Solicitation _W9128F-15-T-0051 _Fort_Randall_Parking_Lot_Rehab.pdf
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FT RANDALL PRJT OFC TEC SPT SC
USAED, OMAHA CENWO-OD-FR-T P O BOX 199
PICKSTOWN SD 57367-0199
TEL: FAX:
REQUEST FOR QUOTATIONS
(THIS IS NOT AN ORDER) 1
PAGE OF PAGES
1. REQUEST NO. 2. DATE ISSUED RATING
W9128F-15-T-0051 12-May-2015 5a. ISSUED BY
8. TO: NAME AND ADDRESS, INCLUDING ZIP CODE
IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this
Request for Quotations must be completed by the quoter.
11. SCHEDULE (Include applicable Federal, State, and local taxes)
ITEM NO.
(a)
SUPPLIES/ SERVICES
(b)
QUANTITY
(c)
UNIT
(d)
UNIT PRICE
(e) (f)
SEE SCHEDULE
AMOUNT
% No. %
NOTE: Additional provisions and representations [ ] are [ ] are not attached.
13. NAME AND ADDRESS OF QUOTER (Street, City, County, State, and ZIP Code)
14. SIGNATURE OF PERSON AUTHORIZED TO
SIGN QUOTATION
15. DATE OF
QUOTATION
16. NAME AND TITLE OF SIGNER (Type or print) (Include area code)
TELEPHONE NO.
AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 18 (REV. 6-95)
PREVIOUS EDITION NOT USABLE Prescribed by GSA FAR (48 CFR) 53.215-1(a)
THIS RFQ X[ ] IS [ ] IS NOT A SMALL BUSINESS SET-ASIDE
6. DELIVER BY (Date)
SEE SCHEDULE
AND/OR DMS REG. 1
UNDER BDSA REG. 2
4. CERT. FOR NAT. DEF.3. REQUISITION/PURCHASE
REQUEST NO.
U.S. ARMY CORPS OF ENGINEERS, OMAHA DIST
CONTRACTING OFFICE
1616 CAPITOL AVENUE
OMAHA NE 68102-4901
9. DESTINATION (Consignee and address, including ZIP Code)
7. DELIVERY
[ ]X FOB
DESTINATION
[ ] OTHER
(See Schedule)
26-May-2015(Date)
PLEASE FURNISH QUOTATIONS TO THE ISSUING OFFICE IN BLOCK 5a ON OR BEFORE CLOSE OF BUSINESS:10.
(402) 995-2074WAYNE C WEIDENHAMER
(Name and Telephone no.) (No collect calls)5b. FOR INFORMATION CALL:
d. CALENDAR DAYSc. 30 CALENDAR DAYSb. 20 CALENDAR DAYS12. DISCOUNT FOR PROMPT PAYMENT a. 10 CALENDAR DAYS
W9128F-15-T-0051
Section B - Supplies or Services and Prices
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 1 Job Ft. Randall Rehab Driveway and Parking
FFP
Ft. Randall Rehab Maintenance Facility Driveway and Parking lot Remove 2870- SY of asphalt, mill and/or haul to stock pile area. Cut driveway sub-base 1-2” for use as 6” sub-base material on extended parking lot areas. Excavate and dispose 3 electrical & 3 street light footings. Remove and replace sidewalk and Misc earth work. IAW attached Scope of Work.
FOB: Destination
NET AMT
PRICE SCHEDULE
RICE SCHEDULE
Rehab Maintenance Facility Driveway and Parking lot
Fort Randall Project SD
Remove 2870-SY of asphalt, mill and/or haul to stock pile area. Cut driveway sub-base 1-2” for use as 6” sub-base material on extended parking lot areas. Excavate and dispose 3 electrical & 3 street light footings. Remove and replace sidewalk. Misc earth work.
DESCRIPTION UNIT PRICE ITEM TOTAL
Furnish all equipment, materials and labor to Rehab Maintenance Facility Driveway and Parking lot as described in SOW dated 5/1/2015 $____________ $_____________
TOTAL PRICE $_____________
Section C - Descriptions and Specifications
SOW
| Description | of | SOW | for | Rehab | Maintenance | Facility | Driveway | and | Parking | lot |
| Ft | Randall | Project | SD: |
| The | work | includes | removal | of | approximately | 2,870 | square | yards | of | road | asphalt | that | |||||
| averages | 4"‐5” | thick | along | the | Maintenance | Facility | driveway | and | 3”‐3.5” | along | the | parking | |||||
| lot. | The | asphalt | material | will | be | either | hauled | about | one | mile | away | to | the | Fort | Randall | ||
| Bone | Yard | and | stockpiled; | or | milled | and | stockpiled | near | the | job | site. | The | new | design | of | the | |
| Maintenance | Facility | driveway | and | parking | lot | sub‐base | will | consist | of | work | to | cut | and/or | ||||
| fill | to | the | elevations | indicated | on | the | drawings | and | compacted, | while | new | sub‐base | areas | ||||
| will | need | to | be | excavated | then | filled | with | 6" | of | compacted | gravel. | Cut | sub‐base | material | |||
| (approximately | 2” | deep) | from | the | driveway | sections | is | to | be | used | as | sub‐base | fill | on | the | ||
| parking | lot | extensions. | Other | work | will | include: | 1) | Removal | of | three | (3) | street | light | poles | |||
| to | be | retained | by | the | Government | and | respective | footings | estimated | at | 24”x24”x96” | deep | |||||
| (cut | conduit | & | abandon) | to | be | disposed | of | by | the | contractor; | 2) | Removal | and | disposal | of | ||
| three | (3) | electrical | pedestal | (with | bollard) | footings | approximately | 24”x36”x48” | deep; | 3) | |||||||
| Remove, | dispose | and | replace | a | sidewalk | approximately | 98' | long | by | 6' | wide; | 4) | Excavating | a | |||
| 120’ | long | electrical | conduit | trench | to | 6” | deep | by | 3" | wide | along | the | sidewalk | sub‐base | and | ||
| extend | approximately | 20' | north | to | a | designated | electrical | junction | box | location; | 5) | Backfill | |||||
| and | compact | electrical | conduit | trench | after | COE | personnel | install | the | PVC | electrical | ||||||
| conduit; | 6) | Earthwork | for | removal | of | 40’ | of | 18” | round | culvert | to | be | retained | by | the | ||
| Government; | and | 7) | Ditch | grading | and | shaping. | Optional | work | will | include | placing | ||||||
| landscaping | rock | at | designated | locations. |
For additional details see attached Specifications and Drawings
Section E - Inspection and Acceptance
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 Destination N/A Destination Government
Section F - Deliveries or Performance
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC
0001 17-JUL-2015 1 FT RANDALL PRJT OFC TEC SPT SC
USAED, OMAHA CENWO-OD-FR-T P O
BOX 199
PICKSTOWN SD 57367-0199
FOB: Destination
G6R0DT0
Section G - Contract Administration Data
INSTRUCTIONS & NOTICES
SOLICITATION INSTRUCTIONS:
RFQ (Request for Quotation) This solicitation is a Request for Quotation (RFQ) a Firm-Fixed price contract will be awarded on the basis of: low price
Please complete and return the following:
-The Standard Form (SF) 18 pages where it was necessary to fill in information/price(s)/signature.
-Offeror Representations and Certifications – Non-Commercial Items (Refer to Federal Acquisition Regulation
(FAR) 52.212-3)
-Offeror Representations and Certifications -- Commercial Items (Refer to Federal Acquisition Regulation (FAR) 52.212-3)
Please enter your CAGE Code on page 3 of Instructions and Notices. The company name and street address entered on the SF 18 should match the System for Award Management (SAM) entry for that CAGE Code. The offeror’s SAM Profile must contain the North American Industrial Classification Systems (NAICS) Code listed in the solicitation in order to be awarded the contract. Additional information pertaining to the SAM, CAGE Code and NAICS Code is contained in this Instructions and Notices section.
Offers are due by: 3:00 pm on 1 June 2015. Send your completed solicitation package to the attention of Wayne Weidenhamer or via mail or e-mail as follows:
U.S. Army Corps of Engineers, ATTN: Wayne C. Weidenhamer, NOW-CT-C, USACE, 1616 Capitol Ave, Omaha NE. 68102, E-mail to: (please scan documents with signatures) to Wayne C. Weidenhamer at wayne.c.weidenhamer@usace.army.mil.
Please reference Solicitation Number W9128F-15-T-0051 on all correspondence.
Points of Contact (POC):
For contractual questions, contact Wayne C. Weidenhamer at 402-995-2074 or at wayne.c.weidenhamer@usace.army.mil.
For technical or specification questions; contact Russell P. Kieffer at 605-487-7845 x3006, or Russell.P.Kieffer@usace.army.mil.
INFORMATION PERTAINING TO MANDATORY REGISTRATIONS, CODES, NUMBERS &
REPRESENTATIONS & CERTIFICATIONS:
System for Award Management (SAM):
What is SAM?
The System for Award Management (SAM) is combining federal procurement systems and the Catalog of Federal Domestic Assistance into one new system. This consolidation is being done in phases. The first phase of SAM includes the functionality from the following systems:
* Central Contractor Registry (SAM)
* Federal Agency Registration (FedReg)
* Online Representations and Certifications Application (ORCA)
* Excluded Parties List System (EPLS)
How will SAM benefit me?
The overarching benefits of SAM include streamlined and integrated processes, elimination of data redundancies, and reduced costs while providing improved capability.
SAM registration is required prior to receiving contract award. If you are not currently registered in SAM, refer to the website for information and instructions on how to register. You may link to the SAM website through the aforementioned BPN website or you may go directly to the SAM website at https://www.sam.gov. Clicking on “Help” on the top ribbon of the SAM Home Page will give you access to the following information:
About SAM News User Help Agency Information Interface and Data Access Contact Us External Resources
SAM Service Desk:
URL: http://www.FSD.gov (8am - 8pm Eastern Time) US Calls: 866-606-8220 International Calls: 334-206-7828
DSN: 809-463-3376
Do not delay returning a quote while processing your SAM entry.
Electronic Funds Transfer (EFT):
EFT is a mandatory requirement for the U.S. Army Corps of Engineers. The successful offeror will be required to complete and return EFT forms that will be provided by our agency upon contract award, unless the offeror is currently entered as an active vendor in the Omaha District Corps of Engineers Financial Management System (CEFMS). Offerors with an active vendor entry in the Omaha District CEFMS will be asked to verify the existing EFT information. Please note the CEFMS EFT entry is in addition to the EFT information entered into the offeror’s SAM registration.
NAICS Code:
This solicitation is being advertised under the North American Industrial Classification Systems (NAICS) Code listed in Box 10 on Page 1 of the SF 1449. You must ensure this NAICS Code is incorporated into your current SAM Profile if your company can provide the type of product or service applicable to this NAICS Code. Failure to have this NAICS Code in your current SAM Profile may result in not being considered for award. NAICS Codes may be viewed at the U.S. Census Bureau website at http://www.census.gov/eos/www/naics
Dun and Bradstreet Number (DUNS Number):
A DUNS Number is required for SAM registration. If you do not currently have a DUNS number, you may acquire one by linking to the Dun & Bradstreet (D&B) website at http://fedgov.dnb.com/webform. D&B’s Government Customer Response Center (GCRC) phone number is 866-705-5711.
Dun & Bradstreet (D&B) provides a DUNS Number, a unique nine digit identification number, for each physical location of your business.
DUNS Number assignment is free for all businesses required to register with the US Federal Government for contracts or grants.
If a DUNS Number does not exist for your business location, it can be created within 1 business day via the D&B website.
OFFEROR’S INFORMATION REQUIRED TO PROCESS AN AWARD:
CAGE Code______________________
DUNS Number ___________________
Tax Identification Number (TIN)______________________________
Company Name and Address:
(Also REQUIRED to match SAM Profile and Block 17a on SF 1449)
Point of Contact:
Name_______________________________________
Title________________________________________
Business Phone ______________________________
Cell Phone (if applicable)______________________
E-Mail______________________________________
Is your Company (please circle each line individually):
Small Business concern Yes No Small Disadvantaged Business concern Yes No Veteran-Owned Small Business concern Yes No Service-Disabled Veteran-Owned Small Business concern Yes No Women-owned business concern Yes No Sole Proprietorship Yes No Partnership Yes No Corporation Yes No
Registered with SAM Yes No
State and Local Taxes:
The U.S. Army Corps of Engineers is exempt from paying state and local taxes per Title 4 United States Code 104-
107. The U.S. Army Corps of Engineers Tax ID Number is 62-1642142.
Contractors performing services for the U.S. Army Corps of Engineers are not exempt from state and local taxes in transactions with vendors, suppliers or subcontractors.
In the State of South Dakota, there is an excise tax on the total gross receipts of all prime contractors and subcontractors engaged in realty improvement. Contractors shall include the excise tax in its quotation.
For information concerning the taxes contact: Sales and Use Tax Division, Capital Lake Plaza, Pierre, South Dakota. Telephone 605-773-3311. [NOTE: Use only in contracts performed in South Dakota. All SD construction contracts and supply or service contracts that result in a realty improvement should include this language.]
Payments:
Payments will be made after receipt of a proper invoice or receipt of acceptable supplies or services, whichever is later. The contractor is required to include the contract number on all invoices so that receipt and payment for the item or service may be expeditiously processed.
Federal Legal Holidays:
The following Federal legal holidays are observed by this installation:
New Year's Day 1 January Martin Luther King's Birthday Third Monday in January President's Day Third Monday in February Memorial Day Last Monday in May Independence Day 4 July Labor Day First Monday in September Columbus Day Second Monday in October Veterans Day 11 November Thanksgiving Day Fourth Thursday in November Christmas Day 25 December
If a wage determination applies, the number of holidays specified on it has priority over this clause.
Insurance Required (Local Provision):
In accordance with FAR 28.307-2, “Liability,” the contractor shall procure the following minimum insurance:
Type Amount Workman’s Compensation and Employer’s Liability Insurance $100,000 General Liability Insurance $1,000,000 per occurrence
And, when automobiles are used in connection with performing the contract:
Type Amount Automobile Liability Insurance $200,000 per person Bodily Injury $500,000 per occurrence Property Damage $ 20,000 per occurrence
And, when aircraft is used in connection with performing the contract:
Type Amount Aircraft Public and Passenger Liability Insurance $200,000 per person Bodily Injury (other than passenger injury) $500,000 per occurrence Property Damage $200,000 per occurrence Passenger Liability Bodily Injury $200,000 multiplied by the number of seats or passengers, whichever is greater
And, when contract performance involves use of vessels, the Contracting Officer shall require, as determined by the agency, vessel collision liability and protection and indemnity insurance.
The contractor is responsible for contacting the state for compliance with its workman’s compensation laws.
Section I - Contract Clauses
AT/OPSEC PROVISIONS
Antiterrorism (AT)/Operations Security (OPSEC) Provisions
1. AT Level I Training - Not Applicable
2. Not Used
3. Access and General Protection/Security Policy and Procedures
All Contractor and all associated sub‐contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The Contractor shall also provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in Contractor security matters or processes.
4. iWATCH and/or CorpsWatch Training - Not Applicable
5. Contractor Employees Who Require Access to Government Information Systems - Not Applicable
6. OPSEC Standing Operating Procedure/Plan - Not Applicable
7. OPSEC Training - Not Applicable
8. Information Assurance (IA)/Information Technology (IT) Training - Not Applicable
9. Information Assurance (IA)/Information Technology (IT) Certification - Not Applicable
10. Not Used
11. Not Used
12. Handling or Access to Classified Information - Not Applicable
13. Will be Escorted in Areas Where They May be Exposed to Classified and/or Sensitive Materials and/or Sensitive or Restricted Areas - Not Applicable
14. Contractor Company to Obtain a Facility Clearance and Individual Clearances at the Appropriate Level Not Applicable
15. Pre‐screen Candidates using E‐Verify Program –
The Contractor must pre-screen Candidates using the E-verify Program (http://www.dhs.gov/E-Verify) website to meet the established employment eligibility requirements. The Vendor must ensure that the Candidate has two valid forms of Government issued identification prior to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible Candidates must be provided to the COR no later than 3 business days after the initial contract award.
16. Required Armed Security Guards - Not Applicable
CLAUSES INCORPORATED BY REFERENCE
52.202-1 Definitions NOV 2013 52.203-2 Certificate Of Independent Price Determination APR 1985 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-7 Anti-Kickback Procedures MAY 2014 52.204-3 Taxpayer Identification OCT 1998 52.204-16 Commercial and Government Entity Code Reporting NOV 2014 52.215-8 Order of Precedence--Uniform Contract Format OCT 1997 52.219-6 Notice Of Total Small Business Set-Aside NOV 2011 52.219-14 Limitations On Subcontracting NOV 2011 52.222-5 Construction Wage Rate Requirements--Secondary Site of the
Work
MAY 2014
52.222-6 Construction Wage Rate Requirements MAY 2014 52.222-7 Withholding of Funds MAY 2014 52.222-8 Payrolls and Basic Records MAY 2014 52.222-9 Apprentices and Trainees JUL 2005 52.222-10 Compliance with Copeland Act Requirements FEB 1988 52.222-11 Subcontracts (Labor Standards) MAY 2014 52.222-12 Contract Termination-Debarment MAY 2014 52.222-13 Compliance With Construction Wage Rate Requirements and
Related Regulations
MAY 2014
52.222-14 Disputes Concerning Labor Standards FEB 1988 52.222-15 Certification of Eligibility MAY 2014 52.222-22 Previous Contracts And Compliance Reports FEB 1999 52.222-27 Affirmative Action Compliance Requirements for
Construction
APR 2015
52.223-6 Drug-Free Workplace MAY 2001 52.223-12 Refrigeration Equipment and Air Conditioners MAY 1995 52.223-18 Encouraging Contractor Policies To Ban Text Messaging
While Driving
AUG 2011
52.225-10 Notice of Buy American Requirement--Construction Materials
MAY 2014
52.227-4 Patent Indemnity-Construction Contracts DEC 2007 52.228-2 Additional Bond Security OCT 1997 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.228-11 Pledges Of Assets JAN 2012 52.228-12 Prospective Subcontractor Requests for Bonds MAY 2014 52.232-5 Payments under Fixed-Price Construction Contracts MAY 2014 52.232-23 Assignment Of Claims MAY 2014 52.232-27 Prompt Payment for Construction Contracts MAY 2014 52.232-33 Payment by Electronic Funds Transfer--System for Award
Management
JUL 2013
52.236-2 Differing Site Conditions APR 1984 52.236-3 Site Investigation and Conditions Affecting the Work APR 1984 52.236-5 Material and Workmanship APR 1984 52.236-6 Superintendence by the Contractor APR 1984 52.236-7 Permits and Responsibilities NOV 1991
52.236-8 Other Contracts APR 1984 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements
APR 1984
52.236-10 Operations and Storage Areas APR 1984 52.236-11 Use and Possession Prior to Completion APR 1984 52.236-12 Cleaning Up APR 1984 52.236-13 Accident Prevention NOV 1991 52.236-14 Availability and Use of Utility Services APR 1984 52.236-17 Layout of Work APR 1984 52.236-21 Specifications and Drawings for Construction FEB 1997 52.236-26 Preconstruction Conference FEB 1995 52.236-28 Preparation of Proposals--Construction OCT 1997 52.236-28 Preparation of Proposals--Construction OCT 1997 52.242-14 Suspension of Work APR 1984 52.243-1 Changes--Fixed Price AUG 1987 52.243-5 Changes and Changed Conditions APR 1984 52.246-12 Inspection of Construction AUG 1996 52.249-1 Termination For Convenience Of The Government (Fixed
Price) (Short Form)
APR 1984
52.249-2 Termination For Convenience Of The Government (Fixed- Price)
APR 2012
52.249-10 Default (Fixed-Price Construction) APR 1984 252.201-7000 Contracting Officer's Representative DEC 1991 252.204-7004 Alt A System for Award Management Alternate A FEB 2014 252.225-7001 Buy American And Balance Of Payments Program-- Basic
(Nov 2014)
NOV 2014
252.225-7012 Preference For Certain Domestic Commodities FEB 2013 252.225-7036 Buy American--Free Trade Agreement--Balance of Payments
Program--Basic (Nov 2014)
NOV 2014
252.232-7003 Electronic Submission of Payment Requests and Receiving Reports
JUN 2012
252.232-7010 Levies on Contract Payments DEC 2006 252.236-7000 Modification Proposals-Price Breakdown DEC 1991 252.243-7001 Pricing Of Contract Modifications DEC 1991
CLAUSES INCORPORATED BY FULL TEXT
52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)
(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 238990.
(2) The small business size standard is $15M.
(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.
(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.
(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:
( ) Paragraph (d) applies.
( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.
(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:
(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—
(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;
(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or
(C) The solicitation is for utility services for which rates are set by law or regulation.
(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.
(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.
(iv) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—
(A) Are not set aside for small business concerns;
(B) Exceed the simplified acquisition threshold; and
(C) Are for contracts that will be performed in the United States or its outlying areas.
(v) 52.209-2; Prohibition on Contracting with Inverted Domestic Corporations--Representation.
(vi) 52.209-5; Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.
(vii) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.
(viii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.
(ix) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.
(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.
(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.
(x) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.
(xi) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.
(xii) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.
(xiii) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.
(xiv) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.
(xv) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.
(xvi) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.
(xvii) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3.
(A) If the acquisition value is less than $25,000, the basic provision applies.
(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.
(C) If the acquisition value is $50,000 or more but is less than $79,507, the provision with its Alternate II applies.
(D) If the acquisition value is $79,507 or more but is less than $100,000, the provision with its Alternate III applies.
(xviii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.
(xix) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.
(xx) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.
(xxi) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.
(2) The following certifications are applicable as indicated by the Contracting Officer:
[Contracting Officer check as appropriate.]
(i) 52.204-17, Ownership or Control of Offeror.
(ii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.
(iii) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.
(iv) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.
(v) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA- Designated Products (Alternate I only).
(vi) 52.227-6, Royalty Information.
(A) Basic.
(B) Alternate I.
(vii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.
(d) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
FAR Clause Title Date Change
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.
(End of provision)
52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)
The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than .15 Sept 2015* The time stated for completion shall include final cleanup of the premises.
*The Contracting Officer shall specify either a number of days after the date the contractor receives the notice to proceed, or a calendar date.
(End of clause)
52.213-4 TERMS AND CONDITIONS--SIMPLIFIED ACQUISITIONS (OTHER THAN COMMERCIAL
ITEMS) (APR 2015)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses that are incorporated by reference:
(1) The clauses listed below implement provisions of law or Executive order:
(i) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
(ii) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(iii) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).
(iv) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2006) (E.o.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
(v) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).
(vi) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).
(vii) 52.222-6, Subcontracts for Commercial Items (Apr 2015).
(2) Listed below are additional clauses that apply:
(i) 52.232-1, Payments (Apr 1984).
(ii) 52.232-8, Discounts for Prompt Payment (Feb 2002).
(iii) 52.232-11, Extras (Apr 1984).
(iv) 52.232-25, Prompt Payment (July 2013).
(v) 52.232-39, Unenforceability of Unauthorized Obligations (Jun 2013).
(vi) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Dec 2013).
(vii) 52.233-1, Disputes (MAY 2014).
(viii) 52.244-6, Subcontracts for Commercial Items (March 2, 2015)
(ix) 52.253-1, Computer Generated Forms (Jan 1991).
(b) The Contractor shall comply with the following FAR clauses, incorporated by reference, unless the circumstances do not apply:
(1) The clauses listed below implement provisions of law or Executive order:
(i) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (July 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note) (Applies to contracts valued at $25,000 or more).
(ii) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JAN 2014) (E.O. 13126). (Applies to contracts for supplies exceeding the micro-purchase threshold.)
(iii) 52.222-20, Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000 (MAY 2014) (41 U.S.C. chapter 65) (Applies to supply contracts over $15,000 in the United States, Puerto Rico, or the U.S. Virgin Islands).
(iv) 52.222-35, Equal Opportunity for Veterans (JUL 2014) (38 U.S.C. 4212) (applies to contracts of $100,000 or more).
(v) 52.222-36, Equal Employment for Workers with Disabilities (July 2014) (29 U.S.C. 793). (Applies to contracts over $15,000, unless the work is to be performed outside the United States by employees recruited outside the United States.) (For purposes of this clause, ``United States'' includes the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.)
(vi) 52.222-37, Employment Reports on Veterans (JUL 2014) (38 U.S.C. 4212) (applies to contracts of $100,000 or more).
(vii) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67) (Applies to service contracts over $2,500 that are subject to the Service Contract Labor Standards statute and will be performed in the United States, District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, or the outer Continental Shelf.)
(viii) (A) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (22 U.S.C. chapter 78 and E.O. 13627) (Applies to all solicitations and contracts).
(B) Alternate I (applies if the Contracting Officer has filled in the following information with regard to applicable directives or notices: Document title(s), source for obtaining document(s), and contract performance location outside the United States to which the document applies.
(ix) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (E.O. 13658).
(x) 52.223-5, Pollution Prevention and Right-to-Know Information (May 2011) (E.O. 13423) (Applies to services performed on Federal facilities).
(xi) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b) (Unless exempt pursuant to 23.204, applies to contracts when energy-consuming products listed in the ENERGY STAR Program or Federal Energy Management Program (FEMP) will be--
(A) Delivered;
(B) Acquired by the Contractor for use in performing services at a Federally-controlled facility;
(C) Furnished by the Contractor for use by the Government; or
(D) Specified in the design of a building or work, or incorporated during its construction, renovation, or maintenance.)
(xii) 52.225-1, Buy American--Supplies (MAY 2014) (41 U.S.C. chapter 83) (Applies to contracts for supplies, and to contracts for services involving the furnishing of supplies, for use in the United States or its outlying areas, if the value of the supply contract or supply portion of a service contract exceeds the micro-purchase threshold and the acquisition—
(A) Is set aside for small business concerns; or
(B) Cannot be set aside for small business concerns (see 19.502-2), and does not exceed $25,000.)
(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792) (Applies to contracts greater than $25,000 that provide for the provision, the service, or the sale of food in the United States.)
(xiv)52.232-33, Payment by Electronic Funds Transfer--System for Award Management (Jul 2013). (Applies when the payment will be made by electronic funds transfer (EFT) and the payment office uses the System for Award Management (SAM) database as its source of EFT information.)
(xv) 52.232-34, Payment by Electronic Funds Transfer--Other than System for Award Management (Jul 2013).
(Applies when the payment will be made by EFT and the payment office does not use the SAM database as its source of EFT information.)
(xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2014) (Executive Order 13658) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia.)
(2) Listed below are additional clauses that may apply:
(i) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Aug 2013) (Applies to contracts over $30,000).
(ii) 52.211-17, Delivery of Excess Quantities (SEPT 1989) (Applies to fixed-price supplies).
(iii) 52.247-29, F.o.b. Origin (FEB 2006) (Applies to supplies if delivery is f.o.b. origin).
(iv) 52.247-34, F.o.b. Destination (NOV 1991) (Applies to supplies if delivery is f.o.b. destination).
(c) FAR 52.252-2, Clauses Incorporated by Reference (FEB 1998). This contract incorporates one or more clauses 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. Also, the full text of a clause may be accessed electronically at this/these address(es):
https://www.acquisition.gov/far/ http://farsite.hill.af.mil/
(Insert one or more Internet addresses)
(d) Inspection/Acceptance. The Contractor shall tender for acceptance only those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. The Government must exercise its postacceptance rights--
(1) Within a reasonable period of time after the defect was discovered or should have been discovered; and
(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.
(e) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence, such as acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.
(f) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges that the Contractor can demonstrate to the satisfaction of the Government, using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records.
The Contractor shall not be paid for any work performed or costs incurred that reasonably could have been avoided.
(g) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.
(h) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.
52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (OCT 2014)
(a) Definitions. As used in this provision--
Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business concern eligible under the WOSB Program.
Service-disabled veteran-owned small business concern--
(1) Means a small business concern--
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).
Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and the size standard in paragraph (b) of this provision.
Small disadvantaged business concern, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that--
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--
(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States, and
(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and
(2) The management and daily business operations of which are controlled (as defined at 13 CFR 124.106) by individuals who meet the criteria in paragraphs (1)(i) and (ii) of this definition.
Veteran-owned small business concern means a small business concern--
(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans.
Women-owned small business concern means a small business concern--
(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and
(2) Whose management and daily business operations are controlled by one or more women.
Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.
(b)(1) The North American Industry Classification System (NAICS) code for this acquisition is 238990.
(2) The small business size standard is $15M
(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.
(c) Representations. (1) The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a small business concern. (2) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ___ ] is, [ ___ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.
(3) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a women-owned small business concern.
(4) Women-owned small business (WOSB) concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(3) of this provision.] The offeror represents as part of its offer that--
(i) It [ ___ ] is, [ ___ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(4)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ___ --.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.
(5) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a women-owned small business concern eligible under the WOSB Program in (c)(4) of this provision.] The offeror represents as part of its offer that--
(i) It [ ___ ] is, [ ___ ] is not an EDWOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(5)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ___ --.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.
(6) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a veteran-owned small business concern.
(7) [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(6) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a service-disabled veteran-owned small business concern.
(8) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that--
(i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and
(ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(8)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: ___ --.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.
(d) Notice.
(1) If this solicitation is for supplies and has been set aside, in whole or in part, for small business concerns, then the clause in this solicitation providing notice of the set-aside contains restrictions on the source of the end items to be furnished.
(2) Under 15 U.S.C. 645(d), any person who misrepresents a firm's status as a business concern that is small, HUBZone small, small disadvantaged, service-disabled veteran-owned small, economically disadvantaged women-owned small, or women-owned small eligible under the WOSB Program in order to obtain a contract to be awarded under the preference programs established pursuant to section 8, 9, 15, 31, and 36 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, shall—
(i) Be punished by imposition of fine, imprisonment, or both;
(ii) Be subject to administrative remedies, including suspension and debarment; and
(iii) Be ineligible for participation in programs conducted under the authority of the Act.
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…
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