B3_Solicitation_W9126G18B0036.pdf

Design-Bid-Build Request For Proposal

BUILDING 44 LIFE SAFETY, 2ND FLOOR AND 3RD

FLOOR RENOVATION

Fort Sam Houston, Texas

W9126G18B0036 July, 2018

US Army Corps of Engineers Fort Worth District

FY18 ARNORTH B44 Renovation FSH18ANSRMB44LS

PROJECT TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

00 11 00.01 SOLICITATION, OFFER AND AWARD, SF-1442

00 11 00.02 CONTRACT LINE ITEM 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 00.00 44 CONSTRUCTION SCHEDULE

01 32 01.00 10 PROJECT SCHEDULE

01 33 00 SUBMITTAL PROCEDURES

01 35 13.01 44 SPECIAL PROJECT PROCEDURES FOR JOINT BASE SAN

ANTONIO/FORT SAM HOUSTON

01 35 13.02 44 ISSUANCE OF ACCESS TO NON-COMMON ACCESS CARD CONTRACTORS,

VENDORS, AND NON-DOD CIVILIANS

01 35 13.03 44 TECHNICAL SUPPLEMENT TO THE DESIGN GUIDE FOR JOINT BASE

SAN ANTONIO/FORT SAM HOUSTON

01 35 13.10 00 SPECIAL PROJECT PROCEDURES - SURVEYING

01 35 13.20 00 SPECIAL PROJECT PROCEDURES - CAD

01 35 13.30 00 SPECIAL PROJECT PROCEDURES - GIS

01 35 26 GOVERNMENTAL SAFETY REQUIREMENTS

01 42 00 SOURCES FOR REFERENCE PUBLICATIONS

01 45 00.00 10 QUALITY CONTROL

01 45 00.15 10 RESIDENT MANAGEMENT SYSTEM CONTRACTOR MODE(RMS CM)

01 50 00 TEMPORARY CONSTRUCTION FACILITIES AND CONTROLS

01 57 20.00 10 ENVIRONMENTAL PROTECTION

01 58 00 PROJECT IDENTIFICATION

01 62 35 RECYCLED / RECOVERED MATERIALS

01 74 19 CONSTRUCTION AND DEMOLITION WASTE MANAGEMENT

01 78 00 CLOSEOUT SUBMITTALS

01 78 23 OPERATION AND MAINTENANCE DATA

DIVISION 02 - EXISTING CONDITIONS

02 41 00 DEMOLITION

DIVISION 03 - CONCRETE

03 35 43 POLISHED CONCRETE FINISHING

DIVISION 04 - MASONRY

04 20 00 UNIT MASONRY

DIVISION 05 - METALS

05 50 13 MISCELLANEOUS METAL FABRICATIONS

05 51 00 METAL STAIRS

05 51 33 METAL LADDERS

05 52 00 METAL RAILINGS

DIVISION 06 - WOOD, PLASTICS, AND COMPOSITES

PROJECT TABLE OF CONTENTS Page 1

06 10 00 ROUGH CARPENTRY

06 20 00 FINISH CARPENTRY

06 41 16.00 10 PLASTIC-LAMINATE-CLAD ARCHITECTURAL CABINETS

06 61 16 SOLID SURFACING FABRICATIONS

DIVISION 07 - THERMAL AND MOISTURE PROTECTION

07 11 13 BITUMINOUS DAMPPROOFING

07 21 16 MINERAL FIBER BLANKET INSULATION

07 22 00 ROOF AND DECK INSULATION

07 24 00 EXTERIOR INSULATION AND FINISH SYSTEMS

07 27 10.00 10 BUILDING AIR BARRIER SYSTEM

07 27 19.01 SELF-ADHERING AIR BARRIERS

07 27 36 SPRAY FOAM AIR BARRIERS

07 54 19 POLYVINYL-CHLORIDE ROOFING

07 60 00 FLASHING AND SHEET METAL

07 84 00 FIRESTOPPING

07 92 00 JOINT SEALANTS

DIVISION 08 - OPENINGS

08 11 13 STEEL DOORS AND FRAMES

08 14 00 WOOD DOORS

08 31 00 ACCESS DOORS AND PANELS

08 41 13 ALUMINUM-FRAMED ENTRANCES AND STOREFRONTS

08 71 00 DOOR HARDWARE

08 81 00 GLAZING

08 91 00 METAL WALL LOUVERS

DIVISION 09 - FINISHES

09 06 00 SCHEDULES FOR FINISHES

09 22 00 SUPPORTS FOR PLASTER AND GYPSUM BOARD

09 29 00 GYPSUM BOARD

09 30 10 CERAMIC, QUARRY, AND GLASS TILING

09 51 00 ACOUSTICAL CEILINGS

09 65 00 RESILIENT FLOORING

09 68 00 CARPETING

09 90 00 PAINTS AND COATINGS

DIVISION 10 - SPECIALTIES

10 11 00 VISUAL DISPLAY UNITS

10 14 00.20 INTERIOR SIGNAGE

10 21 13 TOILET COMPARTMENTS

10 22 39 FOLDING PANEL PARTITIONS

10 26 00 WALL AND DOOR PROTECTION

10 28 13 TOILET ACCESSORIES

10 44 16 FIRE EXTINGUISHERS

DIVISION 12 - FURNISHINGS

12 24 13 ROLLER WINDOW SHADES

12 50 00.13 10 FURNITURE AND FURNITURE INSTALLATION

12 59 00 SYSTEMS FURNITURE

DIVISION 14 - CONVEYING EQUIPMENT

14 21 23 ELECTRIC TRACTION PASSENGER ELEVATORS

PROJECT TABLE OF CONTENTS Page 2

DIVISION 21 - FIRE SUPPRESSION

21 13 13.00 10 WET PIPE SPRINKLER SYSTEM, FIRE PROTECTION

DIVISION 22 - PLUMBING

22 00 00 PLUMBING, GENERAL PURPOSE

22 07 19.00 40 PLUMBING PIPING INSULATION

DIVISION 23 - HEATING, VENTILATING, AND AIR CONDITIONING (HVAC)

23 00 00 AIR SUPPLY, DISTRIBUTION, VENTILATION, AND EXHAUST SYSTEMS

23 01 30.41 HVAC SYSTEM CLEANING

23 03 00.00 20 BASIC MECHANICAL MATERIALS AND METHODS

23 05 15 COMMON PIPING FOR HVAC

23 05 48.00 40 VIBRATION AND SEISMIC CONTROLS FOR HVAC PIPING AND

EQUIPMENT

23 05 93 TESTING, ADJUSTING, AND BALANCING FOR HVAC

23 07 00 THERMAL INSULATION FOR MECHANICAL SYSTEMS

23 09 00 INSTRUMENTATION AND CONTROL FOR HVAC

23 31 13.00 40 METAL DUCTS

23 34 23.00 40 HVAC POWER VENTILATORS

23 36 00.00 40 AIR TERMINAL UNITS

23 37 13.00 40 DIFFUSERS, REGISTERS, AND GRILLS

23 52 43.00 20 LOW PRESSURE WATER HEATING BOILERS (UNDER 800,000 BTU/HR

OUTPUT)

23 64 10 WATER CHILLERS, VAPOR COMPRESSION TYPE

23 73 13.00 40 MODULAR INDOOR CENTRAL-STATION AIR-HANDLING UNITS

DIVISION 26 - ELECTRICAL

26 00 00.00 20 BASIC ELECTRICAL MATERIALS AND METHODS

26 05 00.00 40 COMMON WORK RESULTS FOR ELECTRICAL

26 05 19.10 10 INSULATED WIRE AND CABLE

26 05 71.00 40 LOW VOLTAGE OVERCURRENT PROTECTIVE DEVICES

26 09 23.00 40 LIGHTING CONTROL DEVICES

26 20 00 INTERIOR DISTRIBUTION SYSTEM

26 24 16.00 40 PANELBOARDS

26 29 23 VARIABLE FREQUENCY DRIVE SYSTEMS UNDER 600 VOLTS

26 51 00 INTERIOR LIGHTING

26 52 00.00 40 EMERGENCY LIGHTING

DIVISION 27 - COMMUNICATIONS

27 05 14.00 10 CABLE TELEVISION PREMISES DISTRIBUTION SYSTEM

27 05 28.36 40 CABLE TRAYS FOR COMMUNICATIONS SYSTEMS

27 05 29.00 10 PROTECTIVE DISTRIBUTION SYSTEM (PDS) FOR SIPRNET

COMMUNICATION SYSTEMS

27 10 00 BUILDING TELECOMMUNICATIONS CABLING SYSTEM

27 13 23.00 40 COMMUNICATIONS OPTICAL BACKBONE CABLING

27 21 00.00 20 INTERCOMMUNICATION SYSTEM

27 21 00.00 40 INTERCOMMUNICATION SYSTEM

27 21 10.00 40 FIBER OPTIC DATA TRANSMISSION SYSTEM

DIVISION 28 - ELECTRONIC SAFETY AND SECURITY

28 05 26.00 40 GROUNDING AND BONDING FOR ELECTRONIC SAFETY AND SECURITY

28 08 10 ELECTRONIC SECURITY SYSTEM ACCEPTANCE TESTING

PROJECT TABLE OF CONTENTS Page 3

28 10 05 ELECTRONIC SECURITY SYSTEMS (ESS)

28 31 76 INTERIOR FIRE ALARM AND MASS NOTIFICATION SYSTEM

28 31 76.10 INTERIOR FIRE ALARM AND MASS NOTIFICATION SYSTEM

-- End of Project Table of Contents --

PROJECT TABLE OF CONTENTS Page 4

Project Title: FY18 ARNORTH B44 Renovation

Location: Joint Base San Antonio, Fort Sam Houston, San Antonio, Texas

This is a Small Business Design Bid Build construction Invitation for Bid

Magnitude of Construction is betw een $5,000,000 and $10,000,000.

POC; Douglas.d.terrell@usace.army.mil. (817) 886-1220

X

DOUGLAS D TERRELL 817-886-1220

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

09-Aug-2018

(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 _______10 calendar days and complete it w ithin ________365 calendar days after 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 ______________11 Sep 2018 (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 _______90 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

US ARMY ENGINEER DISTRICT, FORT WORTH

ATTN: CESWF-CT

819 TAYLOR ST, ROOM 2A17

FORT WORTH TX 76102-0300

W9126G

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

02:00 PM (hour)

Sealed envelopes containing offers

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

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

817-886-6403FAX:TEL: 817-886-1043 TEL: FAX:

W9126G18B0036 42

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

Section: 00 11 00 W9126G18B0036

Item Unit Line Item No. Description Quantity Unit Price Amount

0001 All work requird to renovate Building 44 Second Floor and to incorporate Third Floors Life Safety. 1 JOB $ *** $

0002 All work requird for construction of the new stairwell for Building 44. 1 JOB $ *** $

OPTIONS

0003 OPTION 01: Furniture, Fixtures, & Equipment (FF&E) for Building 44 Second Floor. 1 JOB $ *** $

0004 OPTION 02: All work requird to renovate Building 44 Third Floor. 1 JOB $ *** $

0005 OPTION 03: Furniture, Fixtures, & Equipment for Building (FF&E) 44 Third Floor.

1 JOB $ *** $

TOTAL ALL OPTIONS

Fort Sam Houston, Texas

CONTRACT LINE ITEM SCHEDULE

BUILDING 44 LIFE SAFETY, 2ND FLOOR AND 3RD

FLOOR RENOVATION

FY 18

TOTAL BASE OFFER

TOTAL OFFER (BASE + OPTIONS)

BUILDING 44 LIFE SAFETY, 2ND FLOOR AND 3RD

FLOOR RENOVATION

FY 18

Fort Sam Houston, Texas

CONTRACT LINE ITEM SCHEDULE

NOTES:

NOTE NO. 1. To better facilitate the receipt and proposal process, all modifications to proposals are to be submitted on copies of the latest Contract Line Item (CLIN) schedules as published in the solicitation or the latest amendment thereto. In lieu of indicating additions/deductions to line items, all Offerors should state their revised prices for each item.

NOTE NO. 2. Offerors must insert a price on all numbered items of the CLIN Schedule. Failure to do so may result in the offer being unacceptable

NOTE NO. 3. CONDITIONS GOVERNING EVALUATION OF OFFERS AND AWARD OF CONTRACTS:

The Government may require the delivery of the numbered line items, identified in the schedule as option items, in the quantity and at the price stated in the schedule. Subject to the availability of funds, the Contracting Officer may exercise the option by written notice to the Contractor within the time indicated below from the Notice to Proceed:

NOTE NO. 4. All the extensions of the unit prices shown will be subject to verification by the Government. In case of variation between the unit price and the extension, the unit price will be considered to be the offer.

NOTE NO. 5. Include all costs for coordination and accommodation of Government-Furnished, Government- Installed Equipment as described in Section 01 10 00 STATEMENT OF WORK in the Contract Line Items for construction of the associated facilities.

NOTE NO. 6. CLIN 0002, the option for the Contractor to install the Furniture, Fixtures, & Equipment (FF&E) includes only the installation of Government purchased items. Payment under Item No. 0010 will be at the contract lump-sum price and will constitute full compensation for the work associated with "Installation of FF&E Items". The Government will order the FF&E items using the forms developed by the Contractor in the FF&E package. The Contractor shall accept delivery of the items at the job site, unload the items, inventory it, and install it. The cost to prepare the FF&E shall be included in CLIN 0002

NOTE NO. 7. The Offeror shall propose a total integrated contract duration in number of calendar days after the Notice to Proceed (NTP) is received by the Contractor, whether via electronic means or hard copy, whichever is the earliest method of delivery. The total number of proposed calendar days for design and construction through completion, ready for turnover shall not exceed the number of calendar days specified in Section 01 00 00.00 44 Construction Schedule. The proposed duration shall become the required contract duration. The Government may issue the NTP via e-mail or Facsimile (FAX) or by other means. Day number 1 is the day after the date of receipt of the NTP. See also Sections 00 72 00 Contract Clauses, clause Commencement, Prosecution and Completion of Work.

NOTE NO. 8. At the option of the Government, the Government may require the Contractor to perform the work identified as Optional line item(s) at the price(s) stated in the CLIN Schedule. The Contracting Officer may exercise one or more of the Option(s) by written notice to the Contractor within 150 calendar days after the date of the acknowledgment of the Notice to Proceed by the Contractor. There is no separate completion period for these option(s) and the work included therein shall be completed within the contract duration as proposed above.

Exercise of the Option(s) shall be evidenced on Standard Form 30, citing FAR 52.217-7, as the authority for

BUILDING 44 LIFE SAFETY, 2ND FLOOR AND 3RD

FLOOR RENOVATION

FY 18

Fort Sam Houston, Texas

CONTRACT LINE ITEM SCHEDULE

exercising the Option. The Option shall be deemed exercised at the time the Government deposits the SF30 in the mail or, if earlier, at the time it is delivered to the Contractor.

NOTE NO. 9. 52.217-5 EVALUATION OF OPTIONS (JUL 1990)

(a) 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).

(b) The Government may reject an offer as nonresponsive if it is materially unbalanced as to prices for the basic requirement and the option quantities. An offer is unbalanced when it is based on prices significantly less than cost for some work and prices which are significantly overstated for other work.

NOTE NO. 10. Responders are advised that this requirement may be delayed, cancelled or revised at any time during the solicitation, selection, evaluation, negotiation and/or final award process based on decisions related to DOD changes in force structure and disposition of the Armed Forces.

NOTE NO. 11. The Army will procure this facility through a design and cost competition in accordance with the provisions set forth in this Request for Proposals (RFP). When awarded, it will be a "Firm Fixed Price Contract."

NOTE NO. 12. Any proposal that is materially unbalanced as to prices for the Base Schedule may be rejected.

An unbalanced proposal is one that is based on prices significantly less than the cost for some work and prices that are significantly overstated for other work and can also exist where only overpricing or underpricing exists.

NOTE NO. 13. ABBREVIATIONS

For the purpose of this solicitation, the units of measure are represented as follows:

a. JOB

END OF CLIN SCHEDULE

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

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2016 52.204-22 Alternative Line Item Proposal JAN 2017 52.214-3 Amendments To Invitations For Bids DEC 2016 52.214-5 Submission Of Bids DEC 2016 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 52.214-26 Audit and Records--Sealed Bidding OCT 2010 52.214-34 Submission Of Offers In The English Language APR 1991 52.214-35 Submission Of Offers In U.S. Currency APR 1991 52.222-5 Construction Wage Rate Requirements--Secondary Site of the

Work

MAY 2014

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications.

OCT 2015

CLAUSES INCORPORATED BY FULL TEXT

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-

(i) The Offeror and/or any of its Principals-

(A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and

(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.;

and

(D) Have , have not , within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager;

head of a division or business segment; and similar positions).

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

(End of provision)

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

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $898.62 for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(End of clause)

52.211-14 NOTICE OF PRIORITY RATING FOR NATIONAL DEFENSE, EMERGENCY PREPAREDNESS, AND ENERGY PROGRAM USE (APR 2008)

Any contract awarded as a result of this solicitation will be DX rated order; XX DO rated order certified for national defense, emergency preparedness, and energy program use under the Defense Priorities and Allocations System (DPAS) (15 CFR 700), and the Contractor will be required to follow all of the requirements of this regulation. [Contracting Officer check appropriate box.]

52.216-1 TYPE OF CONTRACT (APR 1984)

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

52.216-27 SINGLE OR MULTIPLE AWARDS. (OCT 1995)

The Government may elect to award a single delivery order contract or task order contract or to award multiple delivery order contracts or task order contracts for the same or similar supplies or services to two or more sources under this solicitation.

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

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

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

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

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

(d) Alternate offers.

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

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

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

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

(ii) May be accepted if revised during negotiations.

52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from USACE Fort Worth Attention: CECT-SWF 819 Taylor St.

Fort Worth, TX 76102 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)

(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—

Date: Thursday August 15, 2018 Time: 9:00 AM (CST) POC: Charles Cole EMAIL: Charles.W.Cole@usace.army.mil Phone: Charles Cole ‐ (210) 326-7339

(c) Participants will meet at— Location: B56 is located west of the intersection of N New Braunfels Ave and Hood Street. Immediately to the west of Building 56 is the Quadrangle Complex in Fort Sam Houston, San Antonio, TX.

Offerors and subcontractors wishing to participate will provide to the referenced POC, at least 3 working days prior to the site visit, a complete listing of all attendees and subcontractors to attend the site visit.

Parking will be available on site across the street. Include the following information for all attendees and subcontractors.

Requirement for visitors:

Visitor Name and Company Name Texas drives license number Total number of people attending

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 http://farsite.hill.af.mil/vmdfara.htm http://www.usace.army.mil/Portals/2/docs/Contracting/UAI_Version%203__1%20NOV%20201 4.pdf

USDA - DESIGNATED BIOPREFERRED

USDA - DESIGNATED BIOPREFERRED

ATTACHMENT 2: USDA – DESIGNATED BIOPREFERRED PROGRAM PRODUCT CATEFORIES

The following list is current as of 1 Jan 2016. The list is periodically updated, so reviewers should check USDA’s website:

http://www.biopreferred.gov/BioPreferred/faces/pages/ProductCategories.xhtml for updates.

EPA-DESIGNATED RECOVERED

EPA-DESIGNATED RECOVERED

EPA – DESIGNATED RECOVERD MATERIAL PRODUCTS

The following table lists the EPA – designated items must contain recycled material. The list is current as of 1 Jan 2016. The list is periodically updated; reviewers should check EPA’s website:

http://www3.epa.gov/epawaste/conserve/tools/cpg/products/ for updates.

DOE PRODUCT CATEGORIES

ATTACHMENT 3: DOE PRODUCT CATEGORIES COVERED BY EFFICIENCY PROGRAMS

The following list is current as of 1 Jan 2016. The list is periodically updated, so reviewers should check DOE’s website: http://energy.gov/eere/femp/find-product-categories-covered-efficiency-programs for updates.

SEALED BID INSTRUCTIONS

1. INQUIRIES

OFFEROR'S QUESTIONS AND COMMENTS

All questions and/or comments are to be submitted via ProjNet.

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 Solicitation Number is: W9126G18B0036 The Bidder Inquiry Key is: - QJWPWQ-YXSV76 Last day to submit ProjNet questions is 5 calendar days prior to bid closure 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, review the Bidder Inquiry System for answers to questions prior to submission of a new inquiry.

The call center operates weekdays from 8AM to 5PM U.S. Central Standard Time Zone (Chicago). The telephone number for the Call Center is 800-428-HELP.

2. INSTRUCTIONS TO OFFERORS

SPECIAL INSTRUCTIONS PERTAINING TO ELECTRONIC BIDS SUBMISSION (FAR 14.302 & 14.304)

a. All bids and a copy of the SF24 Bid Bond MUST be received via the AMRDEC website no later than 27 August 2018 at 10:00 AM (CDT). No bids, or amendments to bids, in Original will be accepted.

b. Electronically submitted offers must include the completed SF 1442 (in accordance with FAR 52.214-18), Acknowledgement of all amendments, completed CLIN schedule, and original Bid Bond.

c. Offers received will be publicly opened at the following location:

US Army Engineer District, Fort Worth 819 Taylor St, Room 1A03 Fort Worth, TX 76102

2:15 PM (CST)

d. Teleconference Dial-in Information for the public 1-888-675-2535 Access Code 9019067# Security code: 1234

e. Please note, oral explanations or instructions are not binding. Any information given to an Offeror which impacts the solicitation and/or offer will be given in the form of a written amendment to the solicitation.

f. SENDING FILES. The AMRDEC SAFE application can be accessed via https://safe.amrdec.army.mil/safe.

• Proceed as Guest - Select this option if you do not have a CAC. After selecting one of the options above, the page will be redirected to the package upload form. Fill in all the required input fields:

• Your Name – Enter Your name;

• Your Email address – Enter your email address;

• Confirm Your Email Address – Re-enter your email address;

• Description of File(s) – Enter a description for the package; including solicitation number and bid opening date/time.

• File(s) - Click the "Browse" button to select your file(s). You may add up to 25 files per package, so long as the total file size does not exceed 2GB.

• Deletion Date - Select a date for the package to be deleted from SAFE. The maximum (which is also the default) is two weeks (14 days) from today.

• Provide an email address to give access to - Enter ALL of the following email addresses here and click "Add"” gerard.henry@usace.army.mil patricia.a.jackson3@usace.army.mil douglas.d.terrell@usace.army.mil

• Grant access to these people - This is the list of people you have granted access to the package. To remove a recipient, highlight their name and click the "Remove" button;

• Caveats - Default is "None";

• Encrypt email message when possible - Attempt to encrypt the package's notification email to each recipient;

• Notify me when files are downloaded - You (the sender) will receive a notification via email when a recipient downloads the package.

• Require CAC for pickup – Require the recipient to be logged in with a valid US DoD-issued CAC to download the file(s). Recipients without a CAC will not be able to download the package.

Clicking the "Submit" button will upload the files and submit the package. Guest users will need to check their email to verify their email address before the recipients will be notified.

g. Original copies of the Bid Bond shall be submitted to the following point of contact two (2) calendar days after the bid due date.

US Army Engineer District, Fort Worth ATTN: Douglas Terrell 819 Taylor St, Room 2A17 Fort Worth, TX 76102-0300

h. OFFERS BY TELEGRAPH. Offers received by telegraph, modifications thereto, or cancellations of offers will

NOT BE ACCEPTED

i. FACSIMILE OFFERS. Facsimile offers, modifications thereto, or cancellations of offers will NOT BE

ACCEPTED.

j. EMAIL. Modifications and cancellations of offers will be accepted. Only the original electronically submitted bid will be accepted by the Government.

k. RESPONSIBILITY. Award will be made to the lowest, responsible bidder whose bid, conforming to the invitation for bids. To be determined responsible, the apparent low bidder shall:

Have adequate financial resources to perform the contract, or the ability to obtain them. The contractor will be required to provide the Name of the Financial Institution, POC, and phone number.

Have a satisfactory performance record. The contractor shall have no performance annotated with an individual rating of less than SATISFACTORY.

Have a satisfactory record of integrity and business ethics. Awardee will be required to provide at least three (3) references for like work, to include Business Name, Point of Contact, and telephone number.

Have the necessary production, construction, and technical equipment and facilities, or the ability to obtain them;

and Be otherwise qualified and eligible to receive an award under applicable laws and regulations

3. NOTIFICATION OF UNSUCCESSFUL BIDDERS. All contract award information for this solicitation will be published electronically on FedBizOpps (FBO) at www.fbo.gov/ Solicitation Number W9126G18B0036. Written unsuccessful bidder letters will not be issued.

4. PREPROPOSAL CONFERENCE / SITE VISIT

SITE VISIT. See FAR clause 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) – ALTERNATE I (FEB 1995) IMPORTANT NOTES. (1) Remarks and explanations addressed during the conference shall not qualify or alter the terms and conditions of the solicitation. (2) The terms and conditions of the solicitation remain unchanged unless the solicitation is formally amended in writing.

52.228-1 BID GUARANTEE (SEP 19

(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 or $3,000,000.00, whichever is less.-

(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.

Section 00 45 00 - Representations and Certifications

52.204-8 Annual Representations and Certifications JAN 2018 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.209-7 Information Regarding Responsibility Matters JUL 2013 52.222-22 Previous Contracts And Compliance Reports FEB 1999 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.209-7002 Disclosure Of Ownership Or Control By A Foreign Government

JUN 2010

252.225-7031 Secondary Arab Boycott Of Israel JUN 2005

52.204-3 TAXPAYER IDENTIFICATION (OCT 1998)

(a) Definitions.

Common parent, as used in this provision, means that corporate entity that owns or controls an affiliated group of corporations that files its Federal income tax returns on a consolidated basis, and of which the offeror is a member.

Taxpayer Identification Number (TIN), as used in this provision, means the number required by the Internal Revenue Service (IRS) to be used by the offeror in reporting income tax and other returns. The TIN may be either a Social Security Number or an Employer Identification Number.

(b) All offerors must submit the information required in paragraphs (d) through (f) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the IRS. If the resulting contract is subject to the payment reporting requirements described in Federal Acquisition Regulation (FAR) 4.904, the failure or refusal by the offeror to furnish the information may result in a 31 percent reduction of payments otherwise due under the contract.

(c) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN.

(d) Taxpayer Identification Number (TIN).

___ TIN:.--------------------------------------------------------

___ TIN has been applied for.

___ TIN is not required because:

___ Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States;

___ Offeror is an agency or instrumentality of a foreign government;

___ Offeror is an agency or instrumentality of the Federal Government.

(e) Type of organization.

___ Sole proprietorship;

___ Partnership;

___ Corporate entity (not tax-exempt);

___ Corporate entity (tax-exempt);

___ Government entity (Federal, State, or local);

___ Foreign government;

___ International organization per 26 CFR 1.6049-4;

___ Other--------------------------------------------------------

(f) Common parent.

___ Offeror is not owned or controlled by a common parent as defined in paragraph (a) of this provision.

___ Name and TIN of common parent:

Name-------------------------------------------------------------------

TIN--------------------------------------------------------------------

52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (JUL 2016)

(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) Commercial 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 and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (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)

52.204-20 Predecessor of Offeror (JUL 2016)

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) Commercial 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 and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

(b) The Offeror represents that it [____] is or [____] is not a successor to a predecessor that held a Federal contract or grant within the last three years.

(c) If the Offeror has indicated “is” in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):

Predecessor CAGE code: ____ (or mark “Unknown”).

Predecessor legal name: ____.

(Do not use a “doing business as” name).

52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS--

REPRESENTATION (NOV 2015)

(a) Definitions. Inverted domestic corporation and subsidiary have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10).

(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.

(c) Representation. The Offeror represents that--

(1) It [ ___ ] is, [ ___ ] is not an inverted domestic corporation; and

(2) It [ ___ ] is, [ ___ ] is not a subsidiary of an inverted domestic corporation.

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-

(i) The Offeror and/or any of its Principals-

(A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or

State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and

(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.;

and

(D) Have , have not , within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally…