W9126G21B0001_Amendment05_6Nov2020.pdf
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- WSMR Information Systems Facility (ISF)
- Solicitation number
- W9126G21B0001
About this file
This solicitation is for the construction of an Information Systems Facility and Communications Center at White Sands Missile Range in New Mexico. The project is estimated to cost between $25-100 million and will be awarded as a firm-fixed price design-bid-build contract by the Army Corps of Engineers Fort Worth District in December 2020. The facilities will include administrative offices, laboratory space, server and data centers, network operations centers, secure rooms, and telecommunications infrastructure to support installation-wide communication network services. Requirements include HVAC, interior design, accessibility, cybersecurity measures, and sustainability/energy efficiencies. The performance period is 930 days after notice to proceed. Firms must be registered in SAM and no state certifications will be accepted. The primary point of contact is Eugene A. Gibbs and all questions must be submitted by email. Amendments will be posted to beta.sam.gov and firms must register to receive notifications.
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AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT
Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.
15A. NAME AND TITLE OF SIGNER (Type or print)
30-105-04 EXCEPTION TO SF 30
APPROVED BY OIRM 11-84
STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA
FAR (48 CFR) 53.243
The Solicitation for the Information Systems Faciility, White Sands Missile Range is amended as follows.
See SF30 Continuation Sheet(s)
NOTE: Proposal Receipt date has been extended to 19 November 2020; at 10:00 a.m., CT.
1. CONTRACT ID CODE PAGE OF PAGES
J 1 4
16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)
16C. DATE SIGNED
BY
16B. UNITED STATES OF AMERICA 15C. DATE SIGNED 15B. CONTRACTOR/OFFEROR
(Signature of Contracting Officer) (Signature of person authorized to sign)
8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X 9A. AMENDMENT OF SOLICITATION NO.
W9126G21B0001
X 9B. DATED (SEE ITEM 11)
13 OCT 2020
10B. DATED (SEE ITEM 13)
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.
Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:
(a) By completing Items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;
or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.
12. ACCOUNTING AND APPROPRIATION DATA (If required)
13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.
IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.
A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE
CONTRACT ORDER NO. IN ITEM 10A.
B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).
C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:
D. OTHER (Specify type of modification and authority)
E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.
14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)
10A. MOD. OF CONTRACT/ORDER NO.
2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)
6. ISSUED BY
3. EFFECTIVE DATE
06 NOV 2020
CODE
US ARMY ENGINEER DISTRICT, FORT WORTH
ATTN: CESWF-CT
819 TAYLOR ST, ROOM 2A19
P.O. BOX 17300
FORT WORTH TX 76102-0300
W9126G 7. ADMINISTERED BY (If other than item 6)
4. REQUISITION/PURCHASE REQ. NO.
CODE
See Item 6
FACILITY CODE CODE
EMAIL: TEL:
W9126G21B0001
SECTION SF 30 BLOCK 14 CONTINUATION PAGE
SUMMARY OF CHANGES
CHANGES TO SOLICITATION W9126G21B0001
CHANGES TO THE SPECIFICATIONS
1. Deleted Specifications - Delete the section noted below.
08 14 00 WOOD DOORS
2. New Specifications - Include the new sections listed below, noted W9126G21B0001, AMENDMENT 0005
09 53 00 10 22 13 12 93 00
EXTERIOR SOFFIT CEILING ASSEMBLIES
WIRE MESH PARTITIONS
SITE FURNISHINGS
3. Replacement Specifications - Replace the sections listed below with the revised section(s) of the same name and number, noted W9126G21B0001, AMENDMENT 0005
00 21 00 00 73 46 05 51 00 07 21 16 08 71 00 09 90 00 13 34 00 25 10 10 27 10 10
INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS
WAGE DETERMINATION SCHEDULE
METAL STAIRS AND ALTERNATING TREAD DEVICE
MINERAL FIBER BLANKET INSULATION
DOOR HARDWARE
PAINTS AND COATINGS
PREFABRICATED INSULATED SANDWICH PANEL CONCRETE BUILDING
UTIL. MONITORING & CONTROL SYSTEM (UMCS) FRONT END & INTEGRATION
BUILDING TELECOMMUNICATIONS CABLING SYSTEM
CHANGES TO THE DRAWINGS
1. Replacement Drawings - Replace the drawings listed below with the attached revised drawings(s) of the same name and number, noted W9126G21B0001, AMENDMENT 0005
A-105 A-106 A-110 A-112 A-113 A-114 A-115 A-151 A-203 A-204 A-410 A-411 A-412 A-413 A-414 A-580 A-600
ENLARGED FIRST FLOOR PLAN B
ENLARGED SECOND FLOOR PLAN B
VAULT REFLECTED CEILING PLAN
SECOND FLOOR REFLECTED CEILING PLAN
ENLARGED FIRST FLOOR RCP A
ENLARGED FIRST FLOOR RCP B
ENLARGED SECOND FLOOR RCP B
ENLARGED ROOF PLAN A
ENLARGED EXTERIOR ELEVATIONS I
ENLARGED EXTERIOR ELEVATIONS II
ENLARGED PLANS I
ENLARGED PLANS II
ENLARGED PLANS III
ENLARGED PLANS IV
ENLARGED PLANS V
MISCELLANEOUS DETAILS
PARTITION TYPES I
A-601 PARTITION TYPES II
A-602 DOOR SCHEDULE I
A-701 SCHEMATIC AIR BARRIER FLOOR PLANS
A-702 SCHEMATIC AIR BARRIER BUILDING SECTIONS
A-822 ENLARGED STAIR AND ELEVATOR DETAILS
C-102
CD100
CD101
CD102
CD103
CG100
CG101
CG102
CG200
CG201
CG202
CP100
CP101
CP102
CP200
CP201
CP202
CP301
CP401
CS100
CS101
CS102
CU100
CU101
CU102
EP601
EP604
ET103
ET105
ET401
ET402
ET403
ET503
ET601
ET602
ET603
ET604
ET611
ET614
EY101
EY501
OVERALL PROTECTION CONSTRUCTION LIMITS
OVERALL SITE DEMOLITION PLAN
SITE DEMOLITION PLAN I
SITE DEMOLITION PLAN II
ASPHALT DEMOLITION LIMIT TABLES
OVERALL GRADING PLAN
SITE DEMOLITION PLAN I
SITE DEMOLITION PLAN II
OVERALL STORM DRAIN PLAN
STORM DRAIN PLAN I
STORM DRAIN PLAN II
OVERALL PAVING PLAN
PAVING PLAN I
PAVING PLAN II
OVERALL SIGNAGE AND PAVEMENT MARKING PLAN
SIGNAGE AND PAVEMENT MARKING PLAN I
SIGNAGE AND PAVEMENT MARKING PLAN II
CONCRETE JOINT PATTERN PLAN
CONCRETE JOINT PATTERN ELEVATION PLAN
OVERALL SITE PLAN
SITE PLAN I
SITE PLAN II
OVERALL UTILITY PLAN
UTILITY PLAN I
UTILITY PLAN II
POWER RISER DIAGRAM I
EMERGENCY POWER OFF (EPO) RISER DIAGRAM
TELECOMMUNICATION PLAN - 1ST FLOOR, AREA B
TELECOMMUNICATION PLAN - 2ND FLOOR, AREA B
ENLARGED ADMIN. DATA CENTER – CLASSIFIED
ENLARGED UNCLASSIFIED ADMIN DATA CENTER 1
ENLARGED UNCLASSIFIED ADMIN DATA CENTER 2
TELECOMMUNICATIONS DETAILS 3
FIBER ROUTING DIAGRAM
CAT6 & CABLE TV ROUTING DIAGRAM
TELECOMMUNICATIONS RISER DIAGRAM - UNCLASSIFIED RM
TELECOMMUNICATIONS RISER DIAGRAM - 2ND FLOOR
TELECOMMUNICATIONS RACK DETAILS 1
TELECOMMUNICATIONS RACK DETAILS 4
ACCESS CONTROL, CCTV & IDS PLAN - 1ST FLOOR, AREA A
TYPICAL INTRUSION DETECTION SYSTEM (IDS) DETAILS 1
MH-402 ENLARGED CLASSIFIED DATA CENTER HVAC PLAN
MH-403 ENLARGED UNCLASSIFIED DATA CENTER HVAC PLAN
S-001 GENERAL STRUCTURAL NOTES I
S-008 GENERAL STRUCTURAL NOTES AND DETAILS VIII
S-104 STAIR FOUNDATION AND SCREEN WALL FOUNDATION PLANS
S-110 OVERALL SECOND FLOOR FRAMING PLAN
S-301 FOUNDATION SECTIONS
S-302 FOUNDATION SECTIONS AND DETAILS
S-303 FOUNDATION SECTIONS AND DETAILS
End of Summary of Changes
Section 00 21 00 - Instructions, Conditions and Notices to Offerors
SEALED BIDDING INSTRUCTIONS
SEALED BIDDING
INSTRUCTIONS, CONDITIONS, AND NOTICE TO OFFERORS
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.
The Solicitation Number is: W9126G21B0001 The Bidder Inquiry Key is: 95B2SI-R94XPA
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 electronic copy of the SF24 Bid Bond MUST be received via email to
W9126G21B0001, AMENDMENT 0005
Eugene.A.Gibbs@usace.army.mil and no later than Thurs.,<AM05> 1219 NOV 2020 at 10:00 AM (CT) <AM05>. No original will be accepted. NO LATE BIDS WILL BE
OPENED.
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 a copy of the original Bid Bond.
c. Offers received will be publicly opened at the following location:
US Army Engineer District, Fort Worth 819 Taylor St, Room 2A17 Fort Worth, TX 76102 Thurs.,<AM05> 12 19 NOV 2020 <AM05>
2:00 PM (CT)
d. Teleconference Dial-in Information for the public is:
Call-in: 1-877-336-1839 Participant Code: 9998304 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. In an effort to reduce paperwork and reduce cost, all bids shall be submitted electronically. All submissions should be in Adobe PDF format.
Title the file(s) in the following format:
W9126G21B0001_COMPANY NAME_DESCRIPTION
Upload Completion & Deadline. Interested parties shall submit responses no later than the date specified on solicitation document. The time & date of bid receipt will be the upload completion / delivery time & date recorded.
g. Original copies of the Bid Bond shall be submitted to the following point of contact two (2) business days after the bid due date.
US Army Engineer District, Fort Worth ATTN: Eugene A. Gibbs 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 if received by the time specified in the solicitation.
k. RESPONSIBILITY. Award will be made to the lowest, responsible bidder whose bid, conforming to the invitation for bids, will be the most advantageous to the Government. To be determined responsible, the apparent low bidder shall:
(1) 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.
(2) Have a satisfactory performance record. The contractor shall have no performance annotated with an individual rating of less than SATISFACTORY within the last six years.
(3) 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.
(4) Have the necessary organization, experience, accounting and operational controls, and technical skills, or the ability to obtain them (including, as appropriate, such elements as production control procedures, property control systems, quality assurance measures, and safety programs applicable to materials to be produced or services to be performed by the prospective contractor and subcontractors).
(5) Have the necessary production, construction, and technical equipment and facilities, or the ability to obtain them; and
(6) 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 BetaSam at www.beta.sam.gov Solicitation Number W9126G21B0001. 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.
CLAUSES INCORPORATED BY REFERENCE
52.204-7 System for Award Management OCT 2018 52.204-22 Alternative Line Item Proposal JAN 2017 52.214-18 Preparation of Bids-Construction APR 1984 52.214-19 Contract Award-Sealed Bidding-Construction AUG 1996
CLAUSES INCORPORATED BY FULL TEXT
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; X 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.]
(End of provision)
52.214-3 AMENDMENTS TO INVITATIONS FOR BIDS (DEC 2016)
(a) If this solicitation is amended, then all terms and conditions which are not modified remain unchanged.
(b) (1) Bidders shall acknowledge receipt of any amendment to this solicitation--
(i) By signing and returning the amendment;
(ii) By identifying the amendment number and date in space provided for this purpose on the form for submitting a bid;
(iii) By letter;
(iv) By facsimile, if facsimile bids are authorized in the solicitation; or
(v) By email, if email bids are authorized in the solicitation.
(2) The Government must receive the acknowledgement by the time and at the place specified for receipt of bids.
(End of provision)
52.214-4 FALSE STATEMENTS IN BIDS (APR 1984)
Bidders must provide full, accurate, and complete information as required by this solicitation and its attachments.
The penalty for making false statements in bids is prescribed in 18 U.S.C. 1001.
(End of provision)
52.214-5 SUBMISSION OF BIDS (DEC 2016)
(a) Bids and bid modifications shall be submitted in sealed envelopes or packages (unless submitted by electronic means) (1) addressed to the office specified in the solicitation, and (2) showing the time and date specified for receipt, the solicitation number, and the name and address of the bidder.
(b) Bidders using commercial carrier services shall ensure that the bid is addressed and marked on the outermost envelope or wrapper as prescribed in subparagraphs (a)(1) and (2) of this provision when delivered to the office specified in the solicitation.
(c) Facsimile bids, modifications, or withdrawals, will not be considered unless authorized by the solicitation.
(d) Bids submitted by electronic commerce shall be considered only if the electronic commerce method was specifically stipulated or permitted by the solicitation.
(End of provision)
52.214-7 LATE SUBMISSIONS, MODIFICATIONS, AND WITHDRAWALS OF BIDS (NOV 1999)
(a) Bidders are responsible for submitting bids, and any modifications or withdrawals, so as to reach the Government office designated in the invitation for bids (IFB) by the time specified in the IFB. If no time is specified in the IFB, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that bids are due.
(b)(1) Any bid, modification, or withdrawal received at the Government office designated in the IFB after the exact time specified for receipt of bids is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late bid would not unduly delay the acquisition; and--
(i) If it was transmitted through an electronic commerce method authorized by the IFB, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of bids; or
(ii) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of bids and was under the Government's control prior to the time set for receipt of bids.
(2) However, a late modification of an otherwise successful bid that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.
(c) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the bid wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.
(d) If an emergency or unanticipated event interrupts normal Government processes so that bids cannot be received at the Government office designated for receipt of bids by the exact time specified in the IFB and urgent Government requirements preclude amendment of the IFB, the time specified for receipt of bids will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.
(e) Bids may be withdrawn by written notice received at any time before the exact time set for receipt of bids. If the IFB authorizes facsimile bids, bids may be withdrawn via facsimile received at any time before the exact time set for receipt of bids, subject to the conditions specified in the provision at 52.214-31, Facsimile Bids. A bid may be withdrawn in person by a bidder or its authorized representative if, before the exact time set for receipt of bids, the identity of the person requesting withdrawal is established and the person signs a receipt for the bid.
(End of provision)
52.214-34 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE (APR 1991)
Offers submitted in response to this solicitation shall be in the English language. Offers received in other than English shall be rejected.
(End of provision)
52.216-1 TYPE OF CONTRACT (APR 1984)
The Government contemplates award of a Firm Fixed Price contract resulting from this solicitation.
(End of provision)
52.225-12 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.
(End of provision)
52.228-1 BID GUARANTEE (SEP 1996)
(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.
(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States.
The Contracting Officer will return bid guarantees, other than bid bonds, (1) to unsuccessful bidders as soon as practicable after the opening of bids, and (2) to the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.-
(c) The amount of the bid guarantee shall be 20 percent of the bid price or $3,000,000, 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.
(End of provision)
52.233-2 SERVICE OF PROTEST (SEP 2006)
(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from
USACE CECT-SWF
819 Taylor St., Rm 2A17 POC: John Rodgers Fort Worth, TX 76102-0300
(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.
(End of provision)
52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) – ALTERNATE I (FEB 1995)
(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.
(b) As a result of the COVID-19 related public health emergency requirements from White Sands Missile Range and the New Mexico Department of Health, contractor site visits shall comply with the following:
Offerors and subcontractors shall register for site visit appointments at least<AM01> seven (7) Five (5) <AM01> calendar days before the date of the site visit. Site visit appointments are limited to 90 minutes each. Each site visit appointment is limited to eight (8) contractor representative’s total.
Offerors and subcontractors wishing to participate will provide the following information to the referenced POCs:
Visitor Name and Company Name Driver’s license number
Personnel are required to wear masks during site visits if a distance of six (6) feet cannot be maintained between individuals. Contractors must provide their own masks.
Personnel traveling to New Mexico through an airport and whose departure originates outside of New Mexico are subject to the requirements of New Mexico Executive Order 2020-013.
(c) Site Visit Appointment Dates/Times:
Date: <AM03> 27 October 4 November 2020 <AM03> Times: <AM01> 8:30 AM to 10:00 AM (Mountain Time); 10:30 AM to 12:00 PM (Mountain Time);
1:30 PM to 3:00 PM (Mountain Time) <AM01>
Date: <AM03> 28 October 5 November 2020 <AM03> Times: <AM01> 8:30 AM to 10:00 AM (Mountain Time); 10:30 AM to 12:00 PM (Mountain Time);
1:30 PM to 3:00 PM (Mountain Time) <AM01>
(d) Site Visit Registration POC’s
<AM01> Primary POC: Daniel Hartell Tony Saenz EMAIL: Daniel.H.Hartell@usace.army.mil Otoniel.Saenz-Orozco@usace.army.mil Phone: (575) 678‐3288 Office: 575- 678‐3054 Mobile: 915-491-1161
Secondary POC: Roy Bonhorst EMAIL: Roy.N.Bonhorst@usace.army.mil Phone: 575-678-5644 office 915-892-2706 mobile <AM01>
(e) Participants will meet at Building 102, located at the southwest corner of the intersection of Springfield Street and Headquarters Avenue, in the main cantonment area of White Sands Missile Range, NM. Participants can walk to the Information Systems Facility (ISF) project site which is one block away after signing in and receiving a site visit briefing at Building 102. Parking is available on site in the parking lot north of Building 102 located at the intersection of Springfield Street and Headquarters Avenue.
(End of provision)
52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)
This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):
https://www.acquisition.gov
(End of provision)
52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)
(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of"(DEVIATION)" after the date of the provision.
(b) The use in this solicitation of any DFARS (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
(End of provision)
252.236-7007 ADDITIVE OR DEDUCTIVE ITEMS. (DEC 1991)
(a) The low offeror and the items to be awarded shall be determined as follows --
(1) Prior to the opening of bids, the Government will determine the amount of funds available for the project.
(2) The low offeror shall be the Offeror that --
(i) Is otherwise eligible for award; and
(ii) Offers the lowest aggregate amount for the first or base bid item, plus or minus (in the order stated in the list of priorities in the bid schedule) those additive or deductive items that provide the most features within the funds determined available.
(3) The Contracting Officer shall evaluate all bids on the basis of the same additive or deductive items.
(i) If adding another item from the bid schedule list of priorities would make the award exceed the available funds for all offerors, the Contracting Officer will skip that item and go to the next item from the bid schedule of priorities;
and
(ii) Add that next item if an award may be made that includes that item and is within the available funds.
(b) The Contracting Officer will use the list of priorities in the bid schedule only to determine the low offeror. After determining the low offeror, an award may be made on any combination of items if --
(1) It is in the best interest of the Government;
(2) Funds are available at the time of award; and
(3) The low offeror's price for the combination to be awarded is less than the price offered by any other responsive, responsible offeror.
(c) "Example." The amount available is $100,000. Offeror A's base bid and four additives (in the order stated in the list of priorities in the bid Schedule) are $85,000, $10,000, $8,000, $6,000, and $4,000. Offeror B's base bid and four additives are $80,000, $16,000, $9,000, $7,000, and $4,000. Offeror A is the low offeror. The aggregate amount of offeror A's bid for purposes of award would be $99,000, which includes a base bid plus the first and fourth additives. The second and third additives were skipped because each of them would cause the aggregate bid to exceed $100,000.
APPLICATION OF WAGE DECISIONS
Contract Number: W9126G21B0001
Project: Information System Facility
Location: White Sands Missile Range, New Mexico
County: Dona Ana, New Mexico
1. Davis-Bacon Act Wage Decision NM20200045, Building Construction Projects, will be applicable to the construction, alteration, painting or repair of buildings, installations (utilities/equipment above/below grade) within buildings, appurtenances to buildings, foundations for buildings, excavation and fill for buildings, and utilities within five feet of buildings for those construction activities performed in Dona Ana County, New Mexico.
The following wage decision applies to construction activities five (5) feet or more away from the building (structure(s)) construction activities.
2. Davis-Bacon Act Wage Decision, NM, Highway Construction Projects, will be applicable to all utilities more than five feet from buildings, and the construction, alteration or repair of roads, earthwork, paving, fencing, streets, highways, runways, taxiways, alleys, trails, paths, and parking areas for those construction activities as performed in Dona Ana County, New Mexico.
3. Davis-Bacon Act Wage Decision NM20200039, Heavy Construction Projects, will be applicable to the construction, alteration or repair of bridges, drainage projects, flood control projects, land drainage (not incidental to other construction), land leveling (not incidental to other construction), land reclamation, landscaping, site improvements, tunnels, levees, sewers, and other similar projects and any other construction requirements not shown in Paragraph 1 above for those construction activities performed in Dona Ana County, New Mexico.
NOTE:
(1) PAYROLL RECORDS ARE REQUIRED, UNDER THE DAVIS-BACON ACT, TO BE SUBMITTED
TO THE U.S. ARMY CORPS OF ENGINEERS FOR ALL CONSTRUCTION WORK PERFORMED.
(2) THE WAGE DECISIONS NUMBER APPLICABLE TO THE WORK PERFORMED IS TO BE
SHOWN ON ALL THE CERTIFIED PAYROLL RECORDS SUBMITTED
<(AM05)>
<(AM05>
Section 00 73 46 - Wage Determination Schedule
WAGE DETERMINATION
SECTION 00 73 46 Page 1
WSMR Information Systems Facility Vers 3 WSMRISF3
General Decision Number: NM20200045 05/15/2020
Superseded General Decision Number: NM20190045
State: New Mexico
Construction Type: Building
County: Dona Ana County in New Mexico.
BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories).
Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.80 for calendar year 2020 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.80 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2020. If this contract is covered by the EO and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CFR 5.5(a)(1)(ii) (or the EO minimum wage rate,if it is higher than the conformed wage rate). The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.
Modification Number Publication Date 0 01/03/2020 1 05/15/2020
ASBE0076-008 01/01/2018
Rates Fringes
ASBESTOS WORKER/HEAT & FROST
INSULATOR........................$ 34.19 11.73
SECTION 00 73 46 Page 2
CARP1245-006 06/01/2018
Rates Fringes
Carpenter Excludes Drywall Hanging....$ 24.08 10.79
PLUM0412-015 04/01/2018
Rates Fringes
PIPEFITTER.......................$ 33.05 12.68
PLUM0412-018 04/01/2018
Rates Fringes
PLUMBER..........................$ 33.05 12.68
* SHEE0049-005 04/01/2020
Rates Fringes Sheet Metal Worker (Includes HVAC Duct Installation)..........$ 32.27 16.80
SUNM2016-002 09/26/2018
Rates Fringes CARPENTER (Drywall Hanging Only)............................$ 19.64 6.20
CEMENT MASON/CONCRETE FINISHER...$ 18.93 5.85
ELECTRICIAN......................$ 29.26 8.98
IRONWORKER, STRUCTURAL...........$ 28.00 8.21
LABORER: Common or General......$ 16.49 4.54
LABORER: Mason Tender - Cement/Concrete..................$ 17.60 0.00
OPERATOR:
Backhoe/Excavator/Trackhoe.......$ 25.73 4.51
PAINTER (Brush and Roller).......$ 16.60 3.88
PAINTER: Spray..................$ 16.51 2.14 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.
Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year.
Employees must be permitted to use paid sick leave for their
SECTION 00 73 46 Page 3 own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.
Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)).
The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate).
Union Rate Identifiers
A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example:
PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014.
Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate.
Survey Rate Identifiers
Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and
SECTION 00 73 46 Page 4 non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier.
Survey wage rates are not updated and remain in effect until a new survey is conducted.
Union Average Rate Identifiers
Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier.
A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based.
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on a wage determination matter
* a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.)
and 3.) should be followed.
With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to:
SECTION 00 73 46 Page 5
Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W.
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W.
Washington, DC 20210
4.) All decisions by the Administrative Review Board are final.
END OF GENERAL DECISION
SECTION 00 73 46 Page 6
General Decision Number: NM20200035 10/09/2020
Superseded General Decision Number: NM20190035
State: New Mexico
Construction Type: Highway
Counties: Dona Ana and San Juan Counties in New Mexico.
HIGHWAY CONSTRUCTION PROJECTS (excluding tunnels, building structures in rest area projects & railroad construction;
bascule, suspension & spandrel arch bridges designed for commercial navigation, bridges involving marine construction;
and other major bridges).
Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.80 for calendar year 2020 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.80 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2020. If this contract is covered by the EO and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CFR 5.5(a)(1)(ii) (or the EO minimum wage rate,if it is higher than the conformed wage rate). The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.
Modification Number Publication Date 0 01/03/2020 1 10/09/2020
ELEC0611-003 07/01/2014
Rates Fringes
ELECTRICIAN (Boom Operator)......$ 29.79 12.74
<(AM05)>
* TEAM0492-003 01/01/2020
SAN JUAN
Rates Fringes TRUCK DRIVER (Dump)..............$ 16.65 8.07
SUNM2011-003 08/25/2011
Rates Fringes CARPENTER (Includes Form Work)
Dona Ana....................$ 14.15 0.44 San Juan....................$ 13.42 0.44
CEMENT MASON/CONCRETE FINISHER...$ 13.65 0.26
ELECTRICIAN (Includes Traffic Signalization and Installation)
Dona Ana....................$ 25.91 9.45 San Juan....................$ 24.46 8.56
HIGHWAY/PARKING LOT STRIPING:
Includes Highway Line/Parking Lot Line Striping and Line Striping Truck Driver
Dona Ana....................$ 15.44 0.35 San Juan....................$ 14.39 0.35
IRONWORKER, REINFORCING
Dona Ana....................$ 22.61 6.03 San Juan....................$ 16.41 5.85
LABORER
Common or General Dona Ana...................$ 11.95 0.35 San Juan...................$ 11.48 0.35
Flagger/Cone Setter.........$ 14.27 0.35 Mason Tender- Cement/Concrete.............$ 10.25 0.35 Pipelayer...................$ 17.13 5.04
POWER EQUIPMENT OPERATOR:
Backhoe/Excavator/Trackhoe Dona Ana...................$ 17.74 0.26 San Juan...................$ 16.27 1.51
Bobcat/Skid Loader..........$ 14.56 0.26 Broom Sweeper...............$ 16.67 1.57 Grader/Blade................$ 17.64 1.51 Loader(Front End)...........$ 16.53 0.26 Mechanic....................$ 23.24 1.51 Oiler.......................$ 22.08 8.72 Piledriver..................$ 16.26 0.26 Roller (Asphalt and Dirt) Dona Ana...................$ 16.27 1.51
San Juan...................$ 12.91 1.60 Trencher Dona Ana...................$ 15.22 0.26 San Juan...................$ 15.93 0.26
TRUCK DRIVER
Dump Truck Dona Ana...................$ 15.04 0.26
Flatbed Truck...............$ 13.30 0.26 Pickup Truck Dona Ana...................$ 12.14 0.26 San Juan...................$ 12.95 0.26 Water Truck.................$ 13.51 1.51
WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.
Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year.
Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.
Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)).
The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate).
Union Rate Identifiers
A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example:
PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014.
Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate.
Survey Rate Identifiers
Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier.
Survey wage rates are not updated and remain in effect until a new survey is conducted.
Union Average Rate Identifiers
Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier.
A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based.
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on a wage determination matter
* a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional…
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