1442 for W9127P-12-B-0004 - Blair Hangar Project.pdf
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- Blair Hangar Drainage Correction
- Solicitation number
- W9127P-12-B-0004
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Other files
| File | Type | Posted |
|---|---|---|
| OP1419 Abstact for Blair Hangar.pdf | ||
| Site Visit Blair Hangar attendance.pdf | ||
| Blair Hanger Drainage SOW V.1.pdf | ||
| Blair Hangar Q A V.1.pdf | ||
| BLAIR HANGER DWGs.pdf | ||
| Blair Hanger Drainage SOW.pdf |
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Text version
0010173041
• Construction Contract for drainage repair and improvement of storm management systems. Place of performance w ill be at Estate Manning’s
Bay, Kingshill, Virgin Islands.
• Completion time is estimated to be 120 days after the issuance of the Notice to Proceed.
• Work w ill be performed in accordance w ith the contract plans and technical specif ications.
• This action is being solicited as a total small business set aside.
• The North American Industry Classif ication Code (NAICS) is 237990 and the Size Standard for Small Business is $33.5M average annual revenue for the past three years.
• Project magnitude is betw een $100K and $250K.
X
DONNA RAE PROCK 340-712-7856
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
06-Jul-2012
(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 ________120 calendar days after receiving aw ard, X notice to proceed. This performance period is mandatory, negotiable. (See _________________________
12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?
(If "YES," indicate within how many calendar days after award in Item 12B.)
YES X 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 ______________ (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.
shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.
B. An offer guarantee is, X 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 _______60 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
W9127P - USPFO FOR VIRGIN ISLANDS
PURCHASING & CONTRACTING
RURAL ROUTE 2, BOX 9200
KINGSHILL, ST. CROIX VI 00850-9200
W9127P
PAGE OF PAGES
1 OF
CODE
(Title, identifying no., date):
12B. CALENDAR DAYS
(hour)
Sealed envelopes containing offers
5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.
8. ADDRESS OFFER TO (If Other Than Item 7)
340-712-7819FAX:TEL: 340-712-7831/712-7832 TEL: FAX:
W9127P-12-B-0004 52
W9127P-12-B-0004
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 00010 - Solicitation Contract Form
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 1 Provide Drainage & Erosion Control
FFP
Furnish all materials, tools, supplies, equipment, labor and professional supervision required to repair and improve storm water man agement systems and drainage at the Charles Blair Hangar Army Aviation Operations Facility (AAOF), Estate
Mannings Bay, Kingshill, VI-per Statement of Work and Specifications. Work to be completed 120 Days after Notice to Proceed.
FOB: Destination
PURCHASE REQUEST NUMBER: 0010173041
NET AMT
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 N/A N/A N/A Government
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC
0001 POP 01-SEP-2012 TO
30-DEC-2012
N/A W7P4 VIARNG ELEMENT, JF HQ
W7P4 VIARNG ELEMENT, JF HQ
PO BOX 9200
ST CROIX 00850-9731
340-712-7833
FOB: Destination
W90N94
BID SCHEDULE, NOTES
SECTION 00010 NOTES
NOTES
* Note that as of 01 January 2005, offerors are now required to use Online Representations and Certifications
(ORCA), and to update them annually. The website for ORCA is http://orca.bpn.gov. This is in addition to filling in the Representations & Certifications in Section 00600.
1. A complete bid package must contain the following:
(a) Offer, Standard Form (SF) 1442 front and back signed
(b) Section 00010 Line Items- all items must be priced
(c) A valid Bid Bond. Standard Form 24.
(d) Section 00600, Supplemental Information and Representations and Certifications, completed and return only additional certifications found in this section In addition, the offeror must have entered current and complete data within the past year in Online Representations and Certifications (ORCA), is http://orca.bpn.gov.
(e) When completing the “Offeror” portion of the SF 1442 (Blocks 14 – 20), an official having the authority to contractually bind the company must sign the SF 1442 in accordance with FAR 4.102.
One copy of the SF1442 is required to have an original signature.
(f) All amendments to the solicitation must be acknowledged.
(g) Mark the front of the envelope with the following: “BID No. W9127P-12-B-0004”, and the Name and
Address of Bidder. See Block 13A of SF 1442 for required number of copies.
2. All questions and requests for information regarding this Invitation For Bids (IFB) must be received NOT
LATER THAN close of business five days prior to bid date in order to minimize the need to extend the bid opening date. Questions shall be emailed to donna.prock@ng.army.mil See Section 00100 for more information.
3. Offeror’s attention is invited to the insurance requirement contained in this solicitation (Contract Clause FAR
52.228-5). Certification of the required coverage for the prime contractor shall be furnished prior to beginning work on this contract, and the Contracting Officer may request evidence of the required insurance at any time during the life the contract.
4. Reference Contract Clause 252.236-7008, CONTRACT PRICES – BIDDING SCHEDULES (DEC 1991).
The prices shown in the Bidding Schedule must reflect ALL costs involved in performing the work, as described in the plans and specifications.
5. The term “Bidding Schedule” shall also be construed to mean “Offer Schedule” or “Schedule”. The terms
“bid” and “offer”, and “bidder” and “offeror” shall be construed as having the same meaning in this solicitation and resulting contract.
6. All information relating to this IFB, including pertinent changes/amendments and information will be posted on web site: http://www.fbo.gov. For security reasons, all potential offerors, plan rooms and printing companies are required to register in the Central Contractor Registration (CCR), http://www.ccr.gov, and the Federal Business
Opportunities (FedBizOpps) website, https://www.fbo.gov in order to view or download the plans or drawings from the web site. FedBizOpps registration requires the following information (1) Central Contractor Registration
(CCR) Marketing Partner Identification Number (MPIN) 2) DUNS Number and CAGE Code3) Telephone Number
4) E-Mail Address. Registration instructions can be found on the FedBizOpps website at https://www.fbo.gov/downloads/FBO_Vendor_Guide.pdf. . Reference paragraph 4.7 of the Vendor Guide for instructions to obtain a MPIN to retrieve the specification and drawing documents. Contractors who do not already have a MPIN are advised that the normal processing is 7 to 12 business days to obtain a MPIN password that will give them access to the plans and specifications, which are located in the controlled access location on FBO. See video in vendor guide at 3.3 on advanced functions for more information.
Bidders/offerors who have registered with FedBizOpps must access the data for this solicitation with their MPIN.
Bidders/Offerors cannot log into the FedBizOpps home page and search for data.
7. Facsimile transmission of bid is not authorized.
http://orca.bpn.gov/ mailto:donna.prock@ng.army.mil http://www.fbo.gov/ https://www.fbo.gov/downloads/FBO_Vendor_Guide.pdf
End of Section 00010 word document
Section 00100 - Bidding Schedule/Instructions to Bidders
BIDDING SCHEDULE/INSTRUCTIONS
Section 00100 - Bidding Schedule/Instructions to Bidders
SECTION 00100 NOTES
SECTION 00100 INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS
1. SCOPE:
1.1. You are invited to submit a bid in response to our Invitation for Bids (IFB) entitled W9127P-12-B-0004–
Drainage Repair and Improvement, Estate Manning’s Bay Blair Hangar Army Aviation Operations
Facility.
1.2. As a result of this solicitation, the Government intends to award a Firm Fixed Price (FFP) contract resulting from this solicitation to the responsible bidder whose bid, conforming to the invitation for bids, will be most advantageous to the Government, considering only price.
1.3. This solicitation is set-aside 100% for small businesses.
3. NOTICE OF PRE-BID CONFERENCE AND SITE VISIT:
A pre-bid conference will be conducted on SEE CLAUSE 52.236-27 SITE VISIT (CONSTRUCTION) (FEB
1995) – ALTERNATE I (FEB 1995) located in Section 00100 - Bidding Schedule/ Instructions to Bidders. for the purposes of briefing on the bid requirements and answering questions regarding this solicitation. This conference will be held on 16 July 2012 at 1300 at US Purchasing and Contracting office in Estate Bethlehem, USVI.
Interested Contractors are highly encouraged to attend the pre-bid conference. The site visit will be held following the conference.
3.1. Due to security conditions, all offerors must register to attend this conference and site visit. Email the following information for all attendees to Donna Prock and Geraldine Vaval at the following addresses:
donna.prock@ng.army.mil AND geraldine.vaval@us.army.mil
Firm Name and Telephone Number
Name of Attendee(s)
Photo copy of Driver’s License
3.2. This information must be provided in advance, not later than 5 business days prior to the meeting, in order to ensure access to the military base and conference site and ensure adequate seating for the conference attendees. Even if you have access to the base you must register to ensure adequate seating. The furnishing of the above information is voluntary; however, your failure to furnish all or part of the requested information may result in the Government’s denial of your access to the pre-proposal conference. This information will be provided to the
Base Security Forces who will authorize your entrance to the site.
3.3. You will be required to present a valid government issued form of ID at the gate. Any of the above information furnished by you is protected under the Privacy Act and shall not be released unless permitted by law and/or you have consented to such.
3.4. Information provided at this conference or site visit shall not qualify the terms and conditions of the solicitation and specifications. Terms of the solicitation and specifications remain unchanged unless the solicitation is amended in writing. If an amendment is issued, normal procedures relating to the acknowledgment and receipt of solicitation amendments shall apply.
mailto:donna.prock@ng.army.mil mailto:geraldine.vaval@us.army.mil
3.5. A record of the conference shall be made and furnished to all prospective bidders via posting at http://www.fbo.gov. The record will include minutes of the meeting, including questions (on a non-attribution basis) and answers.
4. FORMAL COMMUNICATION, OFFEROR EXPLANATIONS:
4.1. Submit all questions in the format shown below by email to the contracting office at the addresses show below. Do NOT contact AE or Engineering personnel directly. Doing so will only delay your answer. All questions must come through the Contracting Office.
Subject Line: Reference No. SOLICITATION W9127P-12-B-0001
Email: donna.prock@ng.army.mil AND geraldine.vaval@us.army.mil
PRE-BID INQUIRY FORMAT
Date of Bid Inquiry: _______________
From: __________________________ Company Name: ________________________________
Phone Number: ___________________ Email address: __________________________________
Bid Inquiry: (Please clearly state your question) (If sent via an attachment word docs are preferred to facilitate posting of answers to the master Q&A document.)
4.1. Any explanation desired by an offeror regarding the meaning or interpretation of the solicitation, or proposals, drawings, specifications, etc. must be requested in writing and with sufficient time allowed for a reply to reach bidders before the submission of their bid.
4.2. All questions and requests for information (RFI) must be received NOT LATER THAN not later than the fifth working day prior to bid opening. OFFERORS ARE STRONGLY ENCOURAGED TO SUBMIT
QUESTIONS EARLY IN THIS PROCESS.
4.3. Any interpretations made will be in the form of an amendment of the solicitation, drawings, specifications, etc., and will be furnished to all prospective offerors via posting at: http://www.fbo.gov
4.4. Receipt by the offeror must be acknowledged in the space provided on the SF 1442 or by returning a signed copy of the amendment by the time set for receipt of bids. Explanations or instructions given in a form other than an amendment to the solicitation shall not be binding. Questions (on a non-attribution basis) and answers shall be furnished to all prospective bidders via the web site.
4.5. For security reasons, all technical and engineering data related to this solicitation will be distributed using the Federal Business Opportunities (FedBizOpps.gov or fbo.gov) system. FedBizOpps is a web-based dissemination tool designed to safeguard acquisition-related information for all Federal agencies. Interested bidders/offerors must register with FedBizOpps before accessing the system. FedBizOpps registration requires the following information:
4.5.1. 1) Central Contractor Registration (CCR) Marketing Partner Identification Number (MPIN) 2)
DUNS Number and CAGE Code3) Telephone Number 4) E-Mail Address. Registration instructions can be found on the FedBizOpps website at https://www.fbo.gov/downloads/FBO_Vendor_Guide.pdf. Reference paragraph 4.7 of the Vendor Guide for instructions to obtain a MPIN to retrieve the specification and drawing documents.
Contractors who do not already have a MPIN are advised that the normal processing is 7 to 12 business days to obtain a MPIN password that will give them access to the plans and specifications, which are located in the controlled access location on FBO. See video in vendor guide at 3.3 on advanced functions for more information.
Bidders/offerors who have registered with FedBizOpps must access the data for this solicitation with their MPIN.
Bidders/Offerors cannot log into the FedBizOpps home page and search for data.
http://www.fbo.gov/ mailto:donna.prock@ng.army.mil mailto:geraldine.vaval@us.army.mil https://www.fbo.gov/downloads/FBO_Vendor_Guide.pdf
5. AMENDMENTS PRIOR TO DATE SET FOR OPENING OF BIDS: The right is reserved, as the interest of the Government may require, to revise or amend the solicitation, specifications and/or drawings, prior to the date set for opening of bids, as necessary. Such changes, if any, will be announced by an amendment or amendments to this Invitation for Bids. All information relating to this IFB, including pertinent changes/amendments and other information applicable prior to the date set for receipt of bids will be posted at:
http://www.fbo.gov. Offerors are strongly cautioned to check this site frequently and to “refresh” their web page to ensure they have the latest information.
6. BID REPOSITORY AND BID OPENING:
6.1. A bid repository is provided for hand carried bids and is located at USPFO, Rural Route 2, Box 9200, Kingshill, VI, 00850. Hand carried bids must be deposited in the repository prior to the time established for opening of bids. Bidders are cautioned that they will be required pass through the compound gate and should allow time to accomplish this. See instructions for obtain access to the base in the Site Visit instruction. Follow the same instruction for obtaining entry to hand carry bid. Late receipt of bids due to entry delays may not be deemed excusable and the Contracting Officer may declare the bid “late” in accordance with FAR 14.304.
6.2. The bid opening will occur at the time and date specified in Block 13 of the SF1442 at the Virgin Islands
USPFO Conference room in Estate Bethlehem. All interested offerors and their major subcontractors are encouraged to attend the bid opening.
7. WAGE DETERMINATION:
7.1. Davis Bacon Wage Rates are applicable to this project. Current prevailing wage determination(s) at time of issuance of solicitation are. VI120001 01/06/2012; VI1Modification Number 0; Publication Date
01/06/2012 . Applicable wage rates can be found at Applicable wage rates can be found at http://www.wdol.gov/wdol/scafiles/davisbacon/vi.html.
8. BID PREPARATION EXPENSES AND PRE-CONTRACT COSTS: This IFB does not commit the
Government to pay costs incurred in preparation and submission of bids or for other costs incurred prior to award of a formal contract.
9. INFORMATION REGARDING AVAILABILITY OF UTILITY SERVICES: Reference information found at Section 00700 FAR Provision/Clause 52.236-14, Availability and Use of Utility Services consideration when computing its offer.
10. CLAUSES:
10.1. Clauses and provisions from the Federal Acquisition Regulation (FAR) and supplements thereto are incorporated in this document by reference and in full text. Those incorporated by reference have the same force and effect as if they were given in full text.
10.2. Clauses and provisions in this document may not appear in consecutive order.
10.3. REMOVAL OF SECTIONS AT TIME OF AWARD: Sections 00100 and 00600 will be physically removed as a result of an award, but will be deemed to be incorporated by reference in that award.
11. DISPOSITION OF UNSUCCESSFUL BIDS:
In compliance with FAR Subpart 4.8, the Government will retain one copy of all unsuccessful bids. The
Government will destroy extra copies of unsuccessful bids. No destruction certificate will be provided.
http://www.wdol.gov/wdol/scafiles/davisbacon/vi.html
PROVISIONS
CLAUSES INCORPORATED BY REFERENCE
52.214-3 Amendments To Invitations For Bids DEC 1989
52.214-4 False Statements In Bids APR 1984
52.214-5 Submission Of Bids MAR 1997
52.214-6 Explanation To Prospective Bidders APR 1984
52.214-7 Late Submissions, Modifications, and Withdrawals of Bids NOV 1999
52.214-18 Preparation of Bids-Construction APR 1984
52.214-19 Contract Award-Sealed Bidding-Construction AUG 1996
52.222-5 Davis-Bacon Act--Secondary Site of the Work JUL 2005
252.236-7008 Contract Prices-Bidding Schedules DEC 1991
CLAUSES INCORPORATED BY FULL TEXT
52.216-1 TYPE OF CONTRACT (APR 1984)
The Government contemplates award of a Firm Fixed Price contract resulting from this solicitation.
(End of provision)
52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL
EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)
(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance
Requirements for Construction clause of this solicitation.
(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:
Goals for minority participation for each trade
Goals for female participation for each trade
0.0% 6.9%
These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract
Compliance Programs office.
(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction,'' and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from
Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.
(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract
Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the --
(1) Name, address, and telephone number of the subcontractor;
(2) Employer's identification number of the subcontractor;
(3) Estimated dollar amount of the subcontract;
(4) Estimated starting and completion dates of the subcontract; and
(5) Geographical area in which the subcontract is to be performed.
(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is
USPFO of the Virgin Islands
ATTN: MAJOR Geraldine P. Vaval
RR2, Box 9200
Kingshill, VI 00850
FAX (340)712-7866
52.225-10 NOTICE OF BUY AMERICAN ACT REQUIREMENT--CONSTRUCTION MATERIALS (FEB
2009)
(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 Act--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 Act should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of 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 Act before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.
(c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the
Buy American Act, based on claimed unreasonable cost of domestic construction 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
(1) Protest to the independent review authority shall be filed at:
Office of Chief Counsel
ATTN: NGB Protest Decision Authority
111 South George Mason Dr.
Bldg. 2
Arlington, VA 22204-1373
FAX (703) 607-3684 or -3682
OR
(2) Protest to the Contracting Officer shall be filed at:
USPFO of the Virgin Islands
ATTN: MAJOR Geraldine P. Vaval
RR2, Box 9200
Kingshill, VI 00850
FAX (340)712-7866
ONLY WRITTEN PROTESTS WILL BE CONSIDERED. NO PROTESTS MAY BE FIFLED BY ELECTRONIC
MAIL.
(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.
52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) – ALTERNATE I (FEB 1995)
(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.
(b) An organized site visit has been scheduled for--
Reference Section 00100, Paragraph 3 for details.
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):
www.arnet.gov/far http://farsite.hill.af.mil http://www.acq.osd.mil/dpap/dars/dfars/index.htm
(End of provision
52.252-3 ALTERATIONS IN SOLICITATION (APR 1984)
Portions of this solicitation are altered as follows:
NONE
52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)
(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of"(DEVIATION)" after the date of the provision.
http://www.arnet.gov/far http://farsite.hill.af.mil/ http://www.acq.osd.mil/dpap/dars/dfars/index.htm
(b) The use in this solicitation of any Defense Federal Acquisition Regulation (DFAR) (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
252.211-7002 AVAILABILITY FOR EXAMINATION OF SPECIFICATIONS, STANDARDS, PLANS,
DRAWINGS, DATA ITEM DESCRIPTIONS, AND OTHER PERTINENT DOCUMENTS (DEC. 1991)
The specifications, standards, plans, drawings, data item descriptions, and other pertinent documents cited in this solicitation are not available for distribution but may be examined at the following location:
DWGS by CFMO CPT Fred Bible
DATE: 20120423
www.FBO.gov
(Insert complete address)
Section 00600 - Representations & Certifications
REPRESENTATIONS & CERTIFICATIO
Section 00600 - Representations & Certifications
SUPPLEMENTAL INFORMATION
OFFEROR COMPLETE & RETURN SUPPLEMENTAL INFORMATION WITH BID
Offeror Name
Complete Address
Point of Contact
E-Mail address(s)
Phone Number
Fax Number
Cage Code
DUNS Number
TAX ID
Business Size-Include all that are applicable – explanations/definitions of these can be found in the representations and certifications located at http://orca.bpn.gov. The ORCA site contains an ORCA Application Handbook and a homepage. Ensure your Central Contractor Registration (CCR) information is up-to-date. Complete annual
Representations & Certification on line at http://orca.bpn.gov if you have not already done so.
Information provided below will be used to verify your certifications. Check all that are applicable:
( ) Large Business
( ) Large Business, Woman-owned
( ) Small Business
( ) Small Business, Woman Owned
( ) Small Business, HUBZone (Certified)
( ) Small Disadvantaged Business
( ) Certified Section 8 (a) Contractor
( ) Small Veteran Owned Business
( ) Small Disabled Veteran Owned Business
252.203-7005 Representation Relating to Compensation of Former DoD
Officials
NOV 2011
52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAY 2012)
(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is
[insert NAICS code].
(2) The small business size standard is [insert size standard].
(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.
(b)(1) If the clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (d) of this provision applies.
(2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:
( ) Paragraph (d) applies.
( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.
(c)(1) The following representations or certifications in ORCA are applicable to this solicitation as indicated:
(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless--
(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;
(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or
(C) The solicitation is for utility services for which rates are set by law or regulation.
(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.
(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the clause at
52.204-7, Central Contractor Registration.
(iv) 52.204-5, Women-Owned Business (Other Than Small Business).This provision applies to solicitations that--
(A) Are not set aside for small business concerns;
(B) Exceed the simplified acquisition threshold; and
(C) Are for contracts that will be performed in the United States or its outlying areas.
(v) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations--Representation. This provision applies to solicitations using funds appropriated in fiscal years 2008, 2009, 2010, or 2012.
(vi) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.
(vii) 52.223-5, Pollution Prevention and Right-to-Know Information (May 2011) (E.O. 13423) (Applies to services performed on Federal facilities).
(viii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.
(ix) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.
(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.
(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.
(x) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.
(xi) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.
(xii) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.
(xiii) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.
(xiv) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased
Products Under Service and Construction Contracts.
(xv) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA-designated items.
(xvi) 52.225-2, Buy American Act Certificate. This provision applies to solicitations containing the clause at 52.225-
1.
(xvii) 52.225-4, Buy American Act--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225-3.
(A) If the acquisition value is less than $25,000, the basic provision applies.
(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.
(C) If the acquisition value is $50,000 or more but is less than $77,494, the provision with its Alternate II applies.
(D) If the acquisition value is $77,494 or more but is less than $100,000, the provision with its Alternate III applies.
(xviii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at
52.225-5.
(xix) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.
(xx) 52.225-25, Prohibition on Contracting with Entities Engaging in Sanctioned Activities Relating to Iran--
Representation and Certification. This provision applies to all solicitations.
(xxi) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to--
(A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions; and
(B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of
Price Evaluation Adjustment for Small Disadvantaged Business Concerns.
(2) The following certifications are applicable as indicated by the Contracting Officer:
(Contracting Officer check as appropriate.)
(i) 52.219-22, Small Disadvantaged Business Status.
(A) Basic.
(B) Alternate I.
(ii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.
(iii) 52.222-48, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment Certification.
(iv) 52.222-52, Exemption from Application of the Service Contract Act to Contracts for Certain
Services–Certification.
(v) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA–Designated
Products (Alternate I only).
(vi) 52.227-6, Royalty Information.
(A) Basic.
(B) Alternate I.
(vii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.
(d) The offeror has completed the annual representations and certifications electronically via the Online
Representations and Certifications Application (ORCA) website accessed through https://www.acquisition.gov.
After reviewing the ORCA database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, https://www.acquisition.gov/ complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR
4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
FAR Clause Title Date Change
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.
52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (FEB 2012)
(a) Definitions. As used in this provision--
Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian
Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a
Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.
Federal contracts and grants with total value greater than $10,000,000 means--
(1) The total value of all current, active contracts and grants, including all priced options; and
(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).
Principal 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 ( ) has ( ) does not have current active Federal contracts and grants with total value greater than
$10,000,000.
(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:
(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the
Federal or State level that resulted in any of the following dispositions:
(i) In a criminal proceeding, a conviction.
(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.
(iii) In an administrative proceeding, a finding of fault and liability that results in--
(A) The payment of a monetary fine or penalty of $5,000 or more; or
(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.
(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.
(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.
(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the Central Contractor Registration database via https://www.acquisition.gov (see 52.204-7).
252.204-7007 ALTERNATE A, ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2012)
Substitute the following paragraphs (d) and (e) for paragraph (d) of the provision at FAR 52.204-8:
(d)(1) The following representations or certifications in ORCA are applicable to this solicitation as indicated:
(i) 252.209-7001, Disclosure of Ownership or Control by the Government of a Terrorist Country. Applies to all solicitations expected to result in contracts of $150,000 or more.
(ii) 252.209-7003, Reserve Officer Training Corps and Military Recruiting on Campus--Representation. Applies to all solicitations with institutions of higher education.
(iii) 252.216-7008, Economic Price Adjustment--Wage Rates or Material Prices Controlled by a Foreign
Government. Applies to solicitations for fixed-price supply and service contracts when the contract is to be performed wholly or in part in a foreign country, and a foreign government controls wage rates or material prices and may during contract performance impose a mandatory change in wages or prices of materials.
(iv) 252.225-7042, Authorization to Perform. Applies to all solicitations when performance will be wholly or in part in a foreign country.
(v) 252.229-7012, Tax Exemptions (Italy)--Representation. Applies to solicitations when contract performance will be in Italy.
(vi) 252.229-7013, Tax Exemptions (Spain)--Representation. Applies to solicitations when contract performance will be in Spain.
(2) The following representations or certifications in ORCA are applicable to this solicitation as indicated by the
Contracting Officer: [Contracting Officer check as appropriate.]
____ (i) 252.209-7002, Disclosure of Ownership or Control by a Foreign Government.
____ (ii) 252.225-7000, Buy American Act--Balance of Payments Program Certificate.
____ (iii) 252.225-7020, Trade Agreements Certificate.
____Use with Alternate I.
____ (iv) 252.225-7022, Trade Agreements Certificate--Inclusion of Iraqi End Products.
____ (v) 252.225-7031, Secondary Arab Boycott of Israel.
____ (vi) 252.225-7035, Buy American Act--Free Trade Agreements--Balance of Payments Program Certificate.
____ Use with Alternate I.
____ Use with Alternate II.
____ Use with Alternate III.
(e) The offeror has completed the annual representations and certifications electronically via the Online representations and Certifications Application (ORCA) Web site at https://www.acquisition.gov/. After reviewing the ORCA database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in FAR 52.204-8(c) and paragraph (d) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to theNAICS code referenced for this solicitation), as of the date of this offer, and are incorporated in this offer by reference (see FAR
4.1201); except for the changes identified below [offeror to insert changes, identifying change by provision number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
FAR/DFARS Clause # Title Date Change
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.
252.209-7998 REPRESENTATION REGARDING CONVICTION OF A FELONY CRIMINAL VIOLATION UNDER
ANY FEDERAL OR STATE LAW (DEVIATION 2012-O0007) (MAR 2012)
(a) In accordance with section 514 of Division H of the Consolidated Appropriations Act, 2012, none of the funds made available by that Act may be used to enter into a contract with any corporation that was convicted of a felony criminal violation under any Federal or State law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government.
(b) The Offeror represents that it is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a
Federal or State law within the preceding 24 months.
252.209-7999 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX
LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (DEVIATION 2012-O0004) (JAN 2012)
(a) In accordance with sections 8124 and 8125 of Division A of the Consolidated Appropriations Act, 2012,(Pub. L.
112-74) none of the funds made available by that Act may be used to enter into a contract with any corporation that—
(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government.
(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.
(b) The Offeror represents that—
(1) It is [ ___ ] is not [ ___ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability,
(2) It is [ ___ ] is not [ ___ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.
Section 00700 - Contract Clauses
CLAUSES
Section 00700 - Contract Clauses
52.202-1 Definitions JAN 2012
52.203-3 Gratuities APR…
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