SOLICITATION-W912C321B0001-ACReplacementBldg540-20210806.pdf

0011616533

Title: A/C Replacement Building 540 at Fort Buchanan, Puerto Rico.

Job: The contractor shall provide personnel, supervision, tools, equipment, materials, insurance, and all necessary to perform A/C Replacement Building 540 at Fort Buchanan, PR. All w ork shall be in accordance w ith the Statement of Work (SOW), Unif ied Facilities Guide Specif ications (UFGS), and all other applicable specif ications, regulations, federal and state law s, and all terns and conditions stated herein.

This requirement is 100% set-aside for HUBZone small business. The applicable NAICS code is 238220, w ith a size standard of $16,500,000.

The estimated value of this project is betw een $250,000 and $500,000.

A bid guarantee equal to 20% (percent) or more of the bid price shall be provided by bidders.

Attachment: (1) Statement of Work (SOW)

(2) Contract Draw ings, titled A/C Replacement Building 540 at Fort Buchanan, PR

X

RAY SANTANA 787-707-2494

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

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS

NEGOTIATED

06-Aug-2021

(RFP)

(IFB)

CALL:

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

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

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

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______10 calendar days and complete it w ithin ________180 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________FAR 52.211-10

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

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

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________07 Sep 2021 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

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

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

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

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

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

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

4. CONTRACT NO.

7. ISSUED BY CODE

MICC - FT BUCHANAN

FT BUCHANAN

DIRECTORATE OF CONTRACTING

34 SOUTH GATE RD, STE 1104

FORT BUCHANAN PR 00934-4206

W912C3

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

10:00 AM (hour)

Sealed envelopes containing offers

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

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

787-707-2491FAX:TEL: 787-707-2487 TEL: FAX:

W912C321B0001 50

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

SOLICITATION, OFFER, AND AWARD (Continued) (Construction, Alteration, or Repair)

CODE FACILITY CODE

17. The offeror agrees to perform the w ork required at the prices specif ied below in strict accordance w ith the terms of this solicitation, if this offer is accepted by the Government in w riting w ithin ________ calendar days after the date offers are due.

the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS SEE SCHEDULE OF PRICES

18. The of feror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

CODE27. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY

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

See Item 14

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

30B. SIGNATURE

29. AWARD (Contractor is not required to sign this document.)

document and return _______ copies to issuing office.) Contractor agrees Your of f er on this solicitation, is hereby accepted as to the items listed. This award con-to f urnish and deliv er all items or perf orm all work, requisitions identif ied summates the contract, which consists of (a) the Gov ernment solicitation and on this f orm and any continuation sheets f or the consideration stated in this y our of f er, and (b) this contract award. No f urther contractual document is contract. The rights and obligations of the parties to this contract shall be necessary .

gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certif ications, and specif ications or incorporated by ref er-ence in or attached to this contract.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)

30C. DATE

(Type or print)

TEL: EMAIL:

31B. UNITED STATES OF AMERICA 31C. AWARD DATE

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

W912C321B0001

Section 00010 - Solicitation Contract Form

INSTRUCTION TO BIDDERS

1. Invitation for Bid (IFB) W912C321B0001, A/C Replacement Building 540 at Fort Buchanan, PR.

2. The applicable NAICS is 238220 and the size standard is $16,500,000.

3. This solicitation is 100% set-aside for HUBZone Small Business.

Contractor shall ensure their System for Award (SAM) registration at www.sam.gov/ is updated to reflect that the company is a HUBZone certified business. In addition, contractors shall complete all representation and certifications in SAM and include the following in their bid:

DUNS Number: _______________ Cage Code: _______________ Tax ID Number: _______________

4. This solicitation uses the procedures of the Federal Acquisition Regulation (FAR) Part 14, Sealed Bidding and FAR Part 36, Construction Contracts.

5. Please carefully read and complete the entire solicitation, to include the Statement of Work and all Technical Specifications.

The following are highlighted for your attention:

The COVID-19 Pandemic has drastically impacted the nation causing many unprecedented challenges on our day to day work. The COVID-19 situation has impact tion processes based on normal practices. The following change is intended to assist in the continuation of the acquisition process in a transparent manner. The changes will allow bidders to submit a bid, participate in a public bid opening while ensuring compliance with social distancing amid COVID-19 Pandemic.

In order to meet the challenges associated with social distancing, MICC Fort Buchanan has transitioned from an in-person bid opening to telephone Conferencing (telecom).

CAUTION: THERE IS A BID RECEIPT DATE AND TIME AND THERE IS A BID OPENING DATE AND

TIME

a. RECEIPT OF BIDS (HAND CARRIED OR MAIL) a.1. HAND CARRIED BIDS: A bid box is provided for hand carried bids and is located at the Visitor Control Center (VCC) Fort Bu a). Once you arrive at the Borinqueneers Gate, Fort Buchanan (before the gate guard) stay on the far right lane that will lead you to the entrance of the

VCC.

Hand carried bids must be deposited in the bid box prior to the time established for opening of bids. The bid box will be inside the Visitor Control Center. Only the MICC Contracting Office will have access to the bid box key.

See item a.2. below for information on outside of bid packages prior to deposit in bid box.

Bidders are cautioned that they should allow time to accomplish the submission of the bid. There may be lines or other restrictions at the gate due to current situation.

Bids received after the date and time established for recei

FAR 14.304.

a.2. Bid shall be submitted in a sealed envelope with the following information on the outside:

Bidders Name Bidders Address Solicitation Number: W912C321B0001, A/C Replacement at Building 540, Fort Buchanan Bid Receipt Date:

Bid Receipt Time:

a.3. MAIL OF BIDS

Bids may be mailed but shall be received before the date and time at the location designated for receipt of bids. Failure to receipt the bid package at the location designated for receipt of bids, by the date and time set for receipt of bids, may be cause for rejection of the bid. Sealed bid envelope shall be identified with the same information on the outside of the envelope as indicated in item a.2. above. See Federal Acquisition Regulation a.4. BID OPENING

THE BID OPENING DATE AND TIME FOR RECEIPT OF THE BIDS IS: AS ESTABLISHED ON THE

SF1442 OR AS AMENDED, LOCAL PUERTO RICO TIME.

Due to the Covid-19 Pandemic and the Executive Orders issued by the Governor of Puerto Rico (to include stay-at-home), the normal way of conducting a bid opening where the Vendors attend the bid opening in person will not be able to take place. Actual Bid Opening will be conducted via Telephone Conference. A copy of the bid sheet will be posted via Beta.sam.gov.

a.4.1. BID OPENING:

Bid Opening Date: SEE SF 1442 OR AS AMENDED

ANY BIDDER SUBMITTING THEIR BID AFTER THE DATE AND TIME INDICATED FOR RECEIPT

BID OPENING WILL BE READ VIA DIAL TELEPHONE CONFERENCE ONLY (DUE TO COVID-19).

Vendors participating in the bid opening Telephone Conference shall perform the following:

Dial Telephone Conference No: 605- bid receipt due date and time) Access Code: 1155021

BID OPENING WILL BE READ ONE HOUR AFTER TIME OF RECEIPT OF BIDS (SAME DATE).

a.5. BID BOND a.5.1. Vendor shall submit a Bid Guarantee in accordance with FAR 52.228-1. The amount of the bid guarantee shall be 20% percent of the bid price.

a.5.2. BID BONDS SHALL BE SUBMITTED IN ITS ORIGINAL FORM WITH ORIGINAL CORPORATE

SEAL IN THE AMOUNT INDICATED.

a.5.3. ELECTRONIC VERSION ACCEPTANCE: An electronic version of the bid guarantee will be accepted with the bid package where the power of attorney clearly establishes the intent of the surety to be bound by the electronic signature of a corporate officer on the power of attorney that included an original corporate seal.

Failure to furnish a bid guarantee in the proper form, with the above proper language and amount, by the time set for receipt of bids, may be cause for rejection of the bid.

a.6. BID INFORMATION a.6.1.

and ineligible for award.

a bid will constitute the Bidder's acceptance of the terms and conditions of the IFB, proposed contract type, and concurrence with the Specifications and other applicable documents.

a.7. The bid is due no later than the date specified in Block 13, SF1442 (top page of the solicitation) or as amended via individual amendments issued, if any. It is the offeror's responsibility that bid submitted, regardless of method of transmission, is received in this office prior to the time and date for receipt of bids.

Bid may be mailed or hand delivered to the bid box

Mailed bids should be sent to the address below:

Mission and Installation Contracting Command 419th Contracting Support Brigade MICC Fort McCoy-MICC Fort Buchanan Division Attn: Ray Santana 34 South Gate Road, Suite 1104 Fort Buchanan, Puerto Rico 00934-4206

6. Questions shall be in writing and emailed by 19 Aug 2021; 10:00 AM Eastern Time to Ray Santana at ray.santana.civ@mail.mil and copy Maria Otero at maria.d.otero4.civ@mail.mil. Answers to questions, if any, will be submitted via an amendment releasable to all as incorporated via Contract Opportunities at https://beta.sam.gov/. Contractors ensure that you submit all your questions under one email. Faxed copy of bids are not acceptable and will not be considered by the Government.

7. Documentation Required. Contractor shall ensure that each personnel required under the A/C Replacement Building 540 at Fort Buchanan, PR has the required knowledge, experience and training in accordance with the Statement of Work (SOW). Contractor shall complete, date and sign the SF1442 (first page of the IFB). Bid without proper signature may be rejected. Signed originals shall be included for all documents requiring contractor's signature. In doing so, the offeror accedes to the contract terms and conditions as written in the solicitation.

Contractor shall submit with any hard copy of the bid a CD or DVD with a digital copy of all documents submitted with the bid.

Insert proposed fixed-price unit in each Contract Line Item Number (CLIN) as required. Prices shall not extend past the second decimal point for unit and extended amounts.

The proposed price shall include personnel, supervision, tools, equipment, materials, insurance, all necessary, overhead, other directs costs, G&A, and profit to fulfill the contractual requirements of Statement of Work. Bidders shall submit all required documents and complete all required clauses and certifications in order to have a complete bid. The Government reserves the right to reject any bid that is conditioning the price.

You must be registered in the system for award management (SAM) and registration up-to-date in order to be awarded a Department of Defense contract. If you need to register in SAM, go to the website https://www.sam.gov Ensure your certifications are completed in this solicitation and in your SAM registration.

8. Amendments: Contractor shall review, ensure compliance and return a signed copy of each amendment with bid.

9. DOING BUSINESS IN PUERTO RICO. Offerors are cautioned to research and get familiarized with requirements of doing business in Puerto Rico (i.e. Sistema Unificado de Rentas Internas (SURI), taxes, etc.

10. The COVID-19 Pandemic has drastically impacted the nation causing many unprecedented challenges on our day-to-day work. The COVID-19 situation has imp specific, the MICC Fort normal practices. The following change is intended to assist in the continuation of the acquisition process in a transparent manner. The changes will allow offerors to hand-carried bids while ensuring compliance with social distancing amid COVID-19 Pandemic. A box is provided for hand-carried bids and is located at the Visitor Control Center (VCC) Fort Buchanan, The Borinqueneers Gate, PR 28 (Goya). Once you arrive at the Borinqueneers Gate, Fort Buchanan (before the gate guard) stay on the far right lane that will lead you to the entrance of the VCC. Hand-carried bids must be deposited in the box prior to the time established for submission of bids. The box will be inside the Visitor Control Center. You will place the bid inside the box. Only the MICC Contracting Office have access to the box key. To access Fort Buchanan all individuals must have a picture ID.

11. In order to ensure safety and meet the challenges associated with social distancing, MICC Fort Buchanan has made the following changes in conducting Site Visits:

A one time site visit only will be conducted on 17 August 2021 at 9:00 AM.

Maximum of one (1) person from each company will be allowed.

BIDDERS INTERESTED IN ATTENDING THE SITE VISIT:

AM sharp. Failure to be at the Visitors Center at indicated date and time, may be cause for not being able to complete a Site visit.

Person attending the site visit shall wear and use a medical mask (defined as surgical or procedure masks that are flat or pleated; they are affixed to the head with straps that go around the ears or head or both) throughout visit and completion.

Site visitors shall observe six (6) feet of distance from others at all times.

In addition, compliance with hand hygiene shall also be adhered or wearing of gloves as it is critical to prevent human-to-human transmission of COVID-19.

ce (poster) referenced in FAR clause 52.222-26(c) (3), Equal Opportunity, is located at http://www.dol.gov/ofccp/regs/compliance/posters/ofccpost.htm.

13. Notice to DoD employees and contractors on protecting classified information and the integrity of unclassified government information technology (it) systems:

The recent disclosure of U.S. Government documents by WikiLeaks has caused damage to our national security.

Each DoD employee and contractor is obligated to protect classified information and the integrity of government IT systems in accordance with applicable laws and DoD policies. Unauthorized disclosures of classified documents (whether in print, on a blog, or on websites) do not alter us or automatically result in declassification of the documents. To the contrary, classified information, whether or not already posted on public websites or disclosed to the media, remains classified, and must be treated as such by DoD employees and contractors, until it is declassified by an appropriate original classification authority.

DoD employees and contractors are reminded of the following obligations with respect to protecting classified information and the integrity of unclassified government IT systems. DoD employees or contractors shall not access classified information unless they have: Received a favorable determination of eligibility for access by an appropriate authority, Signed an approved nondisclosure agreement, Demonstrated a need to know the information, and Received training on proper safeguarding of classified information and on the criminal, civil, and administrative sanctions that may be imposed on an individual who fails to protect classified information from unauthorized disclosure. DoD employees or contractors shall not remove classified information from official premises or disclose it without proper authorization. Except as authorized by DoD policy and procedures, DoD employees or contractors shall not, while accessing the web on unclassified government systems (including Black Berries or other smartphones), access or download documents that are marked classified (including classified documents publicly available on WikiLeaks.org and other websites), as doing so risks putting classified information on unclassified IT systems. This requirement applies to accessing or downloading that occurs using government computers lly owned computers that access unclassified government systems, either through remote Outlook access or other remote access capabilities that enable connection to these government systems. This requirement does not restrict employee or contractor access to unclassified, publicly available news reports (and other unclassified material) that may in turn discuss classified material, as distinguished from access to the underlying classified documents available on public websites or otherwise in the public domain. DoD employees or contractors shall refer all public queries on this matter to their servicing Public Affairs office; they shall neither confirm nor deny the presence of classified information in articles or websites in the public domain. DoD employees or contractors shall refer Congressional queries pertaining to the presence of classified information in articles or websites in the public domain to their servicing Congressional Affairs office. DoD employees and contractors who believe they have inadvertently accessed or downloaded classified information from a public website via an unclassified government IT system, or without prior authorization, shall contact their information assurance manager (IAM) or information assurance office (IAO) for assistance.

Note: In the case of classified documents inadvertently accessed or downloaded from the WikiLeaks website or other websites posting WikiLeaks-related classified documents, the IAM will document each occurrence and delete the affected file (s) by holding down the SHIFT key while pressing the DELETE key for Windows-based systems.

No incident report or further sanitization of government IT systems is required. This guidance pertains only to the accessing or downloading of the classified documents described above because of the extent of the compromise and the prohibitive cost of standard sanitization procedures. All other classified spillages must be handled in accordance with existing regulations.

14. Relationship between government, contractor and contractor personnel

a. The Government and the Contractor understand and agree that the services to be delivered under this contract by the Contractor to the Government are non-personal services, and the parties recognize and agree that no employer-employee or master servant relationship exists or will exist under the contract between the Government and the Contractor and/or between the Government and the Contractor's personnel. The Contractor personnel shall be responsible, not to the Government, but solely to the Contractor, who, in turn, shall be accountable to the Government.

b. The Government will not exercise any supervision or control over Contractor personnel performing services under this contract. Contractor personnel shall not be placed under the supervision, direction, or evaluation of a Federal Officer, military or civilian, in connection with performance under this contract.

c. Rules, regulations, directives, and requirements which are issued during the contract term by Department of Army and local Provost Marshal Activities under their responsibility for law and order, administration and security on the installation shall be applicable to all contractor personnel or representatives who enter the installation. This requirement shall not be construed or interpreted to establish any degree of Government control which is consistent with the intent of a personal services contract. Contractor personnel or representatives shall be subject to such checks as may be deemed necessary to assure that their presence on the installation does not violate these requirements. No employee will be permitted on the installation when such a check reveals that his presence would be detrimental to the security of the installation or the accomplishment of work. When directed by the Contracting Officer, the Contractor shall remove any employee from an assignment to perform services under this contract for reasons of misconduct or breaches of security in connection with his or her employment. Removal of an employee does not relieve the Contractor of his responsibility to perform the requirements specified within this contract. In other instances, the Contractor shall take appropriate personnel action as required in the event of employee misconduct in connection with his or her employment. The services to be performed under this contract shall not require the Contractor or his employee to exercise personal judgment and discretion on behalf of the Government, but rather, the Contractor's employees shall act and exercise personal judgment and discretion on behalf of the Contractor.

e. Contractor and Contractor personnel shall not be considered employees of the Federal Government and shall not be eligible, by virtue of performance under this contract, for payment by the Government of entitlements and benefits accorded federal employees.

a. Individuals. A contract with an individual shall be signed by that individual. A contract with an individual

b. Partnerships. A contract with a partnership shall be signed in the partnership name. Before signing for the Government, the contracting officer shall obtain a list of all partners and ensure that the individual(s) signing for the partnership have authority to bind the partnership.

c. Corporations. A contract with a corporation shall be signed in the corporate name, followed by the word sign. The contracting officer shall ensure that the person signing for the corporation has authority to bind the corporation.

d. Joint ventures. A contract with joint ventures may involve any combination of individuals, partnerships, or corporations. The contract shall be signed by each participant in the joint venture in the manner prescribed in paragraphs (a) through (c) of this section for each type of participant. When a corporation is participating, the contracting officer shall verify that the corporation is authorized to participate in the joint venture.

e. Agents. When an agent is to sign the contract, other than as stated in paragraphs (a) through (d) of this be established by evidence satisfactory to the contracting officer.

16. Contractors should have a written code of business ethics and conduct. To promote compliance with such code of business ethics and conduct, contractors should have an internal control system that-

(1) Are suitable to the size of the company and extent of its involvement in Government contracting;

(2) Facilitate timely discovery and disclosure of improper conduct in connection with Government contracts;

and

(3) Ensure corrective measures are promptly instituted and carried out.

17. Insurance. For required insurance see Section 00800 of this IFB and FAR Clause 52.228-5, Insurance - - Work on a Government Installation.

18. Basis for Award. See FAR 52.214-19 in this solicitation

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job

A/C REPLACEMENT BLDG. 540

FFP

The contractor shall provide personnel, supervision, tools, equipment, materials, insurance, and all necessary to perform A/C Replacement Building 540 at Fort Buchanan, PR. All work shall be in accordance with the Statement of Work (SOW), Unified Facilities Guide Specifications (UFGS), and all other applicable specifications, regulations, federal and state laws, and all terms and conditions stated herein.

FOB: Destination

PURCHASE REQUEST NUMBER: 0011616533

PSC CD: N041

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 1 Job Payment & Performance Bonds

FFP

Contractor shall provide applicable Performance and Payment Bonds in accordance with FAR 52.228-15, Performance and Payment Bonds-Construction.

FOB: Destination

PURCHASE REQUEST NUMBER: 0011616533

PSC CD: N041

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 180 dys. ANP 1 W1H1 USAG FT BUCHANAN

ALEX GONZALEZ

DPW LOGISTICS DIVISION

BLDG 37 SOUTH GATE RD

FORT BUCHANAN 00934-4206

787-707-3228 FOB: Destination

W81YDN

0002 180 dys. ANP 1 (SAME AS PREVIOUS LOCATION)

FOB: Destination

W81YDN

Section 00100 - Bidding Schedule/Instructions to Bidders

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-22 Alternative Line Item Proposal JAN 2017 52.214-3 Amendments To Invitations For Bids DEC 2016 52.214-4 False Statements In Bids APR 1984 52.214-5 Submission Of Bids DEC 2016 52.214-6 Explanation To Prospective Bidders APR 1984 52.214-7 Late Submissions, Modifications, and Withdrawals of Bids NOV 1999 52.214-18 Preparation of Bids-Construction APR 1984 52.214-34 Submission Of Offers In The English Language APR 1991 252.215-7013 Supplies and Services Provided by Nontraditional Defense

Contractors.

JAN 2018

CLAUSES INCORPORATED BY FULL TEXT

52.214-19 CONTRACT AWARD--SEALED BIDDING--CONSTRUCTION (AUG 1996)

(a) The Government will evaluate bids in response to this solicitation without discussions and will award a contract to the responsible bidder whose bid, conforming to the solicitation, will be most advantageous to the Government, considering only price and the price-related factors specified elsewhere in the solicitation.

(b) The Government may reject any or all bids, and waive informalities or minor irregularities in bids received.

(c) The Government may accept any item or combination of items, unless doing so is precluded by a restrictive limitation in the solicitation or the bid.

(d) The Government may reject a bid as nonresponsive if the prices bid are materially unbalanced between line items or subline items. A bid is materially unbalanced when it is based on prices significantly less than cost for some work and prices which are significantly overstated in relation to cost for other work, and if there is a reasonable doubt that the bid will result in the lowest overall cost to the Government even though it may be the low evaluated bid, or if it is so unbalanced as to be tantamount to allowing an advance payment.

(End of provison)

52.216-1 TYPE OF CONTRACT (APR 1984)

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

(End of provision)

52.228-1 BID GUARANTEE (SEP 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States.

The Contracting Officer will return bid guarantees, other than bid bonds, (1) to unsuccessful bidders as soon as practicable after the opening of bids, and (2) to the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.-

(c) The amount of the bid guarantee shall be 20 percent percent of the bid price.

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.-

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

(End of provision)

52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from

MISSION & INSTALLATION CONTRACTING COMMAND

419th Contracting Support Brigade MICC Fort McCoy-Fort Buchanan Division 34 South Gate Road Suite 1104 Fort Buchanan, PR 00934

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995)

(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) See Instructions to Bidders for site visit date, location, and instructions.

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

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

https://www.acquisition.gov/browse/index/far

(End of provision)

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision.

(b) The use in this solicitation of any provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

Section 00600 - Representations & Certifications

52.209-13 Violation of Arms Control Treaties or Agreements --

Certification.

FEB 2021

52.225-10 Notice of Buy American Requirement--Construction Materials

MAY 2014

252.203-7005 Representation Relating to Compensation of Former DoD Officials

NOV 2011

252.204-7008 Compliance With Safeguarding Covered Defense Information Controls

OCT 2016

252.204-7016 Covered Defense Telecommunications Equipment or Services -- Representation

DEC 2019

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation

MAY 2021

252.225-7974 (Dev) Representation Regarding Business Operations with the Maduro Regime (DEVIATION 2020-O0005)

FEB 2020

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2020)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 238220.

(2) The small business size standard is $16,500,000.

(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, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), 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 adju

(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) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(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.

(vi) 52.204-26, Covered Telecommunications Equipment or Services--Representation. This provision applies to all solicitations.

(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations--Representation.

(viii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(x) 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.

(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). 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.

(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.

(xiii) 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.

(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xv) 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.

(xvi) 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.

(xvii) 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.

(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.

(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.)

(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xxi) 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 $83,099, the provision with its Alternate II applies.

(D) If the acquisition value is $83,099 or more but is less than $100,000, the provision with its Alternate III applies.

(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.

(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating This provision applies to all solicitations.

(xxv) 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 representations or certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

(i) 52.204-17, Ownership or Control of Offeror.

(ii) 52.204-20, Predecessor of Offeror.

(iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

(iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.

(v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.

(vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA- Designated Products (Alternate I only).

(vii) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

(viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The Offeror has completed the annual representations and certifications electronically in SAM accessed through https://www.sam.gov. After reviewing the SAM 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.

252.204-7007 ALTERNATE A, ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAY 2021)

Substitute the following paragraphs (b), (d) and (e) for paragraphs (b) and (d) of the provision at FAR 52.204-8:

(b)(1) If the provision at FAR 52.204-7, System for Award Management, is included in this solicitation, paragraph

(e) of this provision applies.

(2) If the provision at FAR 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (e) 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:

__ (i) Paragraph (e) applies.

__ (ii) Paragraph (e) does not apply and the Offeror has completed the individual representations and certifications in the solicitation.

(d)(1) The following representations or certifications in the SAM database are applicable to this solicitation as indicated:

(i) 252.204-7016, Covered Defense Telecommunications Equipment or Services--Representation. Applies to all solicitations.

(ii) 252.216-7008, Economic Price Adjustment--Wage Rates or Material Prices Controlled by a Foreign Government. Applies to solicitations for fixed-price supply and service contracts when the contract is to be performed wholly or in part in a foreign country, and a foreign government controls wage rates or material prices and may during contract performance impose a mandatory change in wages or prices of materials.

(iii) 252.225-7042, Authorization to Perform. Applies to all solicitations when performance will be wholly or in part in a foreign country.

(iv) 252.225-7049, Prohibition on Acquisition of Certain Foreign Commercial Satellite Services--Representations.

Applies to solicitations for the acquisition of commercial satellite services.

(v) 252.225-7050, Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism. Applies to all solicitations expected to result in contracts of $150,000 or more.

(vi) 252.229-7012, Tax Exemptions (Italy)--Representation. Applies to solicitations when contract performance will be in Italy.

(vii) 252.229-7013, Tax Exemptions (Spain)--Representation. Applies to solicitations when contract performance will be in Spain.

(viii) 252.247-7022, Representation of Extent of Transportation by Sea. Applies to all solicitations except those for direct purchase of ocean transportation services or those with an anticipated value at or below the simplified acquisition threshold.

(2) The following representations or certifications in SAM are applicable to this solicitation as indicated by the Contracting Officer: [Contracting Officer check as appropriate.]

____ (i) 252.209-7002, Disclosure of Ownership or Control by a Foreign Government.

____ (ii) 252.225-7000, Buy American--Balance of Payments Program Certificate.

____ (iii) 252.225-7020, Trade Agreements Certificate.

____ Use with Alternate I.

____ (iv) 252.225-7031, Secondary Arab Boycott of Israel.

____ (v) 252.225-7035, Buy American--Free Trade Agreements--Balance of Payments Program Certificate.

____ Use with Alternate I.

____ Use with Alternate II.

____ Use with Alternate III.

____ Use with Alternate IV.

____ Use with Alternate V.

____ (vi) 252.226-7002, Representation for Demonstration Project for Contractors Employing Persons with Disabilities.

____ (vii) 252.232-7015, Performance-Based Payments--Representation.

(e) The Offeror has completed the annual representations and certifications electronically via the SAM website at 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 FAR 52.204-8(c) and paragraph (d) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to 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 provision number, title, date____]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR/DFARS provision No.

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 located in the SAM database.

Section 00700 - Contract Clauses

52.202-1 Definitions JUN 2020 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-6 Restrictions On Subcontractor Sales To The Government JUN 2020 52.203-7 Anti-Kickback Procedures JUN 2020 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity

MAY 2014

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

JUN 2020

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

JAN 2017

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

MAY 2011

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUN 2020

52.204-13 System for Award Management Maintenance OCT 2018 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-21 Basic Safeguarding of Covered Contractor Information Systems

JUN 2016

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities.

JUL 2018

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.

OCT 2020

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

AUG 2020

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

JUN 2020

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.219-8 Utilization of Small Business Concerns OCT 2018 52.222-3 Convict Labor JUN 2003 52.222-4 Contract Work Hours and Safety Standards - Overtime

Compensation

MAY 2018

52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-27 Affirmative Action Compliance Requirements for

Construction

APR 2015

52.222-35 Equal Opportunity for Veterans JUN 2020 52.222-36 Equal Opportunity for Workers with Disabilities JUN 2020 52.222-37 Employment Reports on Veterans JUN 2020 52.222-50 Combating Trafficking in Persons OCT 2020 52.222-54 Employment Eligibility Verification OCT 2015 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

SEP 2013

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.223-11 Ozone-Depleting Substances and High Global Warming

Potential Hydrofluorocarbons.

JUN 2016

52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners.

JUN 2016

52.223-15 Energy Efficiency in Energy-Consuming Products MAY 2020 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

AUG 2018

52.223-18 Encouraging Contractor Policies To…