Released- Solicitation_W912C324Q0004_GeneratorB379-20240715.pdf

0012125891

REQUIREMENT: Provide labor, equipment, materials, supervision, insurances and all necessary for the Removal of tw o (2) existing generators and Replace w ith tw o (2) new government provided Generators at Building 379 at Fort Buchanan, Puerto Rico 00934 in accordance w ith all regulations, codes and terms and conditions.

This requirement is issue as 100% Total Small Business Set Aside. The size standard is: $16.5Million

The NAICS code f or the requirement is 238210, Electrical Contractors and Other w iring Installation Contractors.. The PSC is N061, Installation of Equipment - Electric Wire and Pow er Distribution Equipment.

THE MAGNITUDE OF THIS PROJECT IS BETWEEN: $100,000 AND $250,000..

Bid Bond for this requirement is required at 20% of the Contractor proposed offer.

Attach1: Statement of Work Attach2: Draw ings Attach3: Sample Safety Plan Attach4: EM38511 Attach5: Sample Breakdow n

FELIX R. MARRERO 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

15-Jul-2024

(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

X

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, 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 ______________14 Aug 2024 (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: 787-707-3985 TEL: FAX:

W912C324Q0004 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

W912C324Q0004

Section 00010 - Solicitation Contract Form

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Job Building 379 Generator Replacement

FFP

The contractor shall provide labor, equipment, materials, supervision, insurances and all necessary to perform Replacement and Installation of two (2) Generator at Building 379, Fort Buchanan, PR 00934, in accordance with all regulations, codes and terms and conditions.

CONTRACTOR SHALL SUBMIT, WITH PROPOSAL, A DETAILED COST

BREAKDOWN FOR CLIN 0001 TO SUPPORT THE TOTAL PRICE

PROPOSED FOR THE CONTRACT.

FOB: Destination

PURCHASE REQUEST NUMBER: 0012125891

PSC CD: N061

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 1 Job

PAYMENT AND PERFORMANCE BONDS

FFP

Contractor is responsible to provide required bonds in accordance with FAR 52.228-15, .Performance and Payment Bonds-Construction FOB: Destination

NET AMT

INSTRUCTION TO OFFERORS

REQUEST FOR QUOTE (RFQ) W912C324Q0003

GENERATOR REPLACEMENT AND INSTALLATION AT BUILDINGS 379

FORT BUCHAHAN PUERTO RICO

Please carefully read and complete the entire solicitation, to include the Statement of Work, all Technical Specifications and drawings. The following are highlighted for your attention:

1. An Award for this requirement will be made pursuant to FAR 13, Simplified

Acquisition Procedures. Please carefully read the entire solicitation to include the Statement of Work, Specifications and Drawings.

2. The proposal shall be emailed to Felix R. Marrero at felix.r.marrero2.civ@army.mil and Maria Otero at:

maria.d.otero4.civ@army.mil. The proposal 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 proposal is received by or before due date and time. Failure to receive the proposal package to include Amendments issued by the date and time indicated may be cause for further consideration for award. The proposal shall be submitted containing the following:

Signed SF 1442 Signed All Amendments issued Completed Price Schedule CLINS (Prices shall not exceed two decimal places).

Bid Guarantee - The Bid Bond amount shall be twenty percent (20%) of the proposed price. Offerors must use the Standard Form (SF) 24 Detailed price breakdown – separate document – This is required for evaluation

3. MAIL/HANDCARRIED SUBMISSION: PROPOSAL MAY BE E-MAILED OR HAND DELIVERED SEE

ABOVE FOREMAIL. IT IS THE OFFEROR’S RESPONSIBILITY THAT PROPOSAL SUBMITTED,

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

TIME AND DATE FOR RECEIPT OF OFFER. MAILED PROPOSAL SHOULD BE SENT TO THE

ADDRESS BELOW:

MISSION AND INSTALLATION CONTRACTING COMMAND

419th CONTRACTING SUPPORT BRIGADE

MICC-FORT BUCHANAN ATTN: AHEISHA CROOKS

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 PROPOSAL. ALL INDIVIDUALS

MUST HAVE A PICTURE ID AND NO SUBSTITUTIONS ARE AUTHORIZED. VEHICLES ARE ALSO

SUBJECT TO SEARCH.

4. This procurement is 100% Small Business Set-Aside. Applicable NAICS Code 238210, Electrical Contractors and Other Wiring Installation Contractors with a size standard of $19 Million.

5. The magnitude of this requirement is between $ 100,000 and $ 250,000

6 LIQUIDATED DAMAGES.

After contract award if the Contractor delay any process of submittal, any require documents, insurance, plans, training certificates, security forms and fails to complete the work within the time specified in the contract, the Contracting Officer may require the Contractor to pay liquidated damages to the Government in the amount of $184.88.

7. WORK PERFORMANCE: All work performed under this contract shall conform to the best practices of the trade or class of work involved and shall be executed in a careful and orderly manner by workmen skilled in their respective trades. All work shall be performed in strict accordance with the drawings and/or specifications or to current industry standards when not specified

8. SITE VISIT: All prospective offerors are highly encouraged to visit project site and familiarize with all conditions that might affect the work or cost thereof. On this visit, the contractor will be able to verify quantities, dimensions, details. If any discrepancy found: Notify in writing any omitted/incorrect data with the drawings or scope of work.

SITE VISIT DATE: July 24, 2024 LOCATION: Building 379, Fort Buchanan, PR

TIME: 0900 AM

PLEASE BE ON TIME. Arrive 30 minutes prior at Visitor Control Point Borinqueneers Gate (nearby Metropolitan Detention Center).

FOR ATTENDANCE: Contact (on or by 19 July 2024; 11:00 am) Mr. Felix Marrero at 787- 707-2494 or at: felix.r.marrero2.civ@army.mil:for coordination. You may bring up to 2 individuals to the site visit in the same car.

NOTE: Contractor is responsible to submit Full name and Full Social Security Number of individuals accessing the site visit at least 2 days prior of the event. A maximum of two individuals would be authorized per company. If authorized person already has 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. FAILURE TO OBTAIN ACCESS TO FORT BUCHANAN

SHALL LEAD TO BEEN UNABLE TO PARTICIPATE ON THE SITE VISIT.

THIS IS THE ONLY SITE VISIT SCHEDULE. THE GOVERNMENT IS NOT

EXPECTING TO EXECUTE ANOTHER ONE UNLESS IS EXTREMELY

NECESSARY. IN CASE A NEW SITE VISIT IS CONDUCTED, AN

AMENDMENT TO THE SOLICITATION WOULD BE ISSUE. KEEP TRACKING

CHANGES TO FEDERAL CONTRACTING OPPORTUNITIES

WEBSITE (WWW.SAM.GOV) FOR CHANGES.

9. PERIOD OF PERFORMANCE: 180 Calendar days after receipt of order.

10. PERIOD FOR ACCEPTANCE OF THE PROPOSAL. The contractor agrees to hold the prices in its proposal firm for 90 calendar days from the date specified for receipt of the proposal.

11. WRITTEN QUESTIONS: Written questions must be furnished to the Government no later than July 26, 2024; 10:00 am local time; 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 respond to questions via the issuance of an amendment which incorporates all questions and Government’s response.

1. UNIQUE ENTITY IDENTIFICATION (UEID)__________________________.

2. TAXPAYER ID # __________________________.

3. CAGE CODE____________________________.

12. SYSTEM for AWARD MANAGEMENT (SAM) REGISTRATION: An Active SAM Registration is required of all Department of Defense contractors. SAM registration enables electronic funds transfer of contract payments. If your company is not already actively registered, please register in the SAM database at www.sam.gov. If your company is currently registered and close to expiring, begin/complete the process for SAM registration renewal.

Ensure FAR 52.204-26 Certification and Representations is completed in “both” locations.

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

In the performance of this contract, the Contractor shall- 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 Submit this report no later than- October 31 of each year during contract performance;

and at the end of contract performance.

14. Contract Specialist: Mr. Felix Marrero

Tel: 787-707-2494 Email: felix.r.marrero2.civ@army.mil

If you have questions pertaining to this contract after contract award (i.e. questions regarding delivery, invoice procedures, etc.), please request assistance from the Contract Administrator. Be sure to include the contract number in your request for assistance. Requesting contract administration assistance from any other individual could result in a delayed response.

15. Contracting Officer: Maria Otero Tel: 787-707-3985 Email: maria.d.otero4.civ@army.mil

16. Contracting Officer’s Representative (COR): Mr. Alex Mojica Medina

17. The Government intends to evaluate the proposal and award a contract without discussions.

Therefore, the contractor’s initial offer should contain the contractor’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 proposal if such action is in the public interest and waive informalities and minor irregularities in the received proposal.

18. Post-Award Conference: In the event the Contracting Officer decides to conduct a Post- Award Conference in accordance with DFARS 242.5, the awardee will be notified and will be required to attend.

19. Post award Conference: In the event the Contracting Officer decides to conduct a Post award Conference in accordance with FAR 42.501, the awardee will be notified and will be required to attend. The Contracting Officer’s notification will include specific details regarding the date, time, and location of the conference, any need for attendance by subcontractors, and information regarding the items to be discussed.

20. Insurance: For required insurance see FAR Clause 52.228-5, Insurance - - Work on a Government Installation in this solicitation. 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 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

21. 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.

22. 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

23. 15. 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

24. POST 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.

AS-BUILT DRAWINGS

Record Drawings. As part of final documents, Contractor shall submit drawings showing location of structural, utilities, systems/components, and overall materials installed or relocated.

Stamped and signed.

25. 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.

26. 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.

27. 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.

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 N/A N/A N/A Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 180 dys. ANP W1H1 USAG FT BUCHANAN

W1H1 USAG FT BUCHANAN

DPW LOGISTICS DIVISION

BLDG 556 COLUMBUS ST

FORT BUCHANAN 00934-5040

210-466-0553

W81YDN

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

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 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-22 Alternative Line Item Proposal JAN 2017 52.209-9 Updates of Publicly Available Information Regarding

Responsibility Matters

OCT 2018

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications.

JUN 2020

52.236-28 Preparation of Proposals--Construction OCT 1997 52.252-3 Alterations in Solicitation APR 1984 252.215-7013 Supplies and Services Provided by Nontraditional Defense

Contractors

JAN 2023

CLAUSES INCORPORATED BY FULL TEXT

52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL

CONFIDENTIALITY AGREEMENTS OR STATEMENTS--REPRESENTATION (JAN 2017)

(a) Definition. As used in this provision-- Internal confidentiality agreement or statement, subcontract, and subcontractor, are defined in the clause at 52.203- 19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.

(b) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions), Government agencies are not permitted to use funds appropriated (or otherwise made available) for contracts with an entity that requires employees or subcontractors of such entity seeking to report waste, fraud, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(c) The prohibition in paragraph (b) of this provision does not contravene requirements applicable to Standard Form 312, (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(d) Representation. By submission of its offer, the Offeror represents that it will not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).

(End of provision)

52.216-1 TYPE OF CONTRACT (APR 1984)

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

52.222-23 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 Fort Buchanan, Puerto Rico

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.

52.233-2 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 and Installation Contracting Command 419th Contracting Support Brigade MICC-Fort Buchanan 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) Site visits:

All prospective offerors are highly encouraged to visit project site and familiarize with all conditions that might affect the work or cost thereof. On this visit, the contractor will be able to verify quantities, dimensions, details. If any discrepancy found: Notify in writing any omitted/incorrect data with the drawings or scope of work.

SITE VISIT DATE: July 24, 2024 LOCATION: Building 379, Fort Buchanan, PR

TIME: 0900 AM

See instructions to offerors for further information

252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT

REPORTING (MAY 2024)

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

Adequate security means protective measures that are commensurate with the consequences and probability of loss, misuse, or unauthorized access to, or modification of information.

Compromise means disclosure of information to unauthorized persons, or a violation of the security policy of a system, in which unauthorized intentional or unintentional disclosure, modification, destruction, or loss of an object, or the copying of information to unauthorized media may have occurred.

Contractor attributional/proprietary information means information that identifies the contractor(s), whether directly or indirectly, by the grouping of information that can be traced back to the contractor(s) (e.g., program description, facility locations), personally identifiable information, as well as trade secrets, commercial or financial information, or other commercially sensitive information that is not customarily shared outside of the company.

Controlled technical information means technical information with military or space application that is subject to controls on the access, use, reproduction, modification, performance, display, release, disclosure, or dissemination.

Controlled technical information would meet the criteria, if disseminated, for distribution statements B through F using the criteria set forth in DoD Instruction 5230.24, Distribution Statements on Technical Documents. The term does not include information that is lawfully publicly available without restrictions.

Covered contractor information system means an unclassified information system that is owned, or operated by or for, a contractor and that processes, stores, or transmits covered defense information.

Covered defense information means unclassified controlled technical information or other information, as described in the Controlled Unclassified Information (CUI) Registry at http://www.archives.gov/cui/registry/category-list.html, that requires safeguarding or dissemination controls pursuant to and consistent with law, regulations, and Governmentwide policies, and is--

(1) Marked or otherwise identified in the contract, task order, or delivery order and provided to the contractor by or on behalf of DoD in support of the performance of the contract; or

(2) Collected, developed, received, transmitted, used, or stored by or on behalf of the contractor in support of the performance of the contract.

Cyber incident means actions taken through the use of computer networks that result in a compromise or an actual or potentially adverse effect on an information system and/or the information residing therein.

Forensic analysis means the practice of gathering, retaining, and analyzing computer-related data for investigative purposes in a manner that maintains the integrity of the data.

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information.

Malicious software means computer software or firmware intended to perform an unauthorized process that will have adverse impact on the confidentiality, integrity, or availability of an information system. This definition includes a virus, worm, Trojan horse, or other code-based entity that infects a host, as well as spyware and some forms of adware.

Media means physical devices or writing surfaces including, but is not limited to, magnetic tapes, optical disks, magnetic disks, large-scale integration memory chips, and printouts onto which covered defense information is recorded, stored, or printed within a covered contractor information system.

Operationally critical support means supplies or services designated by the Government as critical for airlift, sealift, intermodal transportation services, or logistical support that is essential to the mobilization, deployment, or sustainment of the Armed Forces in a contingency operation.

Rapidly report means within 72 hours of discovery of any cyber incident.

Technical information means technical data or computer software, as those terms are defined in the clause at DFARS 252.227-7013, Rights in Technical Data--Other Than Commercial Products and Commercial Services, regardless of whether or not the clause is incorporated in this solicitation or contract. Examples of technical information include research and engineering data, engineering drawings, and associated lists, specifications, standards, process sheets, manuals, technical reports, technical orders, catalog-item identifications, data sets, studies and analyses and related information, and computer software executable code and source code.

(b) Adequate security. The Contractor shall provide adequate security on all covered contractor information systems.

To provide adequate security, the Contractor shall implement, at a minimum, the following information security protections:

(1) For covered contractor information systems that are part of an information technology (IT) service or system operated on behalf of the Government, the following security requirements apply:

(i) Cloud computing services shall be subject to the security requirements specified in the clause 252.239-7010, Cloud Computing Services, of this contract.

(ii) Any other such IT service or system (i.e., other than cloud computing) shall be subject to the security requirements specified elsewhere in this contract.

(2) For covered contractor information systems that are not part of an IT service or system operated on behalf of the Government and therefore are not subject to the security requirement specified at paragraph (b)(1) of this clause, the following security requirements apply:

(i) Except as provided in paragraph (b)(2)(ii) of this clause, the covered contractor information system shall be subject to the security requirements in National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171, “Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations” (available via the internet at https://csrc.nist.gov/publications/sp800) in effect at the time the solicitation is issued or as authorized by the Contracting Officer.

(ii)(A) The Contractor shall implement NIST SP 800-171, as soon as practical, but not later than December 31, 2017. For all contracts awarded prior to October 1, 2017, the Contractor shall notify the DoD Chief Information Officer (CIO), via email at osd.dibcsia@mail.mil, within 30 days of contract award, of any security requirements specified by NIST SP 800-171 not implemented at the time of contract award.

(B) The Contractor shall submit requests to vary from NIST SP 800-171 in writing to the Contracting Officer, for consideration by the DoD CIO. The Contractor need not implement any security requirement adjudicated by an authorized representative of the DoD CIO to be nonapplicable or to have an alternative, but equally effective, security measure that may be implemented in its place.

(C) If the DoD CIO has previously adjudicated the contractor's requests indicating that a requirement is not applicable or that an alternative security measure is equally effective, a copy of that approval shall be provided to the Contracting Officer when requesting its recognition under this contract.

(D) If the Contractor intends to use an external cloud service provider to store, process, or transmit any covered defense information in performance of this contract, the Contractor shall require and ensure that the cloud service provider meets security requirements equivalent to those established by the Government for the Federal Risk and Authorization Management Program (FedRAMP) Moderate baseline (https://www.fedramp.gov/documents-templates/) and that the cloud service provider complies with requirements in paragraphs (c) through (g) of this clause for cyber incident reporting, malicious software, media preservation and protection, access to additional information and equipment necessary for forensic analysis, and cyber incident damage assessment.

(3) Apply other information systems security measures when the Contractor reasonably determines that information systems security measures, in addition to those identified in paragraphs (b)(1) and (2) of this clause, may be required to provide adequate security in a dynamic environment or to accommodate special circumstances (e.g., medical devices) and any individual, isolated, or temporary deficiencies based on an assessed risk or vulnerability. These measures may be addressed in a system security plan.

(c) Cyber incident reporting requirement.

(1) When the Contractor discovers a cyber incident that affects a covered contractor information system or the covered defense information residing therein, or that affects the contractor's ability to perform the requirements of the contract that are designated as operationally critical support and identified in the contract, the Contractor shall--

(i) Conduct a review for evidence of compromise of covered defense information, including, but not limited to, identifying compromised computers, servers, specific data, and user accounts. This review shall also include analyzing covered contractor information system(s) that were part of the cyber incident, as well as other information systems on the Contractor's network(s), that may have been accessed as a result of the incident in order to identify compromised covered defense information, or that affect the Contractor's ability to provide operationally critical support; and

(ii) Rapidly report cyber incidents to DoD at https://dibnet.dod.mil.

(2) Cyber incident report. The cyber incident report shall be treated as information created by or for DoD and shall include, at a minimum, the required elements at https://dibnet.dod.mil.

(3) Medium assurance certificate requirement. In order to report cyber incidents in accordance with this clause, the Contractor or subcontractor shall have or acquire a DoD-approved medium assurance certificate to report cyber incidents. For information on obtaining a DoD-approved medium assurance certificate, see https://public.cyber.mil/eca/.

(d) Malicious software. When the Contractor or subcontractors discover and isolate malicious software in connection with a reported cyber incident, submit the malicious software to DoD Cyber Crime Center (DC3) in accordance with instructions provided by DC3 or the Contracting Officer. Do not send the malicious software to the Contracting Officer.

(e) Media preservation and protection. When a Contractor discovers a cyber incident has occurred, the Contractor shall preserve and protect images of all known affected information systems identified in paragraph (c)(1)(i) of this clause and all relevant monitoring/packet capture data for at least 90 days from the submission of the cyber incident report to allow DoD to request the media or decline interest.

(f) Access to additional information or equipment necessary for forensic analysis. Upon request by DoD, the Contractor shall provide DoD with access to additional information or equipment that is necessary to conduct a forensic analysis.

(g) Cyber incident damage assessment activities. If DoD elects to conduct a damage assessment, the Contracting Officer will request that the Contractor provide all of the damage assessment information gathered in accordance with paragraph (e) of this clause.

(h) DoD safeguarding and use of contractor attributional/proprietary information. The Government shall protect against the unauthorized use or release of information obtained from the contractor (or derived from information obtained from the contractor) under this clause that includes contractor attributional/proprietary information, including such information submitted in accordance with paragraph (c). To the maximum extent practicable, the Contractor shall identify and mark attributional/proprietary information. In making an authorized release of such information, the Government will implement appropriate procedures to minimize the contractor attributional/proprietary information that is included in such authorized release, seeking to include only that information that is necessary for the authorized purpose(s) for which the information is being released.

(i) Use and release of contractor attributional/proprietary information not created by or for DoD. Information that is obtained from the contractor (or derived from information obtained from the contractor) under this clause that is not created by or for DoD is authorized to be released outside of DoD--

(1) To entities with missions that may be affected by such information;

(2) To entities that may be called upon to assist in the diagnosis, detection, or mitigation of cyber incidents;

(3) To Government entities that conduct counterintelligence or law enforcement investigations;

(4) For national security purposes, including cyber situational awareness and defense purposes (including with Defense Industrial Base (DIB) participants in the program at 32 CFR part 236); or

(5) To a support services contractor (“recipient”) that is directly supporting Government activities under a contract that includes the clause at 252.204-7009, Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information.

(j) Use and release of contractor attributional/proprietary information created by or for DoD. Information that is obtained from the contractor (or derived from information obtained from the contractor) under this clause that is created by or for DoD (including the information submitted pursuant to paragraph (c) of this clause) is authorized to be used and released outside of DoD for purposes and activities authorized by paragraph (i) of this clause, and for any other lawful Government purpose or activity, subject to all applicable statutory, regulatory, and policy based restrictions on the Government's use and release of such information.

(k) The Contractor shall conduct activities under this clause in accordance with applicable laws and regulations on the interception, monitoring, access, use, and disclosure of electronic communications and data.

(l) Other safeguarding or reporting requirements. The safeguarding and cyber incident reporting required by this clause in no way abrogates the Contractor's responsibility for other safeguarding or cyber incident reporting pertaining to its unclassified information systems as required by other applicable clauses of this contract, or as a result of other applicable U.S. Government statutory or regulatory requirements.

(m) Subcontracts. The Contractor shall--

(1) Include this clause, including this paragraph (m), in subcontracts, or similar contractual instruments, for operationally critical support, or for which subcontract performance will involve covered defense information, including subcontracts for commercial products or commercial services, without alteration, except to identify the parties. The Contractor shall determine if the information required for subcontractor performance retains its identity as covered defense information and will require protection under this clause, and, if necessary, consult with the Contracting Officer; and

(2) Require subcontractors to--

(i) Notify the prime Contractor (or next higher-tier subcontractor) when submitting a request to vary from a NIST SP 800-171 security requirement to the Contracting Officer, in accordance with paragraph (b)(2)(ii)(B) of this clause; and

(ii) Provide the incident report number, automatically assigned by DoD, to the prime Contractor (or next higher-tier subcontractor) as soon as practicable, when reporting a cyber incident to DoD as required in paragraph (c) of this clause.

(End of clause)

Section 00600 - Representations & Certifications

52.209-7 Information Regarding Responsibility Matters OCT 2018 52.209-13 Violation of Arms Control Treaties or Agreements --

Certification

NOV 2021

52.219-1 Small Business Program Representations FEB 2024 52.227-4 Patent Indemnity-Construction Contracts DEC 2007 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

SEP 2022

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 2023

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements NOV 2023 252.204-7020 NIST SP 800-171 DoD Assessment Requirements NOV 2023

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAY 2024)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 238210.

(2) The small business size standard is $19,000,000.

(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, or 150 employees for information technology value-added resellers under NAICS code 541519, 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.