RTA_SPECS_W9128F-19-R-0002_TEMF.pdf

REQUEST FOR PROPOSAL

(FOR CONSTRUCTION CONTRACT)

SOLICITATION NO. W9128F-19-R-0002

TACTICAL EQUIPMENT

MAINTENANCE FACILITY (TEMF)

FY19, PROJECT NO. 77301

FORT CARSON, COLORADO

APRIL 2019

US ARMY CORPS OF ENGINEERS

OMAHA DISTRICT

This page was intentionally left blank for duplex printing.

00 01 10 - 1 PROJECT TABLE OF CONTENTS

SPECIFICATIONS FOR CONSTRUCTION

OF

TACTICAL EQUIPMENT MAINTENANCE FACILITY (TEMF)

FY19, PROJECT NO. 77301

FORT CARSON, COLORADO

PROJECT TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

00 10 00-SF1442 SOLICITATION/CONTRACT FORM (SF 1442)

00 10 00-3 CONTRACT LINE ITEM PRICING SCHEDULE

00 21 00 INSTRUCTIONS TO OFFERORS (RFP)

00 22 00 PROPOSAL SUBMISSION REQUIREMENTS, EVALUATION CRITERIA AND BASIS

OF AWARD

00 45 00 REPRESENTATIONS AND CERTIFICATIONS

00 72 00 GENERAL CONDITIONS (CONTRACT CLAUSES – RFP)

00 73 00 SUPPLEMENTARY CONDITIONS (SPECIAL CONTRACT REQUIREMENTS)

DIVISION 01 - GENERAL REQUIREMENTS

01 30 00.24 OTHER ADMINISTRATIVE AND SPECIAL REQUIREMENTS

FCREG FORT CARSON SPECIFIC REGULATIONS AND GUIDANCE

PROJSIGN PROJECT SIGN DETAILS

CO190002 COLORADO GENERAL WAGE DECISION – HEAVY

CO190008 COLORADO GENERAL WAGE DECISION – HIGHWAY

CO190022 COLORADO GENERAL WAGE DECISION – BUILDING

01 32 01.00 10 PROJECT SCHEDULE

01 33 00 SUBMITTAL PROCEDURES

REGISTER SUBMITTAL REGISTER

E4025 ENGINEERING FORM 4025 TRANSMITTAL FORM

01 33 29 SUSTAINABILITY REPORTING

01 33 29AT1 HIGH PERFORMANCE AND SUSTAINABLE BUILDINGS (HPSB) CHECKLIST –

NORTH TEMF

01 33 29AT2 HIGH PERFORMANCE AND SUSTAINABLE BUILDINGS (HPSB) CHECKLIST –

SOUTH TEMF

01 33 29AT3 ENERGY SUMMARY REQUIREMENTS

01 33 39.00 10 ADVANCED MODELING (BIM/CIM/GIS/CAD) REQUIREMENTS

01 35 26 GOVERNMENTAL SAFETY REQUIREMENTS

01 41 26.05 24 (FEDERAL FACILITIES COLORADO) NPDES PERMIT REQUIREMENTS FOR STORM

WATER DISCHARGES FROM CONSTRUCTION SITES

01 42 00 SOURCES FOR REFERENCE PUBLICATIONS

01 45 00.00 10 QUALITY CONTROL

01 45 00.00 10AT SAMPLE QUALITY CONTROL REPORT

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

01 45 35 SPECIAL INSPECTIONS

01 57 20.00 10 ENVIRONMENTAL PROTECTION

01 57 20.00 10AT ATTACHMENTS TO SECTION 01 57 20.00 10

01 57 23 TEMPORARY STORM WATER POLLUTION CONTROL

01 74 19 CONSTRUCTION AND DEMOLITION WASTE MANAGEMENT

01 78 23 OPERATION AND MAINTENANCE DATA

01 78 24.00 10 FACILITY DATA REQUIREMENTS

01 78 36.00 24 WARRANTY OF CONSTRUCTION

01 78 39.00 24 AS-BUILT DRAWINGS

00 01 10 - 2 PROJECT TABLE OF CONTENTS

DIVISION 01 - GENERAL REQUIREMENTS (CONTINUED)

01 78 39.00 24AT MODIFICATIONS AND TITLE BLOCK EXAMPLES

01 91 00.15 TOTAL BUILDING COMMISSIONING

01 91 00.15A 01 91 00.15 APPENDIX A – OWNER’S PROJECT REQUIREMENTS

01 91 00.15B 01 91 00.15 APPENDIX B – BASIS OF DESIGN

01 91 00.15C 01 91 00.15 APPENDIX C – Cx DESIGN PHASE PLAN

DIVISION 03 - CONCRETE

03 11 13.00 10 CAST-IN-PLACE STRUCTURAL CONCRETE FORMING

03 15 00.00 10 CONCRETE ACCESSORIES

03 20 00.00 10 CONCRETE REINFORCING

03 30 00.00 10 CAST-IN-PLACE CONCRETE

03 42 13.00 10 PLANT-PRECAST CONCRETE PRODUCTS FOR BELOW GRADE CONSTRUCTION

03 45 33 PRECAST STRUCTURAL CONCRETE

DIVISION 04 - MASONRY

04 20 00 UNIT MASONRY

DIVISION 05 - METALS

05 05 23.16 STRUCTURAL WELDING

05 12 00 STRUCTURAL STEEL

05 21 00 STEEL JOIST FRAMING

05 30 00 STEEL DECKS

05 40 00 COLD-FORMED METAL FRAMING

05 50 13 MISCELLANEOUS METAL FABRICATIONS

05 51 00 METAL STAIRS

05 51 33 METAL LADDERS

05 52 00 METAL RAILINGS

DIVISION 06 - WOOD, PLASTICS, AND COMPOSITES

06 10 00 ROUGH CARPENTRY

06 41 16.00 10 PLASTIC-LAMINATE-CLAD ARCHITECTURAL CABINETS

06 61 16 SOLID SURFACING FABRICATIONS

DIVISION 07 - THERMAL AND MOISTURE PROTECTION

07 05 23 PRESSURE TESTING AN AIR BARRIER SYSTEM FOR AIR TIGHTNESS

07 13 53 ELASTOMERIC SHEET WATERPROOFING

07 21 16 MINERAL FIBER BLANKET INSULATION

07 22 00 ROOF AND DECK INSULATION

07 27 10.00 10 BUILDING AIR BARRIER SYSTEM

07 27 26 SPRAY FOAM INSULATION

07 27 19.01 SELF-ADHERING AIR BARRIERS

07 42 13 METAL WALL PANELS

07 54 19 POLYVINYL-CHLORIDE ROOFING

07 60 00 FLASHING AND SHEET METAL

07 61 14.00 20 STEEL STANDING SEAM ROOFING

07 84 00 FIRESTOPPING

07 92 00 JOINT SEALANTS

DIVISION 08 - OPENINGS

08 11 13 STEEL DOORS AND FRAMES

08 31 00 ACCESS DOORS AND PANELS

08 33 13 COILING COUNTER DOORS

00 01 10 - 3 PROJECT TABLE OF CONTENTS

DIVISION 08 – OPENINGS (CONTINUED)

08 33 23 OVERHEAD COILING DOORS

08 34 59 VAULT DOORS AND DAY GATES

08 36 25 VERTICALLY BI-FOLD OVERHEAD DOOR

08 51 13 ALUMINUM WINDOWS

08 60 45 SKYLIGHTS AND INSULATED TRANSLUCENT PANELS

08 71 00 DOOR HARDWARE

08 81 00 GLAZING

08 91 00 METAL WALL LOUVERS

DIVISION 09 - FINISHES

09 06 00 SCHEDULES FOR FINISHES

09 22 00 SUPPORTS FOR PLASTER AND GYPSUM BOARD

09 29 00 GYPSUM BOARD

09 30 10 CERAMIC, QUARRY, AND GLASS TILING

09 51 00 ACOUSTICAL CEILINGS

09 65 00 RESILIENT FLOORING

09 68 00 CARPETING

09 72 00 WALLCOVERINGS

09 90 00 PAINTS AND COATINGS

DIVISION 10 - SPECIALTIES

10 11 00 VISUAL DISPLAY UNITS

10 14 00.20 INTERIOR SIGNAGE

10 14 00.20AT INTERIOR SIGNAGE SCHEDULE

10 14 53 TRAFFIC SIGNAGE

10 21 13 TOILET COMPARTMENTS

10 22 13 WIRE MESH PARTITIONS

10 22 26.13 ACCORDION FOLDING PARTITIONS

10 26 00 WALL AND DOOR PROTECTION

10 28 13 TOILET ACCESSORIES

10 44 16 FIRE EXTINGUISHERS

10 51 13 METAL LOCKERS

DIVISION 12 - FURNISHINGS

12 21 00 WINDOW BLINDS

12 48 13 ENTRANCE FLOOR MATS AND FRAMES

12 50 00.13 10 FURNITURE AND FURNITURE INSTALLATION

DIVISION 13 - SPECIAL CONSTRUCTION

13 21 10 ABOVEGROUND FUEL/OIL STORAGE TANKS

13 34 19 METAL BUILDING SYSTEMS

DIVISION 14 - CONVEYING EQUIPMENT

14 24 23 HYDRAULIC PASSENGER ELEVATORS

DIVISION 21 - FIRE SUPPRESSION

21 13 13.00 10 WET PIPE SPRINKLER SYSTEM, FIRE PROTECTION

21 13 17.00 10 DRY PIPE SPRINKLER SYSTEM, FIRE PROTECTION

DIVISION 22 - PLUMBING

22 00 00 PLUMBING, GENERAL PURPOSE

00 01 10 - 4 PROJECT TABLE OF CONTENTS

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

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

23 05 93 TESTING, ADJUSTING, AND BALANCING FOR HVAC

23 07 00 THERMAL INSULATION FOR MECHANICAL SYSTEMS

23 09 00 INSTRUMENTATION AND CONTROL FOR HVAC

23 09 13 INSTRUMENTATION AND CONTROL DEVICES FOR HVAC

23 09 23.01 LONWORKS DIRECT DIGITAL CONTROL FOR HVAC AND OTHER BUILDING

CONTROL SYSTEMS

23 09 93 SEQUENCES OF OPERATION FOR HVAC CONTROL

23 11 25 FACILITY GAS PIPING

23 35 00.00 10 OVERHEAD VEHICLE EXHAUST REMOVAL SYSTEM(S)

23 52 00 RADIANT SLAB HEATING SYSTEM

23 52 00.10 HEATING BOILERS

23 64 26 COOLING AND HEATING WATER PIPING SYSTEMS

23 81 00.00 20 UNITARY AIR CONDITIONING EQUIPMENT

DIVISION 25 - INTEGRATED AUTOMATION

25 05 11.01 FT CARSON TEMF FIRE ALARM (BUILDING LEVEL CONTROLS ONLY)

25 05 11.02 FT CARSON TEMF - HVAC (BUILDING LEVEL CONTROLS ONLY)

25 10 10 UTILITY MONITORING AND CONTROL SYSTEM (UMCS) FRONT END AND

INTEGRATION

DIVISION 26 - ELECTRICAL

26 00 00.00 20 BASIC ELECTRICAL MATERIALS AND METHODS

26 08 00 APPARATUS INSPECTION AND TESTING

26 12 19.10 THREE-PHASE PAD-MOUNTED TRANSFORMERS

26 13 02 PAD-MOUNTED LIVE-FRONT AIR INSULATED SWITCHGEAR

26 20 00 INTERIOR DISTRIBUTION SYSTEM

26 24 13 SWITCHBOARDS

26 28 01.00 10 COORDINATED POWER SYSTEM PROTECTION WITH ARC FLASH HAZARD STUDY

26 29 23 VARIABLE FREQUENCY DRIVE SYSTEMS UNDER 600 VOLTS

26 41 00 LIGHTNING PROTECTION SYSTEM

26 42 14.10 10 FORT CARSON CATHODIC PROTECTION SYSTEM (SACRIFICIAL ANODE)

26 51 00 INTERIOR LIGHTING

26 56 00 EXTERIOR LIGHTING

DIVISION 27 - COMMUNICATIONS

27 05 14.00 10 CABLE TELEVISION PREMISES DISTRIBUTION SYSTEM

27 10 00 BUILDING TELECOMMUNICATIONS CABLING SYSTEM

DIVISION 28 - ELECTRONIC SAFETY AND SECURITY

28 31 49 CARBON MONOXIDE DETECTORS

28 31 76 INTERIOR FIRE ALARM AND MASS NOTIFICATION SYSTEM

DIVISION 31 - EARTHWORK

31 00 00 EARTHWORK

31 05 19 GEOTEXTILE

DIVISION 32 - EXTERIOR IMPROVEMENTS

32 01 19 FIELD MOLDED SEALANTS FOR SEALING JOINTS IN RIGID PAVEMENTS

32 05 33 LANDSCAPE ESTABLISHMENT

32 11 20 BASE COURSE FOR RIGID AND SUBBASES FOR FLEXIBLE PAVING

32 11 23 AGGREGATE BASE COURSES

00 01 10 - 5 PROJECT TABLE OF CONTENTS

DIVISION 32 - EXTERIOR IMPROVEMENTS (CONTINUED)

32 12 13 BITUMINOUS TACK AND PRIME COATS

32 12 16 HOT-MIX ASPHALT (HMA) FOR ROADS

32 13 13.03 CONCRETE PAVEMENT FOR ROADWAYS AND SITE FACILITIES

32 15 00 AGGREGATE SURFACING

32 16 19 CONCRETE CURBS, GUTTERS AND SIDEWALKS

32 17 23 PAVEMENT MARKINGS

32 31 00.00 10 CHAIN LINK FENCE

32 32 23 SEGMENTAL CONCRETE BLOCK RETAINING WALL

32 92 19 SEEDING

DIVISION 33 - UTILITIES

33 05 23 TRENCHLESS UTILITY INSTALLATION

33 05 23.13 UTILITY HORIZONTAL DIRECTIONAL DRILLING

33 11 00 WATER UTILITY DISTRIBUTION PIPING

33 30 00 SANITARY SEWERAGE

33 40 00 STORM DRAINAGE UTILITIES

33 71 02 UNDERGROUND ELECTRICAL DISTRIBUTION

33 82 00 TELECOMMUNICATIONS OUTSIDE PLANT (OSP)

-- End of Project Table of Contents --

00 10 00 - 1

SOLICITATION, OFFER

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

W9128F-19-R-0002

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

3 APR 2019

PAGES OF PAGES

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

4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.

6. PROJECT NO.

7. ISSUED BY CODE CT 8. ADDRESS OFFER TO

U.S.ARMY CORPS OF ENGINEERS, OMAHA

Rocky Mountain Area Office Attn: CONTRACTING DIVISION (CENWO-CT-M) 5475 Tech Center Drive, Suite 205 Colorado Springs, CO 80919

See Item 7

9. FOR INFORMATION

CALL:

A. NAME

Bill Rawe

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

(402) 996-3722

SOLICITATION

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date):

The offeror hereby agrees to do all work described in the documents entitled:

TACTICAL EQUIPMENT MAINTENANCE FACILITY, PN 77301 (FY19)

FORT CARSON, COLORADO

RETURN WITH OFFER: INFORMATION REQUIRED BY SECTION 00 10 00 (SF1442), SECTION 00 22 00, AND SECTION 00 45 00. ELECTRONIC COPIES OF

OFFER ARE ACCEPTABLE.

THIS SOLICITATION IS UNRESTRICTED AND IS OPEN TO BOTH LARGE AND SMALL BUSINESS PARTICIPATION.

11. The Contractor shall begin performance within 10 calendar days and complete it within 520 calendar days after receiving award, notice to proceed. This performance period is mandatory, negotiable.

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

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

YES NO

12B. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and 0 copies to perform the work required are due at the place specified in Item 8 by 1400 (hour) local time 6 MAY 2019. If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee is is not required.

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

D. Offers providing less than ___60_____ calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

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

Prescribed by GSA FAR(48 CFR) 53.236-1(d)

00 10 00 - 2

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)

DUNS Number:

16. REMITTANCE ADDRESS (Include only if different than Item 14)

CODE FACILITY CODE

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within 60 calendar days after the date offers are due.

AMOUNTS

SEE ATTACHED CLIN PRICING SCHEDULE

Contractor’s Fax No. CAGE CODE Contractor’s E-Mail address

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)

20B. SIGNATURE 20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) ( ) 41 U.S.C. 253(c) ( )

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

U.S. Army Engineer District, Omaha 1616 Capitol Ave.

Omaha, Nebraska 68102-4901

USAED Omaha c/o USACE Finance Center 5722 Integrity Drive Millington, TN 38054-5005

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (contractor is required to sign this document and return _______ copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work, requisitions identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award,

(b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation, is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED

TO SIGN (Type or print)

31A. NAME OF CONTRACTING OFFICER (Type or print)

30B. SIGNATURE 30C. DATE 31B. UNITED STATES OF AMERICA

BY

31C. AWARD DATE

STANDARD FORM 1442 BACK (REV. 4-85)

CLIN SCHEDULE 00 10 00 - 3 W9128F-19-R-0002

CONTRACT LINE ITEM (CLIN) PRICING SCHEDULE

ITEM

NO.

DESCRIPTION QTY UNIT UNIT

PRICE

AMOUNT

BASIC ITEMS

0001 Construction of Tactical Equipment Maintenance Facility (TEMF) and supporting facilities, PN 77301;

excluding all Basic and Option Items listed below.

Job

XXX

0002 Construction of SITEWORK AND UTILITIES, complete from the five-foot line of the TEMF and supporting facilities, excluding all Basic and Option Items listed below.

0003 Entire work complete to remove boulders up to 3-feet in diameter and install satisfactory backfill. Basic item to include 50 Cubic Yards (CYs) of boulder removal

0004 Entire work complete to Construct Geo-grid beneath pavements in areas to be determined based upon the construction detail. Basic item to include 2,000 Square Yards (SYs) of Geo-grid work complete.

TOTAL BASIC AMOUNT $_____________________________

OPTION ITEMS

[Option]

Entire work complete to Construct Parts Distribution Warehouse

Organization Storage Building 1

Organization Storage Building 2

Organization Storage Building 3

Organization Storage Building 4

Organization Storage Building 5

CLIN SCHEDULE 00 10 00 - 4 W9128F-19-R-0002

Organization Storage Building 6

Organization Storage Building 7

Organization Storage Building 8

Organization Storage Building 9

Organization Storage Building 10

Organization Storage Building 11

Organization Storage Building 12

Entire work complete to pave Airfield Road

Entire work complete to construct Butts Road Improvements

TOTAL AMOUNT ( BASIC PLUS OPTIONS) $___________________________

OFFEROR'S NAME:____________________________

NOTES:

1. See 00 21 00, INSTRUCTIONS, CONDITIONS, & NOTICES TO OFFERORS for evaluation of options.

The Government reserves the right to exercise the options within 90 calendar days after issuance of Notice to Proceed.

2. Prices must be entered for all items of the schedule. Total amounts submitted without prices being entered on individual items will be rejected. In case of variation between the lump-sum prices and the total amount, the lump-sum prices will be considered the price submitted.

3. A modification to a proposal which provides for a single adjustment to the total amounts, should state the application of the adjustment to each respective lump-sum price and unit price affected. If the modification is not so apportioned, the single adjustment will be applied to Item No. 0001.

4. Quantities for unit priced items (CLIN 0003 and 0004) are estimated only and the respective unit price will prevail in the event of an overrun or underrun subject to Section 00 72 00 GENERAL CONDITIONS (CONTRACT CLAUSES -RFP) Clause “Variation in Estimated Quantities”.

Tactical Equipment Maintenance Facility (FY19) - Fort Carson, CO FCCI

SECTION TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

SECTION 00 21 00

INSTRUCTIONS TO OFFERORS (RFP)

01/18

PART 1 GENERAL

1.1 (FAR 52.204-7) SYSTEM FOR AWARD MANAGEMENT (OCT 2016)

1.2 (FAR 52.204-16) COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING

(JUL 2016)

1.3 (FAR 52.211-2) AVAILABILITY OF SPECIFICATIONS, STANDARDS, AND DATA

ITEM DESCRIPTIONS LISTED IN THE ACQUISITION STREAMLINING AND

STANDARDIZATION INFORMATION SYSTEM (ASSIST) (APR 2014)

1.4 (FAR 52.215-1) INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION

(JAN 2017)

1.5 FAR 52.215-20 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND

DATA OTHER THAN CERTIFIED COST OR PRICING DATA (OCT 2010) -

ALTERNATE IV

1.6 (FAR 52.216-1) TYPE OF CONTRACT (APR 1984)

1.7 (FAR 52.217-5) EVALUATION OF OPTIONS (JUL 1990)

1.8 FAR 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS-SECONDARY SITE

OF THE WORK (MAY 2014)

1.9 *FAR 52.225-12 NOTICE OF BUY AMERICAN REQUIREMENT-CONSTRUCTION

MATERIALS UNDER TRADE AGREEMENTS (MAY 2014)

1.10 (FAR 52.232-18) AVAILABILITY OF FUNDS (APR 1984)

1.11 (FAR 52.236-27) SITE VISIT (CONSTRUCTION) (FEB 1995).

1.12 (FAR 52.252-1) SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

(FEB 1998)

1.13 (DFARS 252.215-7008) ONLY ONE OFFER (OCT 2013)

1.14 DFARS 252.219-7000 ADVANCING SMALL BUSINESS GROWTH (SEP 2016)

1.15 SOLICITATION RESTRICTIONS

1.15.1 GENERAL CONTRACTOR

1.15.2 CONSTRUCTION COST

1.15.3 SUBMISSION, MODIFICATION, REVISION, AND WITHDRAWAL OF PROPOSALS

1.15.4 SUBMISSION DEADLINE

1.15.5 CADD AND ELECTRONIC DESIGN FILES (PROVIDED)

1.16 COPIES OF SOLICITATION DOCUMENT AND AMENDMENTS

1.17 OFFEROR'S QUESTIONS AND COMMENTS

1.17.1 BIDDER INQUIRY

1.17.2 PLAN HOLDER'S LIST

1.18 GENERAL DESCRIPTION OF WORK

1.19 PROPOSAL SUBMISSION REQUIREMENTS, EVALUATION AND CONTRACT AWARD

1.20 SOURCE SELECTION BOARD (SSB)

1.21 FEDERAL, STATE AND LOCAL TAXES

1.22 COLORADO SALES AND USE TAX

1.23 SUBCONTRACTING PLAN/SUBCONTRACTING GOALS REGARDING THE UTILIZATION

OF SMALL BUSINESS CONCERNS

PART 2 PRODUCTS (NOT USED)

DOCUMENT 00 21 00 Page 1

PART 3 EXECUTION (NOT USED)

-- End of Section Table of Contents --

DOCUMENT 00 21 00 Page 2

SECTION 00 21 00

INSTRUCTIONS TO OFFERORS (RFP)

01/18

PART 1 GENERAL

1.1 (FAR 52.204-7) SYSTEM FOR AWARD MANAGEMENT (OCT 2016)

(a) Definitions. As used in this provision-

“Electronic Funds Transfer (EFT) indicator” means a fourcharacter suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

"Registered in the System for Award Management database" means that-

(1) The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14) into the SAM database;

(2) The offeror has completed the Core, Assertions, and 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 offeror will be required to provide TIN validation to the Government as a 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.

DOCUMENT 00 21 00 Page 3

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

(i) Company legal business.

(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)

1.2 (FAR 52.204-16) COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL

2016)

(a) Definition. As used in this provision –

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

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity; or

(2) An identifier assigned by a member of the North Atlantic

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

(b) The Offeror shall enter its CAGE code in its offer with its name and address or otherwise include it prominently in its proposal. The CAGE code entered must be for that name and address. Enter “CAGE” before the number. The CAGE code is required prior to award.

(c) CAGE codes may be obtained via–

(1) Registration in the System for Award Management (SAM) at www.sam.gov. If the Offeror is located in the United States or its outlying

DOCUMENT 00 21 00 Page 4 areas and does not already have a CAGE code assigned, the DLA Commercial and Government Entity (CAGE) Branch will assign a CAGE code as a part of the SAM registration process. SAM registrants located outside the United States and its outlying areas shall obtain a NCAGE code prior to registration in SAM (see paragraph (c)(3) of this provision).

(2) The DLA Contractor and Government Entity (CAGE) Branch. If registration in SAM is not required for the subject procurement, and the offeror does not otherwise register in SAM, an offeror located in the United States or its outlying areas may request that a CAGE code be assigned by submitting a request at https://cage.dla.mil.

(3) The appropriate country codification bureau. Entities located outside the United States and its outlying areas may obtain an NCAGE code by contacting the Codification Bureau in the foreign entity’s country if that country is a member of NATO or a sponsored nation. NCAGE codes may be obtained from the NSPA at https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx if the foreign entity’s country is not a member of NATO or a sponsored nation.

Points of contact for codification bureaus, as well as additional information on obtaining NCAGE codes, are available at http://www.nato.int/structur/AC/135/main/links/contacts.htm.

(d) Additional guidance for establishing and maintaining CAGE codes is available at https://cage.dla.mil.

(e) When a CAGE Code is required for the immediate owner and/or the highest-level owner by 52.204-17 or 52.212-3(p), the Offeror shall obtain the respective CAGE Code from that entity to supply the CAGE Code to the Government.

(f) Do not delay submission of the offer pending receipt of a CAGE code.

(End of provision)

1.3 (FAR 52.211-2) AVAILABILITY OF SPECIFICATIONS, STANDARDS, AND DATA ITEM

DESCRIPTIONS LISTED IN THE ACQUISITION STREAMLINING AND STANDARDIZATION

INFORMATION SYSTEM (ASSIST) (APR 2014)

(a) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(1) ASSIST (https://assist.dla.mil/online/start/);

(2) Quick Search (http://quicksearch.dla.mil/);

(3) ASSISTdocs.com (http://assistdocs.com).

(b) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by-

(1) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

(2) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(3) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

(End of provision)

1.4 (FAR 52.215-1) INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION (JAN

2017)

(a) Definitions. As used in this provision-

DOCUMENT 00 21 00 Page 5

"Discussions" are negotiations that occur after establishment of the competitive range that may, at the Contracting Officer's discretion, result in the offeror being allowed to revise its proposal.

"In writing," "writing," or "written" means any worded or numbered expression that can be read, reproduced, and later communicated, and includes electronically transmitted and stored information.

"Proposal modification" is a change made to a proposal before the solicitation's closing date and time, or made in response to an amendment, or made to correct a mistake at any time before award.

"Proposal revision" is a change to a proposal made after the solicitation closing date, at the request of or as allowed by a Contracting Officer as the result of negotiations.

"Time," if stated as a number of days, is calculated using calendar days, unless otherwise specified, and will include Saturdays, Sundays, and legal holidays. However, if the last day falls on a Saturday, Sunday, or legal holiday, then the period shall include the next working day.

(b) Amendments to solicitations. If this solicitation is amended, all terms and conditions that are not amended remain unchanged. Offerors shall acknowledge receipt of any amendment to this solicitation by the date and time specified in the amendment(s).

(c) Submission, modification, revision, and withdrawal of proposals.

(1) Unless other methods (e.g., electronic commerce or facsimile) are permitted in the solicitation, proposals and modifications to proposals shall be submitted in paper media in sealed envelopes or packages (i) addressed to the office specified in the solicitation, and (ii) showing the time and date specified for receipt, the solicitation number, and the name and address of the offeror. Offerors using commercial carriers should ensure that the proposal is marked on the outermost wrapper with the information in paragraphs (c)(1)(i) and (c)(1)(ii) of this provision.

(2) The first page of the proposal must show-

(i) The solicitation number;

(ii) The name, address, and telephone and facsimile numbers of the offeror (and electronic address if available);

(iii) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and agreement to furnish any or all items upon which prices are offered at the price set opposite each item;

(iv) Names, titles, and telephone and facsimile numbers (and electronic addresses if available) of persons authorized to negotiate on the offeror's behalf with the Government in connection with this solicitation; and

(v) Name, title, and signature of person authorized to sign the proposal. Proposals signed by an agent shall be accompanied by evidence of that agent's authority, unless that evidence has been previously furnished to the issuing office.

(3) Submission, modification, revision, and withdrawal of proposals.

(i) Offerors are responsible for submitting proposals, and any modifications or revisions, so as to reach the Government office designated in the solicitation by the time specified in the solicitation.

If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that proposal or revision is due.

(ii)(A) Any proposal, modification, or revision received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and-

DOCUMENT 00 21 00 Page 6

(1) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of proposals; or

(2) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(3) It is the only proposal received.

(B) However, a late modification of an otherwise successful proposal that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(iii) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the proposal wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(iv) If an emergency or unanticipated event interrupts normal Government processes so that proposals cannot be received at the office designated for receipt of proposals by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation, the time specified for receipt of proposals will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(v) Proposals may be withdrawn by written notice received at any time before award. Oral proposals in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile proposals, proposals may be withdrawn via facsimile received at any time before award, subject to the conditions specified in the provision at 52.215-5, Facsimile Proposals. Proposals may be withdrawn in person by an offeror or an authorized representative, if the identity of the person requesting withdrawal is established and the person signs a receipt for the proposal before award.

(4) Unless otherwise specified in the solicitation, the offeror may propose to provide any item or combination of items.

(5) Offerors shall submit proposals in response to this solicitation in English, unless otherwise permitted by the solicitation, and in U.S. dollars, unless the provision at FAR 52.225-17, Evaluation of Foreign Currency Offers, is included in the solicitation.

(6) Offerors may submit modifications to their proposals at any time before the solicitation closing date and time, and may submit modifications in response to an amendment, or to correct a mistake at any time before award.

(7) Offerors may submit revised proposals only if requested or allowed by the Contracting Officer.

(8) Proposals may be withdrawn at any time before award.

Withdrawals are effective upon receipt of notice by the Contracting Officer.

(d) Offer expiration date. Proposals in response to this solicitation will be valid for the number of days specified on the solicitation cover sheet (unless a different period is proposed by the offeror).

(e) Restriction on disclosure and use of data. Offerors that include in their proposals data that they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, shall-

(1) Mark the title page with the following legend:

This proposal includes data that shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed-in whole or in part-for any purpose other than to evaluate this proposal. If, however, a

DOCUMENT 00 21 00 Page 7 contract is awarded to this offeror as a result of-or in connection with-the submission of this data, the Government shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Government's right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contained in sheets [insert numbers or other identification of sheets]; and

(2) Mark each sheet of data it wishes to restrict with the following legend:

Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.

(f) Contract award. (1) The Government intends to award a contract or contracts resulting from this solicitation to the responsible offeror(s) whose proposal(s) represents the best value after evaluation in accordance with the factors and subfactors in the solicitation.

(2) The Government may reject any or all proposals if such action is in the Government's interest.

(3) The Government may waive informalities and minor irregularities in proposals received.

(4) The Government intends to evaluate proposals and award a contract without discussions with offerors (except clarifications as described in FAR 15.306(a)). Therefore, the offeror's initial proposal should contain the offeror's best terms from a cost or price and technical standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.

(5) The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit cost or prices offered, unless the offeror specifies otherwise in the proposal.

(6) The Government reserves the right to make multiple awards if, after considering the additional administrative costs, it is in the Government's best interest to do so.

(7) Exchanges with offerors after receipt of a proposal do not constitute a rejection or counteroffer by the Government.

(8) The Government may determine that a proposal is unacceptable if the prices proposed are materially unbalanced between line items or subline items. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more line items is significantly overstated or understated as indicated by the application of cost or price analysis techniques. A proposal may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government.

(9) If a cost realism analysis is performed, cost realism may be considered by the source selection authority in evaluating performance or schedule risk.

(10) A written award or acceptance of proposal mailed or otherwise furnished to the successful offeror within the time specified in the proposal shall result in a binding contract without further action by either party.

(11) If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(i) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

DOCUMENT 00 21 00 Page 8

(ii) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(iii) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(iv) A summary of the rationale for award.

(v) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(vi) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of provision)

1.5 FAR 52.215-20 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA

OTHER THAN CERTIFIED COST OR PRICING DATA (OCT 2010) - ALTERNATE IV

(a) Submission of certified cost or pricing data is not required.

(b) Provide information described below: [As described by the Contracting Officer] (End of provision)

1.6 (FAR 52.216-1) TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a firm fixed price contract resulting from this solicitation.

(End of provision)

1.7 (FAR 52.217-5) EVALUATION OF OPTIONS (JUL 1990)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

(End of provision)

1.8 FAR 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.

(End of provision)

DOCUMENT 00 21 00 Page 9

1.9 *FAR 52.225-12 NOTICE OF BUY AMERICAN REQUIREMENT-CONSTRUCTION

MATERIALS UNDER TRADE AGREEMENTS (MAY 2014)

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

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

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

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

(d) Alternate offers.

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

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

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

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

(ii) May be accepted if revised during negotiations.

(End of provision)

1.10 (FAR 52.232-18) AVAILABILITY OF FUNDS (APR 1984)

Funds are not presently available for this contract. The Government's obligation under this contract is contingent upon the availability of

DOCUMENT 00 21 00 Page 10 appropriated funds from which payment for contract purposes can be made.

No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

(End of clause)

1.11 (FAR 52.236-27) SITE VISIT (CONSTRUCTION) (FEB 1995).

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) The Government intends to hold a site visit on 10 APR 2019, at 1300 hours (1:00 p.m.) Mountain. The meeting will be held at Fort Carson South Resident Office, Building 1359, 6082 Magrath Avenue, Fort Carson, CO 80913.. For Additional details, contact:

Jake Wiegmann 719-526-0518 Jacob.D.Weigmann@usace.army.mil

(End of provision)

1.12 (FAR 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://acquisition.gov/comp/far/index.html http://www.acq.osd.mil/dpap/ (End of provision)

1.13 (DFARS 252.215-7008) ONLY ONE OFFER (OCT 2013)

(a) After initial submission of offers, the Offeror agrees to submit any subsequently requested additional cost or pricing data if the Contracting Officer notifies the offeror that—

(1) Only one offer was received; and

(2) Additional cost or pricing data is required in order to determine whether the price is fair and reasonable or to comply with the statutory requirement for certified cost or pricing data (10 U.S.C. 2306a and FAR 15.403-3).

(b) Requirement for submission of additional cost or pricing data. Except as provided in paragraph (c) of this provision, the Offeror shall submit

DOCUMENT 00 21 00 Page 11 additional cost or pricing data as follows:

(1) If the Contracting Officer notifies the Offeror that additional cost or pricing data are required in accordance with paragraph (a) of this clause, the data shall be certified unless an exception applies (FAR 15.403-1(b)).

(2) Exceptions from certified cost or pricing data. In lieu of submitting certified cost or pricing data, the Offeror may submit a written request for exception by submitting the information described in the following paragraphs. The Contracting Officer may require additional supporting information, but only to the extent necessary to determine whether an exception should be granted, and whether the price is fair and reasonable.

(i) Identification of the law or regulation establishing the price offered.

If the price is controlled under law by periodic rulings, reviews, or similar actions of a governmental body, attach a copy of the controlling document, unless it was previously submitted to the contracting office.

(ii) Commercial item exception. For a commercial item exception, the Offeror shall submit, at a minimum, information on prices at which the same item or/ similar items have previously been sold in the commercial market that is adequate for evaluating the reasonableness of the price for this acquisition. Such information may include—

( A) For catalog items, a copy of or identification of the catalog and its date, or the appropriate pages for the offered items, or a statement that the catalog is on file in the buying office to which the proposal is being submitted. Provide a copy or describe current discount policies and price lists (published or unpublished), e.g., wholesale, original equipment manufacturer, or reseller. Also explain the basis of each offered price and its relationship to the established catalog price, including how the proposed price relates to the price of recent sales in quantities similar to the proposed quantities;

(B) For market-priced items, the source and date or period of the market quotation or other basis for market price, the base amount, and applicable discounts. In addition, describe the nature of the market; or

(C) For items included on an active Federal Supply Service Multiple Award Schedule contract, proof that an exception has been granted for the schedule item.

(3) The Offeror grants the Contracting Officer or an authorized representative the right to examine, at any time before award, books, records, documents, or other directly pertinent records to verify any request for an exception under this provision, and the reasonableness of price. For items priced using catalog or market prices, or law or regulation, access does not extend to cost or profit information or other data relevant solely to the Offeror’s determination of the prices to be offered in the catalog or marketplace.

(4) Requirements for certified cost or pricing data. If the Offeror is not granted an exception from the requirement to submit certified cost or pricing data, the following applies:

(i) The Offeror shall prepare and submit certified cost or pricing data and supporting attachments in accordance with the instructions contained in Table 15-2 of FAR 15.408, which is incorporated by reference with the same force and effect as though it were inserted here in full text. The

DOCUMENT 00 21 00 Page 12 instructions in Table 15-2 are incorporated as a mandatory format to be used, unless the Contracting Officer and the Offeror agree to a different format.

(ii) As soon as practicable after agreement on price, but before contract award (except for unpriced actions such as letter contracts), the offeror shall submit a Certificate of Current Cost or Pricing Data, as prescribed by FAR 15.406-2.

(c) If the Offeror is the Canadian Commercial Corporation, certified cost or pricing data are not required. If the Contracting Officer notifies the Canadian Commercial Corporation that additional data other than certified cost or pricing data are required in accordance with 225.870-4(c), the Canadian Commercial Corporation shall obtain and provide the following:

(1) Profit rate or fee (as applicable).

(2) Analysis provided by Public Works and Government Services Canada to the Canadian Commercial Corporation to determine a fair and reasonable price (comparable to the analysis required at FAR 15.404-1).

(3) Data other than certified cost or pricing data necessary to permit a determination by the U.S. Contracting Officer that the proposed price is fair and reasonable [U.S.