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

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

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

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

(ii) 252.216�7008, Economic Price Adjustment��Wage Rates or Material Prices Controlled by a Foreign

Government. Applies to solicitations for fixed�price supply and service contracts when the contract is to be performed wholly or in part in a foreign country, and a foreign government controls wage rates or material prices and may during contract performance impose a mandatory change in wages or prices of materials.

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

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

(v) 252.225�7049, Prohibition on Acquisition of Commercial Satellite Services from Certain Foreign Entities��

Representations. Applies to solicitations for the acquisition of commercial satellite services.

(vi) 252.225�7050, Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of

Terrorism. Applies to all solicitations expected to result in contracts of $150,000 or more.

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

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

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

(2) The following representations or certifications in SAM are applicable to this solicitation as indicated by the

Contracting Officer: [Contracting Officer check as appropriate.]

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

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

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

____ Use with Alternate I.

____ (iv) 252.225�7031, Secondary Arab Boycott of Israel.

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

____ Use with Alternate I.

____ Use with Alternate II.

____ Use with Alternate III.

____ Use with Alternate IV.

____ Use with Alternate V.

(e) The offeror has completed the annual representations and certifications electronically via the SAM Web site at https://www.acquisition.gov/. After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in FAR 52.204�8(c) and paragraph (d) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer, and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below ____ [offeror to insert changes, identifying change by provision number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR/DFARS 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 located in the SAM database.

252.209�7992 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX

LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW—FISCAL YEAR 2015

APPROPRIATIONS (DEVIATION 2015�OO0005) (DEC 2014)

(a) In accordance with sections 744 and 745 of Division E, Title VII, of the Consolidated and Further Continuing

Appropriations Act, 2015 (Pub. L. 113�235), none of the funds made available by this or any other Act may be used to enter into a contract with any corporation that—

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

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

(b) The Offeror represents that—

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

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

Section 00 72 00 � Contract Clauses

52.202�1 Definitions NOV 2013

52.203�3 Gratuities APR 1984

52.203�5 Covenant Against Contingent Fees MAY 2014

52.203�6 Restrictions On Subcontractor Sales To The Government SEP 2006

52.203�7 Anti�Kickback Procedures MAY 2014

52.203�8 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity

MAY 2014

52.203�10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014

52.203�12 Limitation On Payments To Influence Certain Federal

Transactions

OCT 2010

52.203�13 Contractor Code of Business Ethics and Conduct APR 2010

52.203�14 Display of Hotline Poster(s) DEC 2007

52.203�17 Contractor Employee Whistleblower Rights and Requirement

To Inform Employees of Whistleblower Rights

APR 2014

52.204�4 Printed or Copied Double�Sided on Postconsumer Fiber

Content Paper

MAY 2011

52.204�9 Personal Identity Verification of Contractor Personnel JAN 2011

52.204�10 Reporting Executive Compensation and First�Tier Subcontract

Awards

JUL 2013

52.204�13 System for Award Management Maintenance JUL 2013

52.204�18 Commercial and Government Entity Code Maintenance JUL 2015

52.204�19 Incorporation by Reference of Representations and

Certifications

JAN 2015

52.209�6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for

Debarment

AUG 2013

52.209�9 Updates of Publicly Available Information Regarding

Responsibility Matters

JUL 2013

52.209�10 Prohibition on Contracting With Inverted Domestic

Corporations

DEC 2014

52.211�13 Time Extensions SEP 2000

52.214�26 Audit and Records��Sealed Bidding OCT 2010

52.214�27 Price Reduction for Defective Certified Cost or Pricing Data �

Modifications � Sealed Bidding

AUG 2011

52.214�28 Subcontracting Certified Cost Or Pricing Data��

Modifications��Sealed Bidding

OCT 2010

52.215�2 Audit and Records��Negotiation OCT 2010

52.215�21 Requirements for Certified Cost or Pricing Data and Data

Other Than Certified Cost or Pricing Data �� Modifications

OCT 2010

52.219�6 Notice Of Total Small Business Set�Aside NOV 2011

52.219�8 Utilization of Small Business Concerns OCT 2014

52.219�14 Limitations On Subcontracting NOV 2011

52.219�28 Post�Award Small Business Program Rerepresentation JUL 2013

52.222�1 Notice To The Government Of Labor Disputes FEB 1997

52.222�3 Convict Labor JUN 2003

52.222�5 Construction Wage Rate Requirements��Secondary Site of the

Work

MAY 2014

52.222�6 Construction Wage Rate Requirements MAY 2014

52.222�7 Withholding of Funds MAY 2014

52.222�8 Payrolls and Basic Records MAY 2014

52.222�9 Apprentices and Trainees JUL 2005

52.222�10 Compliance with Copeland Act Requirements FEB 1988

52.222�11 Subcontracts (Labor Standards) MAY 2014

52.222�12 Contract Termination�Debarment MAY 2014

52.222�13 Compliance With Construction Wage Rate Requirements and

Related Regulations

MAY 2014

52.222�14 Disputes Concerning Labor Standards FEB 1988

52.222�15 Certification of Eligibility MAY 2014

52.222�21 Prohibition Of Segregated Facilities APR 2015

52.222�23 Notice of Requirement for Affirmative Action to Ensure

Equal Employment Opportunity for Construction

FEB 1999

52.222�26 Equal Opportunity APR 2015

52.222�26 Equal Opportunity APR 2015

52.222�27 Affirmative Action Compliance Requirements for

Construction

APR 2015

52.222�35 Equal Opportunity for Veterans JUL 2014

52.222�36 Equal Opportunity for Workers with Disabilities JUL 2014

52.222�37 Employment Reports on Veterans JUL 2014

52.222�40 Notification of Employee Rights Under the National Labor

Relations Act

DEC 2010

52.222�50 Combating Trafficking in Persons MAR 2015

52.222�54 Employment Eligibility Verification AUG 2013

52.222�55 Minimum Wages Under Executive Order 13658 DEC 2014

52.223�6 Drug�Free Workplace MAY 2001

52.225�13 Restrictions on Certain Foreign Purchases JUN 2008

52.227�1 Authorization and Consent DEC 2007

52.227�2 Notice And Assistance Regarding Patent And Copyright

Infringement

DEC 2007

52.227�4 Patent Indemnity�Construction Contracts DEC 2007

52.228�1 Bid Guarantee SEP 1996

52.228�2 Additional Bond Security OCT 1997

52.228�11 Pledges Of Assets JAN 2012

52.228�12 Prospective Subcontractor Requests for Bonds MAY 2014

52.228�15 Performance and Payment Bonds��Construction OCT 2010

52.229�3 Federal, State And Local Taxes FEB 2013

52.232�5 Payments under Fixed�Price Construction Contracts MAY 2014

52.232�17 Interest MAY 2014

52.232�23 Assignment Of Claims MAY 2014

52.232�27 Prompt Payment for Construction Contracts MAY 2014

52.232�33 Payment by Electronic Funds Transfer��System for Award

Management

JUL 2013

52.232�39 Unenforceability of Unauthorized Obligations JUN 2013

52.232�40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233�1 Disputes MAY 2014

52.233�3 Protest After Award AUG 1996

52.233�4 Applicable Law for Breach of Contract Claim OCT 2004

52.236�5 Material and Workmanship APR 1984

52.236�6 Superintendence by the Contractor APR 1984

52.236�7 Permits and Responsibilities NOV 1991

52.236�8 Other Contracts APR 1984

52.236�17 Layout of Work APR 1984

52.236�21 Specifications and Drawings for Construction FEB 1997

52.236�26 Preconstruction Conference FEB 1995

52.242�13 Bankruptcy JUL 1995

52.242�14 Suspension of Work APR 1984

52.243�4 Changes JUN 2007

52.244�5 Competition In Subcontracting DEC 1996

52.244�6 Subcontracts for Commercial Items APR 2015

52.246�12 Inspection of Construction AUG 1996

52.246�21 Warranty of Construction MAR 1994

52.248�3 Value Engineering�Construction OCT 2010

52.249�2 Termination For Convenience Of The Government (Fixed�

Price)

APR 2012

52.249�2 Alt I Termination for Convenience of the Government (Fixed�

Price) (Apr 2012) � Alternate I

SEP 1996

52.249�10 Default (Fixed�Price Construction) APR 1984

52.253�1 Computer Generated Forms JAN 1991

252.201�7000 Contracting Officer's Representative DEC 1991

252.203�7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203�7001 Prohibition On Persons Convicted of Fraud or Other Defense�

Contract�Related Felonies

DEC 2008

252.203�7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013

252.204�7003 Control Of Government Personnel Work Product APR 1992

252.204�7012 Safeguarding of Unclassified Controlled Technical

Information

NOV 2013

252.205�7000 Provision Of Information To Cooperative Agreement Holders DEC 1991

252.209�7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Country that is a State Sponsor of

Terrorism

DEC 2014

252.223�7008 Prohibition of Hexavalent Chromium JUN 2013

252.225�7012 Preference For…