Released-Amendment0001-Solicitation-Conform-W912C322Q0007-ToroCreek-20220812.pdf

0011798423

Job: TORO CREEK GATE REPAIRS FORT BUCHANAN PUERTO RICO

The Mission and Installation Contracting Command, MICC-Fort Buchanan has a requirement for the repair of an existing gate, fabrication and installation of a new hinged gate at Toro Creek, Fort Buchanan Puerto Rico. All w ork shall be in accordance w ith the Statement of Work (SOW), all other applicable specif ications, regulations, federal and state law s, and all terms and conditions stated herein.

The requirement is set aside as 100% Total Small Business.

The magnitude of the requirement is betw een $25,000 and $100,000

The NAICS code is 238120 w ith a size standard of $16.5 Million.

A bid guarantee equal to 20% (percent) of the quote shall be provided by vendors.

Attached:

1) Quote Breakdow n

2) Draw ings

3) SOW

4) Safety Plan Template

5) EM385-1-1 Minimum Basic Outline for Accident Prevention Plans

ANGEL D GARAY 787-707-2489

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

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

NEGOTIATED

01-Jul-2022

(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 ________150 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 specified in Item 8 by ___________ local time ______________26 Aug 2022 (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)

FAX:TEL: 787-707-2494 TEL: FAX:

W912C322Q0007 64

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

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

CODE FACILITY CODE

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

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

AMOUNTS SEE SCHEDULE OF PRICES

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

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

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

See Item 14

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

30B. SIGNATURE

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

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

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

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

30C. DATE

(Type or print)

TEL: EMAIL:

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

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

W912C322Q0007

Section 00010 - Solicitation Contract Form

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job

TORO CREEK GATE REPAIR

FFP

Provide labor, equipment, materials, supervision, insurance and all necessary to perform the work in connection with Repair to Toro Creek Gate, Fort Buchanan, P.R in accordance with atl terms and condiitons, regulations and codes.

Contractor SHALL INCLUDE, WITH THEIR QUOTE PACKAGE, A DETAILED PRICE BREAKDOWN (labor, materials, equipment, OH, Profit, Insurance, etc. (see sample quote template) to review all contemplated for project.

Contractor shall ensure all work is in accordance with the Statement of Work, specifications, drawings included in the Solicitation and codes and regulations.

FOB: Destination

PURCHASE REQUEST NUMBER: 0011798423

PSC CD: 5660

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

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 150 dys. ANP 1 W1H1 USAG FT BUCHANAN

RAYMON REYES

34 SOUTH GATE ROAD

FORT BUCHANAN PR 00934

787-707-3854 FOB: Destination

W81YDN

Section 00100 - Bidding Schedule/Instructions to Bidders

INSTRUCTIONS TO VENDORS

INSTRUCTIONS TO VENDORS:

REQUEST FOR QUOTES (RFQ) W912C322Q0007,

TORO CREEK GATE REPAIRS

AT FORT BUCHAHAN PUERTO RICO

NOTE: THIS SOLICITATION IS SUBJECT TO FAR 52.232-18, AVAILABILITY OF FUNDS

1. The requirement is for Toro Creek Gate Repairs Fort Buchanan Puerto Rico. An Award for this requirement will be made pursuant to FAR 13, Simplified Acquisition Procedures.

2. All questions shall be in writing. Questions may be emailed to Angel Garay at email:

angel.d.garay2.civ@army.mil and Carla Rosario at carla.m.rosario-rivera.civ@army.mil. Questions are due on AUG 18, 2022 at 10:00am for this action (see item 13 below) in order to ensure a timely response is provided by the solicitation closing date. All questions are to be submitted in writing at the date and time indicated above. Please provide your company name, telephone, point of contact, cage code, e-mail address, and solicitation number on all questions. The Government will provide responses to questions via the issuance of an amendment and posted on the SAM.gov with the solicitation.

Quotes are due to the Government on or before the time listed on the 1442, Puerto Rico time. It is the contractor’s responsibility to ensure their quote is received by the due date and time. Contractor shall submit a signed SF 1442, Amendments issued, if any, any other requested information in the Request for Quote.

3. If a quote is based on a teaming/partnering relationship or a joint venture, the contractor shall provide, with the quote, all required solicitation information for all parties including a copy of the teaming/partnering or joint venture agreement. The agreement shall include information, which identifies the responsibilities for each entity under this contract. The agreement shall demonstrate the relationship between firms and identify contractual relationships and authorities to bind each entity of the teaming/partnering or joint venture relationship.

4. This procurement is 100% Set-Aside for Small Business concerns under NAICS Code 238120 with a size standard of $16.5 Million.

The Mangnitude of this requirement is between $25,000 to $100,000.00

5. Period for acceptance of quotes. The vendor agrees to hold the prices in it offer firm for 90 days.

6. Site Visit. A site visit will be conducted on July 13, 2022 at 1:30 p.m. The government will meet interested vendors at 1:00 PM (sharp) at the Visitor Control Center Parking (VCC) lot. Interested vendors shall have a valid driver’s license (REAL ID) or passport in order to enter Fort Buchanan. No new site visit will be conducted or schedule for this requirement.

NOTE: A maximum of two individuals would be authorized per company. If authorized person already have an access to the base, Contractor shall wait at the Visitor Control Center Parking lot (GATE located at PR 28 nearby the PX) for the briefing.

SITE VISIT IS NOT MANDATORY BUT HIGHLY RECOMMENDED.

SITE VISIT WILL START EXACTLY AT THE TIME STATED ABOVE. CONTRACTOR SHALL ARRIVE TO THE GATE AT LEAST 30 MINUTES PRIOR TO THE EVENT TO ALLOW PROPER TIME TO THE VISITOR

CENTER PERSONNEL TO PROCESS THE BACKGROUND CHECK. ACCESS REJECTION OF ANY

INDIVIDUAL IS CONTRACTOR RESPONSIBILITY. NO WAIVERS WOULD BE AUTHORIZED.

CONTRACTOR IS REQUIRED TO ENSURE PERSONNEL ASSIGNED TO ATTEND THE SITE VISIT PASS

THE BACKGROUND INVESTIGATION. THIS IS THE ONLY SITE VISIT SCHEDULE

Person attending the site visit shall have medical mask available for immediate used if mandated (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.

7. EMAIL SUBMISSION: The package shall be emailed to: Angel Garay at email: angel.d.garay2.civ@army.mil and Carla Rosario at carla.m.rosario-rivera.civ@army.mil. The qote is due to the Government on or before the time listed SF1442 or as amended via an Amendment. It is the contractor’s responsibility to ensure their quote is received by or before due date and time. Failure to receive the quote package to include Amendments issued by the date and time may be cause for further consideration for award. The quote shall be submitted containing the following:

• Signed SF 1442 back

• Signed All Amendments issued

• Completed Price Schedule CLINS

• Detailed price breakdown – separate document – This is required for evaluation

• Bid Guarantee - The Bid Bond amount shall be twenty percent (20%) of the proposed price. Bidders must use the Standard Form (SF) 24 if providing a bid bond as the bid guarantee. Email quote and documentation submission is authorized.

Include any require information requested by the Solicitation with quotel. Failure to do so, may render the quote as non‐responsive and may not be consider ineligible for award

8. MAIL/HANDCARRIED SUBMISSION: QUOTES MAY BE E-MAILED OR HAND DELIVERED SEE

ABOVE FOREMAIL. IT IS THE VENDOR’S RESPONSIBILITY THAT QUOTE SUBMITTED,

REGARDLESS OF METHOD OF TRANSMISSION, IS RECEIVED IN THIS OFFICE PRIOR TO THE TIME

AND DATE FOR RECEIPT OF OFFER. MAILED QUOTE SHOULD BE SENT TO THE ADDRESS

BELOW:

MISSION AND INSTALLATION CONTRACTING COMMAND

419th CONTRACTING SUPPORT BRIGADE

MICC-FORT BUCHANAN

ATTN: JOSE LOPEZ

34 SOUTH GATE ROAD, SUITE 1104

Fort Buchanan PR 00934-4206

CONTRACTOR IS CAUTIONED THAT THERE MAY BE DELAYS AT THE GATES AND SHOULD ALLOW

ADEQUATE TIME FOR ENTERING THE INSTALLATION TO ENSURE PACKAGES ARE RECEIVED

PRIOR TO THE TIME AND DATE FOR RECEIPT OF QUOTE. ALL INDIVIDUALS MUST HAVE A

PICTURE ID AND NO SUBSTITUTIONS ARE AUTHORIZED. VEHICLES ARE ALSO SUBJECT TO

SEARCH.

9. Prices shall not exceed two decimal places

10. Insurance. FAR Clause 52.228-5, Insurance - - Work on a Government Installation.

In accordance with FAR clause 52.228-5 entitled, “Insurance--Work on a Government Installation” the following minimum amounts of insurance are required.

Workmen’s Compensation* As required by state laws Employer’s Liability Insurance

$100,000 per accident

General Liability Insurance - Bodily Injury Liability

$500,000 per occurrence

Auto Liability Insurance $200,000 per person Bodily Injury

$500,000 per occurrence

Property Damage $20,000 per occurrence

Insurance Certificate shall incorporate in Description Block the following:

a. Contract Number

b. Description of Project

c. Verbiage Exactly as written: “Any cancellation or material change in the coverage adversely affecting the Government's interest shall not be effective unless the insurer or the contractor gives thirty (30) days written notice of cancellation or change to the contracting officer.”

Within ten (10) calendar days after contract award, the Contractor shall certify to the Contracting Officer, in writing, that the required insurance has been obtained.

Note: Workers Compensation can be replaced by Fondo del Estado

11. DOING BUSINESS IN PUERTO RICO. Vendors 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.

12. The “Equal Employment Opportunity Is The Law” notice (poster) referenced in FAR Clause 52.222-26(b)(3), is located at http://www.dol.gov/ofccp/regs/compliance/posters/pdf/eeopost.pdf

13. FAR 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts:

In the performance of this contract, the Contractor shall-

(1) Report to http://www.sam.gov, with a copy to the Contracting Officer, on the product types and dollar value of any USDA-designated biobased products purchased by the Contractor during the previous Government fiscal year, between October 1 and September 30; and

(2) Submit this report no later than-

(i) October 31 of each year during contract performance; and

(ii) At the end of contract performance

14. 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 the documents’ classified status 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:

o Received a favorable determination of eligibility for access by an appropriate authority, o Signed an approved nondisclosure agreement, o Demonstrated a need to know the information, and o 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 BlackBerries 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 or employees’ or contractors’ personally 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 or 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.

15. After Award: Contractor shall ensure all materials to be install or used in the performance of the work complies with the terms and conditions of the contract as well as Government approval is obtained before any order is placed, as required.

Failure to obtain approval of specific materials/equipment to be used in the performance of the contract and/or other required in the contract, may lead to contractor reworking/purchasing the required item at the contractor’s expense.

Any deviation as a result of the contractor understanding there is a “best practice”, “better material” or “best practice for work, prior approval of the Government is required.

Responsibility of Contractor/Contractor’s Risk: Failure of Timely Submission of required documents for issuance of Notice to Proceed may lead to delays in ordering of materials, increase material prices or materials not being available.

Request Contractor monitor submission of submittals, Request for Information or other documentation sent to the Government. Failure of one or more Government personnel to not respond timely to documents, please send an email to the Contracting Officer.

16. MEDICAL MARIHUANA/CANNABIS: Federal Government prohibits the use of any illegal drugs at Fort Buchanan including medical marihuana/Cannabis. Contractor is responsible to instruct employees to avoid any used or distribution on Fort Buchanan premises. Contractor will be responsible. If any employee is practicing this action, they will be prosecuted as required by the applicable Federal laws at Fort Buchanan.

17. FIREARMS: Essentially, there are no concealed weapons allowed on the installation, with the exception of military and federal law enforcement, who have the authority to carry in the performance of their duties.

Bringing a weapon into a federal building or onto a federal installation is against the law.

This regulation is punitive. Personnel subject to the Uniform Code of Military Justice (UCMJ) who fail to comply with the requirements of this regulation are subject to punishment under the UCMJ, as well as to adverse administrative action and other adverse action authorized by applicable United States Code sections or Federal regulations.

Personnel not subject to the UCMJ who fail to comply with the provisions of this regulation are subject to adverse administrative action or criminal prosecution as authorized by applicable laws of the United States

It does not matter if you have a license to carry a firearm in Puerto Rico or in any other US state. The firearm license does not authorize you to have a firearm on Fort Buchanan.

Failure to abide by the above, may cause further adverse actions against the employee and/or contractor.

CLAUSES INCORPORATED BY REFERENCE

52.204-22 Alternative Line Item Proposal JAN 2017 252.215-7013 Supplies and Services Provided by Nontraditional Defense

Contractors.

JAN 2018

CLAUSES INCORPORATED BY FULL TEXT

52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

Goals for minority participation for each trade

Goals for female participation for each trade

N/A 6.9%

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction,'' and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the --

(1) Name, address, and telephone number of the subcontractor;

(2) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is Puerto Rico.

(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 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.

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 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)

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) Site visits may be arranged during normal duty hours by contacting:

July 13, 2022 at 1:30 p.m.

The government will meet interested vendors at 1:00 PM (sharp) at the Visitor Control Center Parking (VCC) lot. Interested vendors shall have a valid driver’s license (REAL ID) or passport in order to enter Fort Buchanan.

NOTE: A maximum of two individuals would be authorized per company. If authorized person already have an access to the base, Contractor shall wait at the Visitor Control Center Parking lot (GATE located at PR 28 nearby the PX) for the briefing.

SITE VISIT IS NOT MANDATORY BUT HIGHLY RECOMMENDED.

SITE VISIT WILL START EXACTLY AT THE TIME STATED ABOVE. CONTRACTOR SHALL ARRIVE TO THE GATE AT LEAST 30 MINUTES PRIOR TO THE EVENT TO ALLOW PROPER TIME TO THE VISITOR

CENTER PERSONNEL TO PROCESS THE BACKGROUND CHECK. ACCESS REJECTION OF ANY

INDIVIDUAL IS CONTRACTOR RESPONSIBILITY. NO WAIVERS WOULD BE AUTHORIZED.

CONTRACTOR IS REQUIRED TO ENSURE PERSONNEL ASSIGNED TO ATTEND THE SITE VISIT PASS

THE BACKGROUND INVESTIGATION. THIS IS THE ONLY SITE VISIT SCHEDULE

52.236-28 PREPARATION OF PROPOSALS--CONSTRUCTION (OCT 1997)

(a) Proposals must be (1) submitted on the forms furnished by the Government or on copies of those forms, and (2) manually signed. The person signing a proposal must initial each erasure or change appearing on any proposal form.

(b) The proposal form may require offerors to submit proposed prices for one or more items on various bases, including--

(1) Lump sum price;

(2) Alternate prices;

(3) Units of construction; or

(4) Any combination of paragraphs (b)(1) through (b)(3) of this provision.

(c) If the solicitation requires submission of a proposal on all items, failure to do so may result in the proposal being rejected without further consideration. If a proposal on all items is not required, offerors should insert the words “no proposal” in the space provided for any item on which no price is submitted.

(d) Alternate proposals will not be considered unless this solicitation authorizes their submission.

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

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

www.acquisition.gov/

BASIS OF AWARD

The Government intends to award a contract resulting from this solicitation to a responsible offeror whose quote conforms to the solicitation and who submits the lowest-priced, technically acceptable quote that is found to be the most advantageous to the Government. Therefore, the offeror's initial quote should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject the offer if such action is in the public interest and waive informalities and minor irregularities in the offer received.

TECHNICAL: Acceptable or Unacceptable

SUBMITTED DETAILED PRICE BREAKDOWN: The proposed price in response to this solicitation must include all costs associated with the successful completion of the project to include, Proper Equipment, Materials, Labor, OH, Profit, applicable Federal and State taxes, and all other required for execution of Repairs Toro Creek Gate, Fort Buchanan, PR.

Technical Acceptable / Unacceptable Rating

Rating Desscription Acceptable Quote considered all reasonably required for completion of the solicitation.

Unacceptable Quote DID NOT considered all reasonably required for completion of the solicitation.

PRICE:

a. SUBMITTED DETAILED PRICE BREAKDOWN: The Price Submission will not be scored or rated.

To be considered for award, an offeror’s price must be determined fair and reasonable, complete and accurate.

b. Complete/Accurate. The offeror’s price quote shall be evaluated to ensure that it is mathematically accurate.

When evaluating price (to include detailed price breakdown) the Government reserves the right, without entering discussions, to de-conflict or correct situations involving clerical errors, minor mathematical errors, rounding discrepancies or obvious misplacement of decimal points where there is a negligible impact on price. The unit price will prevail.

c. Reasonableness. The existence of adequate price competition is expected to support a determination of reasonableness. If adequate price competition is not obtained or if price reasonableness cannot be determined using price analysis of Government obtained information, additional information in accordance with FAR 15.4 may be required from the Offeror to support the proposed price.

Section 00600 - Representations & Certifications

FAR 4.102 CONTRACTOR'S CERT

FAR 4.102: Contractor’s signature

(a) Individuals. A contract with an individual shall be signed by that individual. A contract with an individual doing business as a firm shall be signed by that individual, and the signature shall be followed by the individual’s typed, stamped, or printed name and the words “, an individual doing business as ___________________________” [insert name of firm].

(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 “by” and the signature and title of the person authorized to sign. The contracting officer shall ensure that the person signing for the corporation has authority to bind the corporation.

(d) Joint venturers. A contract with joint venturers 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 section, the agent’s authorization to bind the principal must be established by evidence satisfactory to the contracting officer.

52.204-26 Covered Telecommunications Equipment or Services--

Representation.

OCT 2020

52.219-28 Post-Award Small Business Program Rerepresentation SEP 2021 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019 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

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

JAN 2021

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements MAR 2022 252.204-7020 NIST SP 800-171 DoD Assessment Requirements MAR 2022 252.225-7974 (Dev) Representation Regarding Business Operations with the

Maduro Regime (DEVIATION 2020-O0005)

FEB 2020

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAY 2022)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 238120.

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

(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees if the acquisition--

(i) Is set aside for small business and has a value above the simplified acquisition threshold;

(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(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 adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, 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.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(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 is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).

(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 is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).

(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 products or commercial services.

(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 $92,319, the provision with its Alternate II applies.

(D) If the acquisition value is $92,319 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 to Iran—Representation and Certification. 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.

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-- Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that--

(1) It [ ___ ] will, [ ___ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--

It [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered…