W9128A-18-B-0002_IFB.pdf

Invitation for Bids No. W9128A-18-B-0002

FY16 MCAF RNMD043004

F-22 Fighter Alert Facility

Joint Base Pearl Harbor Hickam (JBPHH) Oahu Hawaii

U.S. Army Corps of Engineers

HONOLULU DISTRICT

FY16 MCAF RNMD043004, F-22 Fighter Alert Facility, Joint Base Pearl Harbor-Hickam (JBPHH), Oahu, Haw aii

X

COLIN K WAKI 808-835-4393

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

01-Feb-2018

(RFP)

(IFB)

CALL:

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

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

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

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______7 calendar days and complete it w ithin ________560 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________52.211-10

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

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

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specified in Item 8 by ___________ local time ______________13 Mar 2018 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

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

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

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

D. Offers providing less than _______90 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

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

4. CONTRACT NO.

7. ISSUED BY CODE

CECT - CONTRACTING DIVISION

USACE, HONOLULU DISTRICT

BLDG 252 (CECT-POH)

FT. SHAFTER HI 96858-5440

W9128A

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

02:00 PM (hour)

Sealed envelopes containing offers

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

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

FAX:TEL: TEL: FAX:

W9128A18B0002 90

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

W9128A-18-B-0002

Section 00 10 00 – Page 1

SECTION 00 10 00

BID SCHEDULE

FY16 MCAF RNMD043004, F-22 Fighter Alert Facility, Joint Base Pearl Harbor-Hickam (JBPHH), Oahu, Hawaii

CLIN DESCRIPTION QUANTITY UNIT AMOUNT

BASE SCHEDULE

0001 F-22 Fighter Alert Facility 1 JOB $_____________

OPTIONS

0002 OPTION 1: Install Hangar Doors and Fire 1 JOB $_____________ Protection Systems

0003 OPTION 2: Install Blast Windows, Frames 1 JOB $_____________ and Fixtures

TOTAL PRICE FOR BASE SCHEDULE AND ALL OPTIONS $_____________

THE FOLLOWING WILL BE COMPLETED BY THE CONTRACTING OFFICER UPON

CONTRACT AWARD:

TOTAL AWARD AMOUNT (BASE SCHEDULE PLUS OPTION(S) _________) $ _____________

BIDDER ELECTS TO WAIVE THE PRICE EVALUATION PREFERENCE FOR HUBZone

SMALL BUSINESS CONCERNS: ( ) NO ( ) YES

______ Bid DOES include Facilities Capital Cost of Money

______ Bid DOES NOT include Facilities Capital Cost of Money

NOTES TO BID SCHEDULE:

1. This procurement is UNRESTRICTED.

2. Bidders must bid on each CLIN item and the TOTAL PRICE. Failure to provide a price on each item in the Bid Schedule may cause the bid to be rejected as non-responsive.

Section 00 10 00 – Page 2

3. Award will be based on the Base Schedule only. See Section 00 21 13, FAR Provision 52.217-3, Evaluation Exclusive Of Options.

4. By submission of a price under OPTIONS, the Bidder agrees that the Government may exercise the OPTION(S) at the time of award, or at any time within 180 calendar days following the date of the award of the basic contract.

5. See Section 00 21 16, DFARS Clause 252.204-7004 Alternate A, System for Award

Management (FEB 2014) and FAR 52.204-7 System for Award Management (Oct 2016), regarding registration in the SAM database. Failure to register in the SAM database will make the apparent low Bidder ineligible for award. Bidders must have and/or maintain an active registration with the System for Award Management (SAM) website. To register in SAM, go to http://www.sam.gov.

6. Pending Issue:

The Government notifies all Bidders that the DoD Explosives Safety Board (DDESB) approval is still pending. No construction can begin before DDESB approval is obtained.

The awarded contractor will not be allowed on the construction site for ninety (90) calendar days after Notice to Proceed is acknowledged

7. Small Business Subcontracting Plan (applies if the Bidder is other than a small business concern):

In accordance with Section 00 72 00, FAR Clause 52.219-9, Small Business Subcontracting Plan, the apparent low bidder shall submit the Small Business Subcontracting Plan NO LATER THAN seven (7) working days after the bid opening date.

The apparent low Bidder may fax the plan to (808) 835-4395 or (808) 835-4396. Failure to submit the Small Business Subcontracting Plan in a timely manner may cause the apparent low Bidder to be considered non-responsive.

The following are the subcontract goals:

1) 23% of subcontract amount with small businesses

2) 11.5% of subcontract amount with small disadvantaged businesses

3) 5% of subcontracted amount with women-owned small businesses

4) 3% of subcontracted amount with HUBZone small businesses

5) 2% of subcontracted amount with veteran-owned small businesses

6) 1.5% of subcontracted amount with service disabled veteran-owned small businesses

A sample Small Business Subcontracting Plan has been included as an attachment to Section 00 21 13.

8. Each Bidder must submit the following documents. Failure to submit all required documents may result in the apparent low Bidder being ineligible for award.

a. SF 1442 (pages 1 and 2) including acknowledging all amendments.

b. Bid Schedule

c. Bid Guarantee (See SF 1442, Block 13B and Clause No. 52.228-1, Bid Guarantee, in

Section 00 72 00)

d. Section 00 45 00, Representations and Certifications http://www.sam.gov/

Section 00 10 00 – Page 3

e. Section 00 45 00 - Representations & Certifications, Appendix A - SF LLL, Disclosure of Lobbying Activities

9. All Bidders shall provide one (1) copy of the entire bid on a CD within seven (7) calendar days after the date of bid opening.

10. The micropile quantities and the 40 foot length are identified in Drawing S503. If the actual required quantities and lengths, as finally approved by the Contracting Officer or authorized representative, are materially different from what was identified in Drawing S503, the Government will negotiate an equitable adjustment (increase or decrease to the contract price).

Unanticipated conditions encountered during construction may necessitate quantities of work that vary from that shown on the drawings. To minimize delays associated with encountering unanticipated conditions during construction, provide a unit price for each of the following items. If unanticipated conditions are encountered during construction, promptly notify the Contracting Officer that such a condition has been encountered, describe the condition encountered, and provide a listing of which the following items may be necessary. Upon notification, the Contracting Officer will promptly investigate the matter, and if necessary, may issue a Change Order directing the Contractor to proceed with any or all of the required items. Bidders are advised the following unit prices will not be part of the contract, but are a starting point for initiating the change order process.

DESCRIPTION UNIT UNIT PRICE

1) Micropiles – Additional Length LF $___________

2) Micropiles – Omitted Length LF $___________

11. The magnitude of the construction project is between $25,000,000 and $50,000,000.

12. Request for Inquiries (RFIs) must be submitted no later than March 1, 2018, 2:00 PM

Hawaii Standard Time. The Government Points of Contact for RFIs are as follows:

Mr. Colin Waki Telephone Number: (808) 835-4393 E-mail Address: colin.k.waki@usace.army.mil

Mr. Kent A. Tamai Telephone Number: (808) 835-4377 E-mail Address: kent.a.tamai@usace.army.mil mailto:colin.k.waki@usace.army.mil mailto:kent.a.tamai@usace.army.mil

Section 00 10 00 – Page 4

PAYMENT(S)

Compensation for all work to be performed under this task order will be made under the payment item(s) listed herein. The principal features of the work to be included under the payment item(s) are noted. Work required by drawings and scope of work and not particularly mentioned shall be included in and be paid for under the task order price for the item to which the work pertains. Price(s) and payment(s) for the item(s) shall cover all work, complete and finished in accordance with drawings, scope of work and shall be full compensation for all work in connection therewith, including quality control and cost of performance-and payment-bond premiums in the CONTRACT CLAUSES. Price(s) and payment(s) shall constitute full and final compensation for furnishing all materials, equipment, management, supervision labor, transportation, fuel, power, water, lodging and all incidental items necessary to complete the work, except as otherwise specified to be furnished by the Government. For the purpose of CONTRACT CLAUSE entitled “PROMPT PAYMENT FOR CONSTRUCTON CONTRACTS”, the term “designated billing office” and “designated payment office” are as follows:

a. Billing Office

U.S. Army Corps of Engineers, Honolulu District Fort Shafter Resident Office, Bldg 230 Fort Shafter, HI 96858-5440

b. Payment Office

USACE Finance Center Attn: CEFC-FP 5722 Integrity Drive Millington, TN 38054-5005

Item numbers mentioned herein after correspond to the item numbers in the BID SCHEDULE.

CLIN 0001 – F-22 Fighter Alert Facility

CLIN 0001 will be paid for at the contract price, complete in place and ready for use including the construction of new crew quarters, alert shelter, entry control point, and sentry aloha buildings, asphalt parking and parking stall stripping, airfield pavement and stripping, taxiway, taxiway and security lighting, security fence, car and pedestrian gates, hush house concrete foundation, building demolition and disposal, site work and utilities, secured and unsecured data and voice communications systems, traffic control, site security, phasing, final connections, debris removal and disposal, ground clearing, removal and disposal of asbestos, lead base paint, and mercury suspected items at approved land fill sites, testing, cleanup, and all incidental items necessary to complete the work.

CLIN 0002 – OPTION 1: Install Hangar Doors and Fire Protection Systems

CLIN 0002 will be paid for at the contract price, complete in place and ready for use including the construction of new vertical lift fabric doors at the Alert shelter, high expansion foam fire suppression system, pump room, foam room, 4 exit man doors, 3 coat fuel resistive resinous flooring, demolition and disposal, site work and utilities, debris removal and disposal, ground clearing, testing, cleanup, and all incidental items necessary to complete the work. Crew

Section 00 10 00 – Page 5

Quarter construction will consist of a new pump room and installation of pump, piping, controls and connections to the Alert Shelter fire suppression system, demolition and disposal, site work and utilities, debris removal and disposal, ground clearing, testing, cleanup, and all incidental items necessary to complete the work.

CLIN 0003 – OPTION 2: Install Blast Windows, Frames and Fixtures

CLIN 0003 will be paid for at the contract price, complete in place and ready for use including the construction of new high pressure rated windows and frames on the south side of the building of the crew quarters, demolition and disposal, site work and utilities, debris removal and disposal, cleanup, and all incidental items necessary to complete the work.

Section 00 21 13 – Page 1

Section 00 21 13 - Instructions to Bidders

CLAUSES INCORPORATED BY REFERENCE

52.204-7 Alt I System for Award Management-- Alternate I JUL 2013 52.214-3 Amendments To Invitations For Bids DEC 2016 52.214-4 False Statements In Bids APR 1984 52.214-5 Submission Of Bids DEC 2016 52.214-6 Explanation To Prospective Bidders APR 1984 52.214-7 Late Submissions, Modifications, and Withdrawals of Bids NOV 1999 52.214-18 Preparation of Bids-Construction APR 1984 52.214-19 Contract Award-Sealed Bidding-Construction AUG 1996 52.214-27 Price Reduction for Defective Certified Cost or Pricing Data - Modifications - Sealed

Bidding

AUG 2011

52.214-28 Subcontracting Certified Cost Or Pricing Data--Modifications--Sealed Bidding OCT 2010 52.217-3 Evaluation Exclusive Of Options APR 1984 52.232-13 Notice Of Progress Payments APR 1984

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)

52.216-1 TYPE OF CONTRACT (APR 1984)

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

52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS--SECONDARY SITE OF THE WORK (MAY

2014)

(a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements,of this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.

(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.

(2) The due date for receipt of offers will not be extended as a result of an offeror's request for a wage determination for a secondary site of the work.

Section 00 21 13 – Page 2

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

69.1% 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 Joint Base Pearl Harbor Hickam, Oahu, Hawaii.

Section 00 21 13 – Page 3

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

TRADE AGREEMENTS (MAY 2014)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “designated country construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American -- Construction Materials Under Trade Agreements” (Federal Acquisition Regulation (FAR) clause 52.225-11).

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

(c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction materials, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(4)(i) of FAR clause 52.225-11.

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

(d) Alternate offers. (1) When an offer includes foreign construction material, other than designated country construction material, that is not listed by the Government in this solicitation in paragraph (b)(3) of FAR clause 52.225-11, the offeror also may submit an alternate offer based on use of equivalent domestic or designated country construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of FAR clause 52.225-11 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of FAR clause 52.225-11 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic or designated country construction material, and the offeror shall be required to furnish such domestic or designated country construction material. An offer based on use of the foreign construction material for which an exception was requested-- (i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

52.233-2 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

U.S. Army Corps of Engineers, Honolulu District ATTN: Contracing Officer, Directorate of Contracting, CEPOH-CTB Building 230 Fort Shafter, Hawaii 96858-5440

Section 00 21 13 – Page 4

(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--

February 23, 2018, 1330 Hours, Hawaii Standard Time. Please see Pre-Solicitation notice on FedBizOpps for information on base access and flight line clearance requirements.

(c) Participants will meet at--

Building 3392, 335 Gardner Drive, Joint Base Pearl Harbor Hickam, Oahu, Hawaii

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

http://farsite.hill.af.mil/

252.203-7005 REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (NOV 2011)

(a) Definition. Covered DoD official is defined in the clause at 252.203-7000, Requirements Relating to Compensation of Former DoD Officials.

(b) By submission of this offer, the offeror represents, to the best of its knowledge and belief, that all covered DoD officials employed by or otherwise receiving compensation from the offeror, and who are expected to undertake activities on behalf of the offeror for any resulting contract, are presently in compliance with all post-employment restrictions covered by 18 U.S.C. 207, 41 U.S.C. 2101-2107, and 5 CFR parts 2637 and 2641, including Federal Acquisition Regulation 3.104-2.

252.204-7004 ALTERNATE A, SYSTEM FOR AWARD MANAGEMENT (FEB 2014)

(a) Definitions. As used in this provision— http://farsite.hill.af.mil/

Section 00 21 13 – Page 5

“System for Award Management (SAM) database” means the primary Government repository for contractor information required for the conduct of business with the Government.

“Commercial and Government Entity (CAGE) code” means—

(1) A code assigned by the Defense Logistics Information Service (DLIS) to identify a commercial or Government entity; or

(2) A code assigned by a member of the North Atlantic Treaty Organization that DLIS records and maintains in the CAGE master file. This type of code is known as an “NCAGE code.”

“Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

“Data Universal Numbering System +4 (DUNS+4) number” means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR 32.11) for the same parent concern.

“Registered in the System for Award Management (SAM) database” means that—

(1) The contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, and Contractor and Government Entity (CAGE) code into the SAM database; and

(2) The contractor has completed the Core Data, Assertions, Representations and Certifications, and Points of Contact sections of the registration in the SAM database;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Contractor will be required to provide consent for TIN validation to the Government as part of the SAM registration process; and

(4) The Government has marked the record “Active.”

(b) (1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS+4” followed by the DUNS or DUNS+4 number that identifies the offeror’s name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the SAM database.

(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number—

(i) Via the internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office.

http://fedgov.dnb.com/webform

Section 00 21 13 – Page 6

(2) The offeror should be prepared to provide the following information:

(i) Company legal business name.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company physical street address, city, state and Zip Code.

(iv) Company mailing address, city, state and Zip Code (if separate from physical).

(v) Company telephone number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(d) If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) Offerors may obtain information on registration at https://www.acquisition.gov.

(End of Provision)

252.204-7008 COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE INFORMATION CONTROLS

(OCT 2016)

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

Controlled technical information, covered contractor information system, covered defense information, cyber incident, information system, and technical information are defined in clause 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting.

(b) The security requirements required by contract clause 252.204-7012 shall be implemented for all covered defense information on all covered contractor information systems that support the performance of this contract.

(c) For covered contractor information systems that are not part of an information technology service or system operated on behalf of the Government (see 252.204-7012(b)(2))--

(1) By submission of this offer, the Offeror represents that it will implement the security requirements specified by National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171, ``Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations'' (see http://dx.doi.org/10.6028/NIST.SP.800-171) that are in effect at the time the solicitation is issued or as authorized by the contracting officer not later than December 31, 2017.

https://www.acquisition.gov/ http://dx.doi.org/10.6028/NIST.SP.800-171

Section 00 21 13 – Page 7

(2)(i) If the Offeror proposes to vary from any of the security requirements specified by NIST SP 800-171 that are in effect at the time the solicitation is issued or as authorized by the Contracting Officer, the Offeror shall submit to the Contracting Officer, for consideration by the DoD Chief Information Officer (CIO), a written explanation of—

(A) Why a particular security requirement is not applicable; or

(B) How an alternative but equally effective, security measure is used to compensate for the inability to satisfy a particular requirement and achieve equivalent protection.

(ii) An authorized representative of the DoD CIO will adjudicate offeror requests to vary from NIST SP 800-171 requirements in writing prior to contract award. Any accepted variance from NIST SP 800-171 shall be incorporated into the resulting contract.

252.222-7007 REPRESENTATION REGARDING COMBATING TRAFFICKING IN PERSONS (JAN 2015)

By submission of its offer, the Offeror represents that it--

(a) Will not engage in any trafficking in persons or related activities, including but not limited to the use of forced labor, in the performance of this contract;

(b) Has hiring and subcontracting policies to protect the rights of its employees and the rights of subcontractor employees and will comply with those policies in the performance of this contract; and

(c) Has notified its employees and subcontractors of--

(1) The responsibility to report trafficking in persons violations by the Contractor, Contractor employees, or subcontractor employees, at any tier; and

(2) Employee protection under 10 U.S.C. 2409, as implemented in DFARS subpart 203.9, from reprisal for whistleblowing on trafficking in persons violations.

Section 00 21 13, Appendix A – Page 1

SAMPLE

SMALL BUSINESS SUBCONTRACTING PLAN

CONTRACTOR: ___________________________________

ADDRESS: ____________________________________

PHONE: (______)_____________________________

DUNS NO.: ____________________________________

SOLICITATION OR CONTRACT NUMBER: _______________________________

DESCRIPTION: ________________________________________________________

* Federal Acquisition Regulation (FAR), paragraph 19.708(b)(1)) prescribes the use of the clause at FAR 52.219-9 entitled "Small Business Subcontracting Plan." The following is a suggested model for use when formulating such subcontracting plan. While this model plan has been designed to be consistent with FAR 52.219-9, other formats of a subcontracting plan may be acceptable. However, failure to include the essential information as exemplified in this model may be cause for either a delay in acceptance or the rejection of a bid or offer where the clause is applicable. Further, the use of this model is not intended to waive other requirements that may be applicable under FAR 52.219-9 or that may appear in the Government’s solicitation. "SUBCONTRACT," as used in this clause, means any agreement (other than one involving an employer-employee relationship) entered into by a federal government prime contractor or subcontractor calling for supplies or services required for performance of the contract or subcontract.

1. The information herein provided, together with any attachments and subsequent amendments, is submitted as a subcontracting plan to satisfy the applicable requirements of P.L. 99-661 Section 1207, P.L. 100-180 Section 806, and FAR 52.219-9, Alternate I (JAN 2011). Attached is a copy the company policy statement or internal guidance to company buyers recognizing understanding and commitment to the aforementioned public laws.

2. The following percentage goals, expressed in terms of a percentage of total planned subcontracting dollars, are applicable to the contract cited above or to the contract awarded under the solicitation cited above. (The following table is an example.)

Total Planned Subcontracting dollars and percent under this contract estimated to go to SB Categories listed below:

Amount Percent

a. All types of business concerns under this contract. $100,000.00 50%

b. Small Business Concerns [including American Native Corporations (ANC) and Indian tribes]. (% of “a”)

$18,000.00 18%

c. Veteran-Owned Small Business Concerns (% of “a”) $4,000.00 4%

Section 00 21 13, Appendix A – Page 2

Total Planned Subcontracting dollars and percent under this contract estimated to go to SB Categories listed below:

Amount Percent

d. Service-Disabled Veteran-Owned Small Business Concerns.

(% of “a”)

$4,000.00 4%

e. HUBZone Business Concerns. (% of “a”) $10,000.00 10%

f. Small Disadvantaged Business Concerns (including ANCs and Indian tribes). (% of “a”)

$17,000.00 17%

g. Women-owned Small Business Concerns. (% of “a”) $18,000.00 18%

3. Option Years: (State the goals for the option years. If the same percentages will be used, state, “Same percentages as noted above will be used for each option year.” If there are no option years, leave this portion out of your plan.)

4. The following principle types of supplies and services are anticipated to be subcontracted under this contract to small business (including ANCs and Indian tribes), veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business (including ANCs and Indian tribes), and women-owned small business:

Provide listing of subcontractors, contact information such as phone number or email address, their business size, type of work, and amount to be subcontracted. For example:

Contractor Contract info Size Type of Work Amount Percent S&S Sampling (999)555-5555 SB Soil Drilling $5,000 5% ABC Testing abc@dot.com SDB Material testing $15,000 15% XYZ Consultants (999)444-4444 WOSB Civil Engineering $7,500 7.5% John Doe Surveying (000)333-3333 HUBZone Survey $15,000 15% ACME Plumbing acme@dot.com SDB and

VOSB

Plumbing $8,250 8.2%

Ace Equipment ace@dot.com SDVOSB and VOSB

Equipment Rental $5,000 5%

AAA Electrical Supplier aaa@dot.net VOSB Electrical Supplies $12,000 12%

5. The method used to develop the subcontracting goals in paragraph 2 above involved:

Provide statement that describes how goals were developed, e.g., “Identified firms that are capable of performing the services required in the disciplines indicated above and past experience in similar contracts.”

6. The method used to identify potential sources for solicitation purposes involve:

List sources of potential subcontractors. For example: SBA’s PRO-Net database, Corps of Engineers’ vendor listing, General Contractors’ Association, past experience and/or familiarity with specific subcontractors, etc.

7. Within the goals specified in paragraph 2 above, indirect costs are or are not included.

(A statement as to whether or not indirect costs are included in establishing subcontracting goals, and if indirect costs are included, a description of the method used to determine the proportionate share of indirect costs to be incurred with (i) small business (including ANCs and Indian tribes), (ii) Veteran-owned; (iii) Service-disabled veteran owned; (iv) HUBZone; (v) Small disadvantaged (including ANCs and Indian tribes); (vi) women-owned business concerns).

NOTE: COMMERCIAL PLANS MUST INCLUDE INDIRECT COSTS.

Section 00 21 13, Appendix A – Page 3

8. The following individual will administer the subcontracting program:

Name: __________________________________

Title: __________________________________

Address: __________________________________

Telephone: (_______)_________________________

FAX: (_______)_________________________

The duties of the above named person(s) involve:

a. Developing and maintaining subcontractor and supplier lists of small (including ANCs and Indian tribes), veteran-owned small, service-disabled veteran-owned small, HUBZone small, small disadvantaged (including ANCs and Indian tribes), and women-owned small business concerns.

b. Ensuring small (including ANCs and Indian tribes), veteran-owned small, service-disabled veteran-owned small, HUBZone small, small disadvantaged (including ANCs and Indian tribes), and women-owned small business concerns are considered for assignments in which they are capable of performing.

c. Monitoring the progress toward proposed subcontracting goals, and if necessary, makes adjustments to achieve the subcontracting goals.

d. Preparing and submitting periodic subcontracting reports to include the Individual Subcontract Report (ISR) and the Summary Subcontract Report (SSR) using the Electronic Subcontracting Reporting System (eSRS) at www.esrs.gov following the instructions in the eSRS and FAR clause 52.219-9.

e. Notifying the Contracting Officer of any deviation from this subcontracting plan.

f. Make arrangements to identify small (including ANCs and Indian tribes), veteran-owned small, service-disabled veteran-owned small, HUBZone small, small disadvantaged (including ANCs and Indian tribes), and women-owned small business concerns through multiple sources such as SBA’s SUB-Net (http://web.sba.gov/subnet/), CCR Dynamic Small Business Search (http://dsbs.sba.gov/dsbs/dsp_dsbs.cfm), the National Minority Purchasing Council Vendor Information Service, the Office of Minority Business Data Center in the Department of Commerce, the facilities of local small business, minority associations, and contact with federal agencies’ Small Business Specialists.

g. Attending or arranging for the attendance of company counselors at Business Opportunity Workshops, Minority Business Enterprise Seminars, Trade Fairs, Procurement Conferences, etc.

h. Overseeing the establishment and maintenance of contract and subcontract award records.

i. Ensuring small (including ANCs and Indian tribes), veteran owned small, service-disabled veteran-owned small, HUBZone small, small disadvantaged (including ANCs and Indian tribes), and women-owned small business concerns are made aware of subcontracting opportunities and how to prepare responsive bids to the company.

j. Preparing, and submitting timely, required subcontract reports.

k. Coordinating the company’s activities during the conduct of compliance reviews by Federal agencies.

l. Providing technical assistance; e.g., engineering, quality control, and managerial assistance to small (including ANCs and Indian tribes), veteran owned small, service-disabled veteran-owned

Section 00 21 13, Appendix A – Page 4 small, HUBZone small, small disadvantaged (including ANCs and Indian tribes), and women-owned small business concerns.

n. Other duties: ________________________________________________________________

9. The following outreach efforts will be taken to assure small business (including ANCs and Indian tribes), veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business (including ANCs and Indian tribes), and women-owned small business concerns will have an equitable opportunity to compete for subcontracts:

Provide description of your outreach efforts. For example:

a. Sources will be identified from the Small Business Administration’s PRO-Net database.

b. Sources will be requested from business development organizations such as the Chamber of Commerce and Regional Minority Development Councils.

c. Participation in small business trade fairs.

10. The offeror agrees that the clause in this contract entitled “Utilization of Small Business Concerns” will be included in all subcontracts which offer further subcontracting opportunities, and all subcontractors (except small business concerns) who receive subcontracts in excess of $650,000 for supplies or services or greater than $1,500,000 for construction will be required to adopt and comply with a subcontracting plan similar to this one as required by FAR 52.219-9, “Small Business Subcontracting Plan.” The acceptability of percentage goals shall be determined on a case-by-case basis depending on the supplies or services involved, the availability of potential small business (including ANCs and Indian tribes), veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business (including ANCs and Indian tribes), and women-owned small business subcontractors, and prior experience. (Flow-down of the subcontracting plan requirement is not applicable to subcontracts for commercial items in contracts that contain either FAR 52.212-5(e) or FAR 52.244-6(c).)

11. The offeror agrees to:

a. Cooperate in any studies or surveys as may be required.

b. Submit periodic reports in order to allow the Government to determine the extent of compliance by the offeror with the subcontracting plan.

c. Submit on a semi-annual basis, the Individual Subcontract Report (ISR) and the Summary Subcontract Report (SSR) using the Electronic Subcontracting Reporting System (eSRS) at www.esrs.gov following the instructions in eSRS and FAR Clause 52.219-9, in accordance with the instructions of the administering contracting office.

d. Ensure that its subcontractors agree to submit ISR and/or SSR using eSRS, if applicable.

e. Provide its DUNS number, and e-mail address of the official responsible for acknowledging receipt of or rejecting the ISRs, to all first-tier subcontractors with subcontracting plans in order to enter the information into the eSRS when submitting ISRs; and

f. Require each subcontractor with a subcontracting plan provide the administer of this subcontracting plan, its DUNS number, and e-mail address of the subcontractor’s official responsible for acknowledging receipt of or rejecting the ISRs, to its subcontractors with subcontracting plans.

12. The offeror agrees to maintain the following types of records to demonstrate compliance with this subcontracting plan:

a. Source lists, guides, and other data that identify small business (including ANCs and Indian tribes), veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business (including ANCs and Indian tribes), and women-owned small business concerns.

Section 00 21 13, Appendix A – Page 5

b. Organizations contacted for small business (including ANCs and Indian tribes), veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business (including ANCs and Indian tribes), and women-owned small business concerns.

c. On a contract-by-contract basis, records on each subcontract solicitation resulting in an award of more than $150,000, indicating:

(1) Whether small business (including ANCs and Indian tribes) concerns were solicited and if not, why not,

(2) Whether veteran-owned small business concerns were solicited and if not, why not,

(3) Whether service-disabled veteran-owned business concerns were solicited and if not, why not,

(4) Whether HUBZone business concerns were solicited and if not, why not,

(5) Whether small disadvantaged business (including ANCs and Indian tribes) concerns were solicited and if not, why not, and

(6) Whether women-owned small business concerns were solicited and if not, why not,

(7) if applicable, the reason award was not made to a small business concern.

d. Records to support other outreach efforts to locate small business:

(1) Trade associations

(2) Business development organizations

(3) Conferences and trade fairs to locate small, HUBZone small, small disadvantaged, and women-owned small business sources

(4) Veterans service organizations.

e. Records of internal guidance and encouragement provided to buyers through –

(1) Workshops, seminars, training, business trade fairs, chamber of commerce, etc., and

(2) Monitoring performance to evaluate compliance with the program’s requirements.

f. On a contract-by-contract basis, records to support award data will be submitted to the Government, including the name, address, and business size of each subcontractor.

13. In order to comply effectively to implement this plan to the extent consistent with efficient contract performance the following functions will be performed:

a. Assist small business (including ANCs and Indian tribes), veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business (including ANCs and Indian tribes), and women-owned small business concerns by arranging solicitations, time for the preparation of bids, quantities, specifications, and delivery schedules so as to facilitate the participation by such concerns. Potential small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business subcontractors are excessively long, reasonable effort shall be made to give all such small business concerns an opportunity to compete over a period of time.

b. Provide adequate and timely consideration of the potentialities of small business (including ANCs and Indian tribes), veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business (including ANCs and Indian tribes), and women-owned small business concerns in all “make-or-buy” decisions.

c. Counsel and discuss subcontracting opportunities with representatives of small business (including ANCs and Indian tribes), veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business (including ANCs and Indian tribes), and women-owned small business concerns

d. Confirm that a subcontracting representing itself as a HUBZone small business concern is identified as a certified HUBZone small business concern by accessing the Central Contractor Registration (CCR) database or by contacting SBA.

Section 00 21 13, Appendix A – Page 6

e. Provide notice to subcontractors concerning penalties and remedies for misrepresentations of business status as small, veteran-owned small business, HUBZone small, small disadvantaged or women-owned small business for the purpose of obtaining a subcontract thiat is to be included as part or all of a goal contained in this subcontracting plan.

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