W912DS-14-B-0007_SOLICITATION.pdf

W16ROE40080817

Project: Invitation For Bid (IFB) Fiscal Year 2014 (FY 2014) Thule Consolidation 2, Thule Air Base, Greenland.

Description: The IFB Procurement is the construction of a new building to house the vehicle maintenance trucks, snow plow s, heavy equipment and administrative/support areas. It w ill also house the pavements and grounds equipment and supplies. The w ork includes the construction of a multi-story, steel framed building of approximately 4,958 gross square meters.

Note: This solicitation and aw ard is restricted in accordance w ith 10. U.S.C. 2304(c)(4) International Agreement to Danish and Greenlandic Firms ONLY. On 14 March 2014, a dual bid opening w ill be held simultaneously at the New York District and Copenhagen, Denmark at the follow ing time(s) and location(s): 9:00 a.m. Eastern Standard Time (EST) at 26 Federal Plaza, Room 1841, New York, NY 10278, U.S.A. and 1500 hours at the Military of Foreign Affairs, Asiatisk Plads #2, 1448, Room M5, Copenhagen K, Denmark. NAICS Code: 236220 w ith a size standard of $33,500,000.00. The Magnitude for this procurement is over $25,000,000.00. This project is subject to Availability of funds (FAR 52.232-18) Contract Specialist: Loretta Parris; Email loretta.e.parris@usace.army.mil.

X

LORETTA E PARRIS 917-790-8182

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

12-Feb-2014

(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 ________720 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________00 80 00.00 18

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.)

YES X NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________2 copies to perform the w ork required are due at the place specified in Item 8 by ___________ local time ______________14 Mar 2014 (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 is, X 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

US ARMY CORPS OF ENGINEERS, NEW YORK

26 FEDERAL PLAZA, RM 1843

NEW YORK NY 10278-0090

W912DS

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

09:00 AM (hour)

Sealed envelopes containing offers

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

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

212 -264-3013FAX:TEL: (917)790-8173 TEL: FAX:

W912DS-14-B-0007 98

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

W912DS-14-B-0007

Section 00010 - Solicitation Contract Form

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Base Bid Item Construction of FY 14

FFP

Consolidated 2 Facility, Thule Air Base: All work (includes all plant, labor, and material) for the FY14 Thule Consolidation 2 as described in the plans and specifications except for work included in the other Line items.

FOB: Destination

MILSTRIP: W16ROE40080817

PURCHASE REQUEST NUMBER: W16ROE40080817

NET AMT

0002 1 Job Base Bid Item Construction of FY 14

FFP

Consolidated 2 Facility, Thule Air Base: Site work, all work outside the five-foot line of the building perimeter.

FOB: Destination

0003 1 Job Base Bid Item Construction of FY 14

FFP

Consolidated 2 Facility, Thule Air Base: All work for the Final Record Drawing Submission (See paragraph 11 of Section 00800). THIS LINE ITEM IS PRE-

PRICED AT 300,000 DKK. THIS LINE ITEM IS A FIRM FIXED PRICE LINE

ITEM AND THE PRICE SHOWN MAY NOT BE CHANGED, SEE

PARAGRAPH 11(i) of Section 00 80 00.00 18

Construction of FY 14

FFP

Consolidated 2 Facility, Thule Air Base: Transportion: All Government Furnished Transportation From Norfolk, Virginia to Thule Air Base. This Line Item is for Informational Purposes Only. This Line Item is not Priced.

0004AA 1 Job Base Bid Iem Construction of FY 14

FFP

Consolidated 2 Facility, Thule Air Base: Transportation: all Government Furnished Transportation From Norfolk, Virginia to Thule Air Base.

0004AB 1 Job Base Bid Item Construction of FY 14

FFP

Consolidated 2 Facility, Thule Air Base: Transportation: All Government Furnished Transportation from Thule Air Base to Norfolk, Virginia. TONNAGE

(VOLUME)

0005 1 Job Base Bid Item Construction of FY 14

FFP

Consolidated 2 Facility, Thule Air Base Transportation: Furnished From Denmark to Thule Air Base.

0006 1 Job Base Bid Item Construction of FY 14

FFP

Construction of FY14 Consolidated 2 Facility, Thule Air Base: Defense Base Act (DBA) Insurance if required. Refer to Appendix U - DBA Waiver, Paragraph D, and Section 00 80 00.00 18 Paragraph 75 - DBA Insurance Rates, for applicability if not required bid 0.00 DKK

0007 1 Job OPTION Optional Bid Item No. 1

FFP

Construction of FY14 Consolidated 2 Facility, Thule Air Base: All work (includes all plant, labor, and material) for the FY14 Thule Consolidation 2 Snow Removal portion of the facility inclusive of site work as described in the plans and specifications. Inclusive of transportation from Norfolk, Virginia and/or Denmark to Thule AB and return to Norfolk, Virginia and/or Denmark.

If using Government provided Transportation, provide Tonnage:

Volume from Norfolk, Virginia to Thule Air Base

___________________(MT)

Volume from Thule Air Base to Norfolk, Virginia

___________________(MT

0008 1 Job OPTION Optional Bid Item No. 2

FFP

Construction of FY14 Consolidated 2 Facility, Thule Air Base: All work (includes all plant, labor, and material) for the connection of Thermistor Strings to the Building Automation System (BAS) as described in the plans and specifications.

0009 1 Job OPTION Optional id Item No. 3

FFP

Construction of FY14 Consolidated 2 Facility, Thule Air Base: All work (includes all plant, labor, and material) for providing and installing BACnet Networked Thermostat for Hot Water Unit Heaters and Panel Radiators for remote monitoring and control by the BAS as described in the plans and specifications.

0010 1 Job OPTION Optional Bid Item No. 4

FFP

Construction of FY14 Consolidated 2 Facility, Thule Air Base: All work (includes all plant, labor, and material) for the demolition of Building 1090 as described in the plans and specifications.

0011 1 Job OPTION Optional Bid Item No. 5

FFP

Construction of FY14 Consolidated 2 Facility, Thule Air Base: All work (includes all plant, labor, and material) for the demolition of Building 563 as described in the plans and specifications.

0012 1 Job OPTION Optional Bid Item No. 6

FFP

Construction of FY14 Consolidated 2 Facility, Thule Air Base: All work (includes all plant, labor, and material) for the demolition of Building 836 as described in the

0013 1 Job OPTION Optional Bid Item No. 7

FFP

Construction of FY14 Consolidated 2 Facility, Thule Air Base: All work (includes all plant, labor, and material) for the demolition of Building 580 as described in the

0014 1 Job OPTION Optional Bid Item 8

FFP

Construction of FY14 Consolidated 2 Facility, Thule Air Base: All work (includes all plant, labor, and material) for the demolition of Building 630 as described in the

TOTAL BID/NOTES CCASS/CPARS

TOTAL BID

TOTAL BASE BID PRICE FOR LINE ITEMS: 0001 – 0006 DKK_______________

TOTAL OPTIONAL ITEMS BID PRICE FOR LINE ITEM: 0006 – 0014 DKK_______________

TOTAL BASE BID PLUS OPTIONAL BID LINE ITEMS: 0001 – 0014 DKK________________

NOTES:

1. All goods must be wrapped accordingly. It should be protected to withstand handling as well as storage and transportation by sea. Due to packing in containers, in warehouse and on ship every package must be able to withstand a pressure from above of at least it's own weight. If you have any questions please contact Royal Arctic Line Helle Christensen by phone: 99 30 32 26 or by e-mail: hch@ral.dk.

2. “Transportation from Denmark” means that the U.S. Embassy will provide a ship from Denmark to Thule AB,GL; however, it is not free. The Contractor shall reimburse the U.S. Embassy in Denmark the actual carrier cost for the transportation. This is not considered Government Furnished Transportation.

3. Bids must be in Danish Kroners.

4. Construction Award will not include Government Furnished Transportation.

5. Contractors not utilizing Government Furnished Transportation shall include shipping costs in their Base Bid Items, as applicable. In such cases, the applicable transportation price schedule should be marked “NOT APPLICABLE” or “0.”.

6. All pallets and containers used for the transportation of contractor’s cargo from Denmark shall be the contractor’s responsibility and the contractor’s expense.

7. The Contractor shall be billed for all quantities over the amount stated in the bid items for Government Furnished Transportation or shall ship at his own expense through private carrier all items over the amounts stated in the bid items.

8. The Basis of evaluation will be the lowest responsive/responsible bidder calculated based on ABSOLUTE VALUES of each CLIN: Base Bid (sum of CLIN 0001 thru 0006) plus Option No 1 thru Option No 8 (CLIN 0007 thru CLIN 0014).

9. Bidders are required to bid on the Base Bid and all Optional Bid Items or their bids will be rejected.

10. Bidders are reminded that they must bid on the issued plans and specifications as amended. Any deviations, conditions or attachments made by the bidder himself thereto may render the bid non-responsive and be cause for its rejection.

11. Option #1 thru #8: At any time prior to 90 calendar days after award of the contract, the Government at its option, may execute these Options. Execution of these options will not alter the project completion date of the contract.

12. Line Item Number 0003 is pre-priced at 300,000DKK, it’s a firm fixed line item, and the price shown may not be changed, see paragraph 11(i) of Section 00800.

13. Bid Acceptance Period: Bidders Bids are to be valid for 90 calendar days for bid acceptance from the Bid Opening.

14. NOTE: The items mentioned in the CID package under paragraphs 2.2 and 2.3 are NOT IN CONTRACT:

i.e. refrigerators, microwaves, dishwashers, washers, dryers, furniture (tables, chairs, office shelving, desks, computers and computer equipment, non-built in work surfaces, trash bins).

15. See Bank Letter of Assurance and Bank Letter Guarantee Clauses 52.000-4059 and 52.000-4062 Provisions in Solicitation.

CCASS/CPARS

The Federal Acquisition Regulation (FAR) requires that Past Performance (PPI) be collected on DoD contracts.

The Construction Contractor appraisal Support System (CCASS) module is a web-enabled application that supports the completion, distribution, and retrieval of Construction contract performance evaluation (DD FORM 2626).

Contractor Representatives are responsible for reviewing and comenting on evaluations submitted on Contractor Performance. https://www.cpars.csd.disa.mil/ccassmain.htm

GENERAL INSTRUCTIONS:

Electronic Submission: In addition to the hard copies required in paragraph 3.5, all bidders shall submit their bid on a CD-ROM. Written portions of the bid shall be in MS Word or Adobe Acrobat PDF format. The electronic version shall be either a single file tabbed in the same order as the hard copy or multiple files hyperlinked to a single table of contents. Any portion of the bid not available in electronic format, i.e. cut sheets, if applicable, should be scanned in Adobe Acrobat PDF format, thus making it available electronically. The CDROM must be clearly labeled by solicitation number, project name, installation and bidder’s name. The CD-ROM shall be marked with label stating “Unclassified/Controlled Unclassified Info,” In the event of any conflict between the electronic submission and the hard copy submission, the hard copy submission will govern and will be the material upon which the Government bases its evaluation and ultimely, its decision. Electronic media may be submitted in an un-editable format.

NOTE: Bidders are requested to submit the CD-ROM with their bid but no later than 24 hours after the time and date for receipt of bids. Failure to submit the CD-ROM may impact the timeliness of the award.

SAMPLE

BANK LETTER OF GUARANTEE

(BANK LETTERHEAD)

US Army Corps of Engineers, New York District Contracting Division, Room 1843 26 Federal Plaza, New York, NY 10278 U.S.A.

LETTER OF GUARANTEE NUMBER____________________________

DATE:__________________

I/We, the undersigned, acting as the duly authorized representative of the Bank, declare that the Bank hereby guarantees and is jointly and severally liable as the guarantor with the Contractor named below, to effect payment to the Contracting Office by Check made payable to the Treasury of the United States, within (5) calendar days after receipt of a simple request, by registered mail, from the Contracting Officer designated in the contract described below, or his successor, immediately and entirely without any need for the Contracting Officer to protest to protest or take any legal action or obtain the prior consent of the Contractor, or for any other proof, action or decision by any other authority, up to the sum of $____________________ which represents the deposit required of the Contractor to guarantee fulfillment of its obligation for the satisfactory completion and timely performance of the work under Contract Number_____________________________ for construction of and location of work (Fill In) __________________________________________________________________________________ in strict compliance with the terms and conditions of said contract , entered in between the United States and the Contractor, plus legal interest to be calculated from the date of receipt of the Contracting Officer’s registered letter request until the date of payment. Registered letter request shall inform the Bank that the Contractor failed to comply with the terms and conditions of the contract, or did not fulfill his undertaking in whole or in part.

I/We agree and consent that said contract may be modified by change order or supplemental agreement, affecting the contract amount and/or time of performance without prior consent of the bank and without affecting the validity of this guarantee; provided, however, that the amount of this guarantee shall be adjusted as required under the provisions of contract clause 52.228-2 Additional Bond Security (Oct 1997)

This letter of guarantee will continue in effect without change in amount or terms until work has been finally accepted by the Government, and will continue thereafter in an amount equal to fifteen (15%) percent or the original contract price and any modification thereto, until all applicable guarantees, or extensions thereof under the contract have expired.

NAME & ADDRESS OF THE BANK

Signed By:___________________________ Type Name underneath Signature)

Title: ___________________________________ Endorsement By: __________________________ (Type Name underneath Signature)

Title: ____________________________________

NOTE: Certificate of Authority is attached evidencing signatures of individuals with authority to bind the bank pertaining to this Bank Letter of Guarantee.

BANK LETTER OF ASSURANCE

DATE

Corps of Engineers, New York District ATTN: Chief, Contracting Division, Room 1843, 26 Federal Plaza New York, NY 10278, U.S.A.

SUBJECT: Letter of Assurance for FY 14 Thule Consolidations 2, Thule Air Base, Greenland.

I/We, the undersigned, acting as the duly authorized representatives of ______________________________________ (Firm Name), should the contract pursued under subject solicitation be awarded to them.

The Bank Letter of Assurance is issued for $500,000 of the value of the bid as presented by this Firm________________________________________________________________________________

The Bank Letter of Guaranty will be provided to you within 7 days after contract award, will be for 15% of the value of the contract and will contain all conditions listed in the sample provided by this solicitation.

In addition, I/We, the undersigned, acting as the duly authorized representatives of ______________________________ (Bank Name), assure that__________________________________________ (Firm Name), can at any time obtain a Bank Letter of Guaranty, in accordance with FAR Clause 52.228-2 Additional Bond Security.

Sincerely

(Authorized Representative of the Bank)

Section 00100 - Bidding Schedule/Instructions to Bidders

CLAUSES INCORPORATED BY REFERENCE

52.214-3 Amendments To Invitations For Bids DEC 1989 52.214-4 False Statements In Bids APR 1984 52.214-5 Submission Of Bids MAR 1997 52.214-6 Explanation To Prospective Bidders APR 1984 52.214-7 Late Submissions, Modifications, and Withdrawals of Bids NOV 1999 52.214-18 Preparation of Bids-Construction APR 1984 52.214-19 Contract Award-Sealed Bidding-Construction AUG 1996 52.217-4 Evaluation Of Options Exercised At The Time Of Contract

Award

JUN 1988

52.217-5 Evaluation Of Options JUL 1990

CLAUSES INCORPORATED BY FULL TEXT

52.214-15 PERIOD FOR ACCEPTANCE OF BIDS (APR 1984)

In compliance with the solicitation, the bidder agrees, if this bid is accepted within 90 from the date specified in the solicitation for receipt of bids, to furnish any or all items upon which prices are bid at the price set opposite each item, delivered at the designated point(s), within the time specified in the Schedule.

(End of clause)

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

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

http://farsite.hill.af.mil http://www.arnet.gov http://www.dtic.mil.dfars

(End of provision

Section 00600 - Representations & Certifications

52.225-25 Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran-- Representation and Certifications.

DEC 2012

252.203-7005 Representation Relating to Compensation of Former DoD Officials

NOV 2011

52.204-7 SYSTEM FOR AWARD MANAGEMENT (JULY 2013)

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

Data Universal Numbering System (DUNS) number means the 9-digit number assigned by Dun and Bradstreet, Inc.

(D&B) to identify unique business entities.

Data Universal Numbering System +4 (DUNS+4) number means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.)

This 4-character suffix may be assigned at the discretion of the business concern to establish additional System for Award Management records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same parent concern.

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

(1) The offeror has entered all mandatory information, including the DUNS number or the DUNS+4 number, the Contractor and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see Subpart 4.14) into the SAM database;

(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of Contact sections of the registration in the SAM database;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record ``Active''.

(b)(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS +4” followed by the DUNS or DUNS +4 number that identifies the offeror's name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the SAM database.

(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number--

(i) Via the Internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office.

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

(i) Company legal business.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company Physical Street Address, City, State, and Zip Code.

(iv) Company Mailing Address, City, State and Zip Code (if separate from physical).

(v) Company Telephone Number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(d) If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) Offerors may obtain information on registration at https://www.acquisition.gov.

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2014)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is NAICS Code 236220.

(2) The small business size standard is $33,500,000.00.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the provision at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

( ) Paragraph (d) applies.

( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)(1) The following representations or certifications in ORCA are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless--

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

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

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

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

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, Central Contractor Registration.

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

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

(B) Exceed the simplified acquisition threshold; and

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

(v) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations--Representation. This provision applies to solicitations using funds appropriated in fiscal years 2008, 2009, 2010, or 2012.

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

(vii) 52.223-5, Pollution Prevention and Right-to-Know Information (May 2011) (E.O. 13423) (Applies to services performed on Federal facilities).

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

(ix) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(x) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

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

(xii) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xiii) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xiv) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

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

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

(xvii) 52.225-4, Buy American Act--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $79,507, the provision with its Alternate II applies.

(D) If the acquisition value is $79,507 or more but is less than $100,000, the provision with its Alternate III applies.

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

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

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

(xxi) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to--

(A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions; and

(B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns.

(2) The following certifications are applicable as indicated by the Contracting Officer:

(Contracting Officer check as appropriate.)

(i) 52.219-22, Small Disadvantaged Business Status.

(A) Basic.

(B) Alternate I.

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

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

(iv) 52.222-52, Exemption from Application of the Service Contract Act to Contracts for Certain Services–Certification.

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

(vi) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

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

(d) The offeror has completed the annual representations and certifications electronically via the Online Representations and Certifications Application (ORCA) website accessed through https://www.acquisition.gov.

After reviewing the ORCA database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

(End of provision)

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JULY 2013)

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

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means--

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in--

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7).

52.214-16 MINIMUM BID ACCEPTANCE PERIOD (APR 1984)

(a) "Acceptance period," as used in this provision, means the number of calendar days available to the Government for awarding a contract from the date specified in this solicitation for receipt of bids.

(b) This provision supersedes any language pertaining to the acceptance period that may appear elsewhere in this solicitation.

(c) The Government requires a minimum acceptance period of 90 Calendar days.

(d) In the space provided immediately below, bidders may specify a longer acceptance period than the Government's minimum requirement.

The bidder allows the following acceptance period: _______ calendar days.

(e) A bid allowing less than the Government's minimum acceptance period will be rejected.

(f) The bidder agrees to execute all that it has undertaken to do, in compliance with its bid, if that bid is accepted in writing within (1) the acceptance period stated in paragraph (c) above or (2) any longer acceptance period stated in paragraph (d) above.

52.225-20 PROHIBITION ON CONDUCTING RESTRICTED BUSINESS OPERATIONS IN SUDAN--

CERTIFICATION (AUG 2009)

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

Business operations means engaging in commerce in any form, including by acquiring, developing, maintaining, owning, selling, possessing, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, or any other apparatus of business or commerce.

Marginalized populations of Sudan means--

(1) Adversely affected groups in regions authorized to receive assistance under section 8(c) of the Darfur Peace and Accountability Act (Pub. L. 109-344) (50 U.S.C. 1701 note); and

(2) Marginalized areas in Northern Sudan described in section 4(9) of such Act.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate--

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

(b) Certification. By submission of its offer, the offeror certifies that the offeror does not conduct any restricted business operations in Sudan.

252.204-7007 ALTERNATE A, ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAY 2013)

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

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

(i) 252.209-7001, Disclosure of Ownership or Control by the Government of a Terrorist Country. Applies to all solicitations expected to result in contracts of $150,000 or more.

(ii) 252.209-7003, Reserve Officer Training Corps and Military Recruiting on Campus--Representation. Applies to all solicitations with institutions of higher education.

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

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

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

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

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

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

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

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

X Use with Alternate I.

____ (iv) 252.225-7022, Trade Agreements Certificate--Inclusion of Iraqi End Products.

X (v) 252.225-7031, Secondary Arab Boycott of Israel.

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

____ Use with Alternate I.

X Use with Alternate II.

____ Use with Alternate III.

____ Use with Alternate IV.

____ Use with Alternate V.

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

(e) The offeror has completed the annual representations and certifications electronically via the SAM Web site at https://www.acquisition.gov/. After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in FAR 52.204-8(c) and paragraph (d) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer, and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below ____ [offeror to insert changes, identifying change by provision number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR/DFARS 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 located in the SAM database.

252.209-7001 DISCLOSURE OF OWNERSHIP OR CONTROL BY THE GOVERNMENT OF A TERRORIST

COUNTRY (JAN 2009)

(a) "Definitions."

As used in this provision --

(a) "Government of a terrorist country" includes the state and the government of a terrorist country, as well as any political subdivision, agency, or instrumentality thereof.

(2) "Terrorist country" means a country determined by the Secretary of State, under section 6(j)(1)(A) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)(i)(A)), to be a country the government of which has repeatedly provided support for such acts of international terrorism. As of the date of this provision, terrorist countries subject to this provision include: Cuba, Iran, Sudan, and Syria.

(3) "Significant interest" means --

(i) Ownership of or beneficial interest in 5 percent or more of the firm's or subsidiary's securities. Beneficial interest includes holding 5 percent or more of any class of the firm's securities in "nominee shares," "street names," or some other method of holding securities that does not disclose the beneficial owner;

(ii) Holding a management position in the firm, such as a director or officer;

(iii) Ability to control or influence the election, appointment, or tenure of directors or officers in the firm;

(iv) Ownership of 10 percent or more of the assets of a firm such as equipment, buildings, real estate, or other tangible assets of the firm; or

(v) Holding 50 percent or more of the indebtness of a firm.

(b) "Prohibition on award."

In accordance with 10 U.S.C. 2327, no contract may be awarded to a firm or a subsidiary of a firm if the government of a terrorist country has a significant interest in the firm or subsidiary or, in the case of a subsidiary, the firm that owns the subsidiary, unless a waiver is granted by the Secretary of Defense.

(c) "Disclosure."

If the government of a terrorist country has a significant interest in the Offeror or a subsidiary of the Offeror, the Offeror shall disclosure such interest in an attachment to its offer. If the Offeror is a subsidiary, it shall also disclose any significant interest the government of a terrorist country has in any firm that owns or controls the subsidiary.

The disclosure shall include --

(1) Identification of each government holding a significant interest; and

(2) A description of the significant interest held by each government.

Section 00700 - Contract Clauses

CLAUSES

52.000‐4059 Letter of Assurance Bidders are required to furnish with their offer an assurance that they can secure a performance guaranty as required by the clause entitled “Bank of Guaranty” if awarded a contract and pursuant of this proposal. The Letter of Assurance will be countersigned by the Bank Official(s) from which the bidder intends to obtain the Bank Bid. The Letter of Assurance shall be an original in English. The bidder acknowledges that failure to furnish the original Letter of Assurance with the offer may result in rejection of the bid as “nonconforming.”

End of Clause

Clauses Incorporated by full Text 52.000‐4062 Bank Letter of Guaranty (NOV 2007) Within seven calendar days after the date of contract award, the Contractor shall furnish the Contracting Officer a Bank Letter of Guaranty for the performance of the work in the amount of 10% of the anticipated maximum contract value, or lesser amount, at the discretion of the Contracting Officer, conforming to the format of the sample letter. Failure to furnish the Bank Letter of Guaranty may be deemed a breach of contract. The Bank Letter of Guaranty will be dated as of the contract award date or as soon thereafter as possible. The Bank Letter of Guaranty shall state that it will continue in effect without change in amount or terms until the work has been finally inspected and accepted by the Government, and that thereafter it will continue in effect until expiration of any applicable warranty periods or extensions thereof in an amount equal to fifteen percent (15%) of the contract price. The Bank Letter of Guaranty shall also state that the bank agrees and consents that the contract may be modified by change order or supplemental agreement without affecting the validity of the Bank Letter of Guaranty. The Contracting Officer may require the Contractor to furnish the Contracting Officer an increase in the amount of the Bank Letter of Guaranty because of increases to the contract value. The authorization to issue “Notice to Proceed” will not be effective until after approval and acceptance by the Guaranty. The Bank Letter of Guaranty shall be interpreted in accordance with U.S. law and is subject to the choice of Law and Immunity for Legal Process clauses in the solicitation.

(End of Clauses)

52.249-5000 Basis for Settlement of Proposals Actual costs will be used to determine equipment costs for a settlement proposal submitted on the total cost basis under FAR 49.206-2(b). In evaluating a terminations settlement proposal using the total cost basis, the following principles will be applied to determine allowable equipment costs:

(1) Actual costs for each piece of equipment, or groups of similar serial or series equipment, need not be available in the contractor's accounting records to determine total actual equipment costs.

(2) If equipment costs have been allocated to a contract using predetermined rates, those charges will be adjusted to actual costs.

(3) Recorded job costs adjusted for unallowable…