W912DS24B0006.pdf
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- Solicitation number
- W912DS24B0006
About this file
This document is a competitive 8(a) Invitation for Bid (IFB) for the construction of Bulkhead Recesses and Trash Rack Replacement at the Troy Lock and Dam in Troy, NY. The estimated project magnitude is between $5-10 million. The solicitation requires bids to be submitted no later than 2:00 PM EST on May 22, 2024. The contract duration is 685 calendar days. The required work includes mobilization, temporary construction facilities, surveying, diving, cofferdam work, electrical work, stoplog recess concrete removal and placement, recess work, protection plate fabrication, lifting beam guide block installation, stoplog work, trash rack work, and site restoration. The solicitation is set aside for 8(a) small businesses, with the NAICS code 237990 and a $45 million size standard. The contracting agency is the U.S. Army Corps of Engineers, New York District.
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a. Project Title: Troy Lock and Dam Concrete Recesses and Trash Rack, Troy, NY
b. Competitive 8(a) Invitation for Bid (IFB)
c. NAICS Code: 237990 Size Standard: $45,000,000.00
d. Project Magnitude Range: Betw een $5,000,000 and $10,000,000
e. Submit bids no later than 2:00PM EST on the date stated in BLOCK 13, or as amended to:
U.S. Army Corps of Engineers New York District, Contracting Division 26 Federal Plaza, Room 16-300 New York, NY 10278-0090
Due to heightened security at U.S. Government installations, all Bidders are instructed to allow ample time to get through the security checkpoint in order to have their bids delivered.
f. Contract Specialist: Mr. Adrian Stafford-Brow ne, Email: adrian.j.stafford-brow ne@usace.army.mil
X
ADRIAN STAFFORD-BROWNE 917-790-8087
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
22-Apr-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
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 _______15 calendar days and complete it w ithin ________685 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________FAR 52.211-10
12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?
(If "YES," indicate within how many calendar days after award in Item 12B.)
X YES NO
13. ADDITIONAL SOLICITATION REQUIREMENTS:
A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________22 May 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 of fers 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 _______180 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 16-300
NEW YORK NY 10278-0090
W912DS
PAGE OF PAGES
1 OF
CODE
(Title, identifying no., date):
12B. CALENDAR DAYS
02:00 PM (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: 917-790-8026 TEL: FAX:
W912DS24B0006 93
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
W912DS24B0006
Section 00 10 00 - Solicitation
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 1 Job Mobilization and Demobilization
FFP
Mobiilization and demobilization will consist of all work as per the SOW and Section 01 20 00 of the specifications document.
FOB: Destination
PSC CD: Z2KA
NET AMT
Temporary Construction Facilities
FFP
Information Only Clause. Do not list price. List prices on following SubClins
0002AA-0002AB.
0002AA 6 Months Temporary Construction Facilities
FFP
First 6 Months of a specified location on the secured Albany Field Office property for a construction trailer, to store equipment, and a specific number of employee parking spaces.
0002AB 2 Months Temporary Construction Facilities
FFP
Over 6 Months of a specified location on the secured Albany Field Office property for a construction trailer, to store equipment, and a specific number of employee parking spaces.(ESTIMATE)
0003 1 Job Surveying
FFP
A minimum of two surveys are required to be completed under the direction of a certified Land Surveyor who is licensed/registered as per Section 02 21 00 of the specifications document.
0004 1 Job Diving
FFP
All diving performed will be in strict accordance with rules and regulations in accordance with 29 CFR 1910 Subpart T and EM 385-1-1, Section 30, Diving Operations. A diving plan outlined in specification section 01 35 26 will need to be submitted.
0005 1 Job Cofferdam Work
FFP
The Contractor will be responsible for lock chamber debris removal, installing and removing cofferdams, sealing, dewatering, and maintaining in dewatered state as per 01 14 00 of the specifications document.
0006 1 Job Electrical Work
FFP
The contractor is responsible for providing their own power, as well as temporary power to the Programmable Logic Controller (PLC) located in the lock house while electric services are disconnected for safety during the stoplog dam concrete recesses portion of the work. Qualifications of Technician certification and temporary power plan will be required as outlined in specification section 33 71 02.
Stoplog Recess Concrete Removal
FFP
0007AA-0007AB.
0007AA 50 Cubic
Yard
Stoplog Recess Concrete Removal
FFP
Removal of all concrete is to be submitted in a removal plan outlined in specification section 03 01 10 - First 50 Cubic Yards (Estimated Quantities)
0007AB 15 Cubic
Stoplog Recess Concrete Removal
Removal of all concrete is to be submitted in a removal plan outlined in specification section 03 01 10 - Over 50 Cubic Yards (Estimated Quantities)
Stoplog Recess Concrete Placement
FFP
0008AA-0008AB.
0008AA 70 Cubic
Stoplog Recess Concrete Placement
First 70 Cubic Yards (Estimated Quantities)
0008AB 15 Cubic
Stoplog Recess Concrete Placement
Over 70 Cubic Yards (Estimated Quantities)
0009 1 Job Recess Work
FFP
All the work associated with the lining of each of the concrete recesses with the recess frames. This includes, but is not limited to metal work fabrication, fastening, welding, and painting.
0010 1 Job Protection Plate Fabrication
FFP
Included is all work associated with the lining of each of the concrete recesses with the recess frames. This includes, but is not limited to metal work fabrication, fastening, welding, and painting.
0011 1 Job Lifting Beam Guide Block Installation
FFP
Included is all work associated with the lifter beam. This includes, but is not limited to metal work fabrication, fastening, welding, painting and use of crane for installation.
0012 1 Job Stoplog Work
FFP
Install the furnished stoplogs with appropriately sized crane and the lock will be dewatered to test the performance of the work as per the SOW and spceifications.
0013 1 Job Trash Rack Work
FFP
Work for upstream trash racks and support beams includes, but not limited to, concrete removal including embedded metals, concrete placement, fabricating trash rack grating, painting, installing support beams, and installing trash rack as per the SOW and specifications.
0014 1 Job Handrailing Replacement
FFP
Existing handrail sections that must be removed from the lock wall to do the stoplog concrete recesses work must be replace in kind. This includes handrailing, fabricating, packaging, delivering, and incidentals, including painting as per the SOW and specifications.
0015 1 Job Site Restoration
FFP
Work to include restoring the site and staging areas to original or better condition.
This includes, but is not limited to, seeding and debris removal as per the SOW and specifications.
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 685 dys. ANP 1 OPS-ALBANY FIELD OFFICE
KRISTIN IRWIN
1 BOND STREET
TROY NY 12180-1208
(518)273-0870
W912DS
0002 N/A N/A N/A N/A
0002AA 685 dys. ANP 6 OPS-ALBANY FIELD OFFICE
KRISTIN IRWIN
1 BOND STREET
TROY NY 12180-1208
(518)273-0870
0002AB 685 dys. ANP 2 (SAME AS PREVIOUS LOCATION)
0003 685 dys. ANP 1 (SAME AS PREVIOUS LOCATION)
0004 685 dys. ANP 1 (SAME AS PREVIOUS LOCATION)
0005 685 dys. ANP 1 (SAME AS PREVIOUS LOCATION)
0006 685 dys. ANP 1 (SAME AS PREVIOUS LOCATION)
0007 N/A N/A N/A N/A
0007AA 685 dys. ANP 50 OPS-ALBANY FIELD OFFICE
KRISTIN IRWIN
1 BOND STREET
TROY NY 12180-1208
(518)273-0870
0007AB 685 dys. ANP 15 (SAME AS PREVIOUS LOCATION)
0008 N/A N/A N/A N/A
0008AA 685 dys. ANP 70 OPS-ALBANY FIELD OFFICE
KRISTIN IRWIN
1 BOND STREET
TROY NY 12180-1208
(518)273-0870
0008AB 685 dys. ANP 15 (SAME AS PREVIOUS LOCATION)
0009 685 dys. ANP 1 (SAME AS PREVIOUS LOCATION)
0010 685 dys. ANP 1 (SAME AS PREVIOUS LOCATION)
0011 685 dys. ANP 1 (SAME AS PREVIOUS LOCATION)
0012 685 dys. ANP 1 (SAME AS PREVIOUS LOCATION)
0013 685 dys. ANP 1 (SAME AS PREVIOUS LOCATION)
0014 685 dys. ANP 1 (SAME AS PREVIOUS LOCATION)
0015 685 dys. ANP 1 (SAME AS PREVIOUS LOCATION)
TOTALS/NOTES
TOTAL CLINs (0001 - 00015) $_____________________
NOTES:
1) Total bid shall include all costs associated with each item number including all bonding, overhead and profits.
2) Bidders must submit a price for every CLIN. Failure to do so may result in the offer being considered unresponsive.
3) The Basis of Evaluation will be the lowest responsive, responsible Bidder based on the Total Amount for the
CLINS 0001 – 0015.
4) Contract Duration is 685 days.
5) Bid Acceptance Period: Bids are to be valid for 180 calendar days after the date bids are due.
Section 00 21 00 - Instructions
CLAUSES INCORPORATED BY REFERENCE
52.204-7 System for Award Management OCT 2018 52.204-22 Alternative Line Item Proposal JAN 2017 52.214-3 Amendments To Invitations For Bids DEC 2016 52.214-4 False Statements In Bids APR 1984 52.214-5 Submission Of Bids DEC 2016 52.214-6 Explanation To Prospective Bidders APR 1984 52.214-7 Late Submissions, Modifications, and Withdrawals of Bids NOV 1999 52.222-5 Construction Wage Rate Requirements--Secondary Site of the
Work
MAY 2014
52.222-46 Evaluation Of Compensation For Professional Employees FEB 1993 52.222-56 Certification Regarding Trafficking in Persons Compliance
Plan.
OCT 2020
52.225-10 Notice of Buy American Requirement--Construction Materials
MAY 2014
52.225-12 Notice of Buy American Requirement - Construction Materials Under Trade Agreements
MAY 2014
52.228-1 Bid Guarantee SEP 1996 52.232-13 Notice Of Progress Payments APR 1984 52.232-14 Notice Of Availability Of Progress Payments Exclusively For
Small Business Concerns
APR 1984
252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements NOV 2023 252.215-7008 Only One Offer DEC 2022 252.215-7013 Supplies and Services Provided by Nontraditional Defense
Contractors
JAN 2023
252.234-7003 Notice of Cost and Software Data Reporting System--Basic NOV 2014
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 180 calendar days 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)
52.216-1 TYPE OF CONTRACT (APR 1984)
The Government contemplates award of a Firm-Fixed Price contract resulting from this solicitation.
(End of provision)
52.233-2 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
District Contracting Chief New York District Directorate of Contracting U.S. Army Corps of Engineers 26 Federal Plaza Room 16-300 New York, NY 10278-0090
Francis.Cashman@usace.army.mil
(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 may be arranged during normal duty hours by contacting:
Name: Kristin Irwin Address: Albany Field Office (AFO) Reservation, 1 Bond Street, Troy, NY
Telephone: 518-273-0870 Email: Kristin.L.Irwin@usace.army.mil
(c) Special Instructions:
Arrangements for entrance onto AFO must be made at least 48 hours in advance. The AFO is operational between the hours of 7:00 a.m. and 3:00 p.m., Monday through Friday. Access is restricted, escorts shall be provided by Albany Field Office personnel. All visitors must sign in at the administration building.
52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)
This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):
https://www.acquisition.gov.far
52.252-3 ALTERATIONS IN SOLICITATION (APR 1984)
Portions of this solicitation are altered as follows:
52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)
(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision.
(b) The use in this solicitation of any Defense Federal Acquisition Regulation Supplement (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
Section 00 21 13 - Instructions to Bidders
BID SUBMISSIONS
GENERAL INSTRUCTIONS:
Contractors are required to deliver bids to 26 Federal Plaza room 16-300. The designated recipients of bids are Adrian Stafford-Browne (917)790-8087 and Matthew Lubiak (917)-790-8089 . Bids are due no later than 22 May 2024 at 2:00 P.M. Bid opening will happen on22 May 2024 at 2:00 P.M. EST.
Electronic Submission: In addition to the hard copies required in block 13 of the Standard Form 1442, all offerors are encouraged to submit their bids on a CD-ROM. Written portions of the bid is recommended to be in MS Word or Adobe Acrobat PDF format. The electronic version can be either a single file tabbed in the same order as the hardcopy 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 CD-ROM should be clearly labeled by solicitation number, project name, installation, and offeror’s name. The CD-ROM is to be marked with a 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 ultimately, its decision.
Electronic media may be submitted in an un-editable format.
NOTE: If dropping off bids in person, please advise via email to adrian.j.stafford-browne@usace.army.mil and matthew.e.lubiak@usace.army.mil.
Contractors are encouraged to wear a mask on the main floor and are required to wear a mask on the 16th floor. The government will not be responsible for submissions delivered to any location or to anyone other than those designated to receive proposals. Offerors are responsible for ensuring that bids are submitted so as to reach the designated recipient and designated location. Offerors are responsible for allowing sufficient time for the bids to be received in accordance with the instructions provided.
Contractors will not be allowed to physically be in the conference room during the bid opening however they are encouraged to call into the following teleconference line:
Call number US Toll Free +1-844-800-2712 US Toll Free +1-669-234-1177 Access code: 199 476 8533
Offerors must keep their phones on mute as to not disrupt the reader. Please limit the amount of company employees calling into the line so that the line does not disconnect. The abstract of bids will be posted to the Sam.gov website.
ADDITIONAL INSTRUCTIONS
Potential Bidders are reminded that only the minimum documents are required for bid submission:
1. Signed 1442.
2. Acknowledged amendments.
3. Filled out bid schedule and totals.
4. Bid Guarantee.
5. Bidders must check off box (d) in 52.204-8 Annual Representations and Certifications (DEC 2019) for being on SAM.gov.
BIDDER INQUIRIES
Submission of inquiries will open on 22 April 2024. Please submit technical inquiries and questions relating to this solicitation via email to adrian.j.stafford-browne@usace.army.mil and matthew.e.lubiak@usace.army.mil. Submission of inquires will close 13 May 2024 11:59 AM EDT. The Government reserves the right to decline addressing questions received after this date. If an Offeror believes that the requirements in this solicitation contains an error, omission, or are otherwise unsound;
immediately notify the Contract Specialist in writing with supporting rationale. The Government reserves the right to award this contract based on the initial bid, as received, without discussions. A prospective vendor who submits a comment or question will receive an acknowledgement via e-mail, followed by an answer after it has been processed by our technical team. All timely questions and approved answers will be made available through an amendment which will be posted on sam.gov as soon as the comment/question entering period is over and answers are all finalized.
BONDS
NOTICE REGARDING BID BONDS, PEFORMANCE BONDS, AND PAYMENT BONDS
The Standard Forms (SF24, SF25, and SF25A) for these bonds have been revised and can be found using the search at https://www.gsa.gov/reference/forms#
When including your bid/offer, contractors/sureties shall use the revised versions. No other version will be valid and thus may render your bid/offer non-compliant.
AT/OPSEC
General security requirements and guidance: The security requirements described below apply to all contract personnel (including employees of the prime Contractor (“Contractor”) and all subcontractor employees) supporting the performance requirements of this contract. The Contractor is responsible for compliance with these security requirements. Questions regarding security matters shall be addressed to the designated Government representative (e.g., Contracting Officer Representative (COR), Requiring Activity (RA) representative, or Contracting Officer (if a COR or other RA representative is not appointed)). Contract personnel are critical to the overall security and safety of US Army Corps of Engineers (USACE) installations, facilities and activities, and security awareness training contributes to those efforts. The Department of Defense (DoD) and Army security training requirements specified below, if applicable, are performance requirements, all applicable contract personnel shall complete initial training within 30 days of contract award or the date new contract personnel begin performance on the contract. Within five business days from the completion of training, the Contractor shall provide written documnetation (e.g., email or memorandum) to the Government representative. The documentation shall include the names of contract personnel trained and which training they completed, the Contractor shall maintain training records as part of their contract files and be prepared to provide copies of training certificates to the Government representative. Contractor personnel and vehicles are subject to search when entering federal installations. Additionally, all contract personnel shall comply with Force Protection Condition (FPCON) measures, Random Antiterrorism Measures (commonly referred to as “RAMS”), and Health Protection Condition (HPCON) measures. The Contractor is responsible for meeting performance requirements during elevated FPCON and/or HPCON levels in accordance with applicable RA plans and procedures – this includes identifying mission essential and non-mission essential personnel. In addition to the changes otherwise authorized by the changees clause of this contract, should the FPCON of HPCON levels at any individual facility or installtion change, the Government may implement security changes that affect contract personnel. The Contractor shall ensure all contract personnel are aware of their security responsibilities, including any site-specific requirements identified in local policies or procedures.
Antiterrorism (AT) Level I Training: All contract personnel requiring routine access to Army installations, facilities, and controlled access areas, or requiring network access shall complete initital and annual refresher AT Level I awareness training. Online AT Level I awareness training is available at https://jko.jten.mil/ (website subject to change).
Physical security and access control requriements: All contract personnel requiring physical access to a federal installation or facility shall comply with the access control procedures of that location. Contract personnel requiring unescorted access to meet contract performance requirements on a DoD installation in the US shall be vetted by the installation/facility Provost Marshal/Directorate of Emergency Services/Security Office using the National Crime
Information Center-Interstate Identification Index (commonly referred to as “NCIC-III”) and Terrorist Screening Database (commonly referred to as “TSDB”). Contract personnel shall comply with all personal identity verification requirements specified in installation/facility policies and procedures. Contract personnel who do not meet requirements for unescorted access to USACE facilities shall coordinate escorted access with the Government representative, as needed. Contract personnel who receive keys, access cards, or lock combinations that provide access to government-owned property shall comply with key and lock control procedures of the RA.
Suspicious Activity Reporting training (e.g. iWATCH, CorpsWatch, or See Something, Say Something): All contract personnel shall receive initial and annual refresher training from the RA representative on the local suspicious activity reporting program. This locally developed training provides contract personnel with general information on suspicious behavior, and guidance on reporting suspicious activity to the project manager, security representative or law enforcement entity.
Pre-screen candidates using E-Verify Program: Contractors shall comply with the requirements set forth in FAR Clause 52.222-54 Employment Verification and FAR Subpart 22.18 in using the E-Verify Program at (https://www.e-verify.gov/) (website suject to change) to meet the contract employment eligibility requirements.
Contractors are encouraged to cooperate with Federal and State agencies responsible for enforcing labor requirements to include eligibility for employment under United States immigration laws in accordance with FAR 22.102-1(1). An initial list of verified/eligible candidates shall be provided to the COR no later than three business days after the initial contract award. When contracts are with individuals, the individuals will be required to complete a Form I-9, Employment Eligibility Verification, and submit it to the Contracting Officer to become part of the official contract file.
CPARS
The Federal Acquisition Regulation (FAR) requires that Past Performance Information (PPI) be collected on DoD contracts. The Contractor Performance Assessment Reporting System (CPARS) is a web-enabled application that supports the completion, distribution, and retrieval of all contract performance evaluations. Contractor Representatives are responsible for reviewing and commenting on evaluations submitted on the Contractor Performance Assessment Reporting System (CPARS) website at https://www.cpars.gov/
Section 00 45 00 - Representations and Certifications
52.201-1 Acquisition 360: Voluntary Survey SEP 2023 52.203-2 Certificate Of Independent Price Determination APR 1985 52.203-11 Certification And Disclosure Regarding Payments To
Influence Certain Federal Transactions
SEP 2007
52.209-7 Information Regarding Responsibility Matters OCT 2018 52.209-13 Violation of Arms Control Treaties or Agreements --
Certification
NOV 2021
52.219-2 Equal Low Bids OCT 1995 52.222-38 Compliance With Veterans' Employment Reporting
Requirements
FEB 2016
52.223-1 Biobased Product Certification MAY 2012 52.223-4 Recovered Material Certification MAY 2008 52.225-20 Prohibition on Conducting Restricted Business Operations in
Sudan--Certification
AUG 2009
52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications.
JUN 2020
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
252.225-7031 Secondary Arab Boycott Of Israel JUN 2005 252.225-7050 Disclosure of Ownership or Control by the Government of a
Country that is a State Sponsor of Terrorism
DEC 2022
252.225-7053 Representation Regarding Prohibition on Use of Certain Energy Sourced from Inside the Russian Federation
AUG 2021
252.225-7055 Representation Regarding Business Operations with the Maduro Regime
MAY 2022
252.225-7057 Preaward Disclosure of Employment of Individuals Who Work in the People's Republic of China
AUG 2022
252.225-7059 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region - Representation
JUN 2023
252.225-7966 (Dev) Prohibition Regarding Russian Fossil Fuel Business Operations - Representation (Deviation 2024-O0006).
FEB 2024
252.232-7016 Notice of Progress Payments or Performance-Based Payments APR 2020
52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2023)
(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 237990.
(2) The small business size standard is $45,000,000.
(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.
(viii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.
(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.
(x) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.
(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.
(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).
(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.
(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.
(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.
(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).
(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.
(xv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.
(xvi) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial products or commercial services.
(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.
(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.
(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.)
(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.
(xxi) 52.225-4, Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Basic, Alternates II and III.)
This provision applies to solicitations containing the clause at 52.225-3.
(A) If the acquisition value is less than $50,000, the basic provision applies.
(B) If the acquisition value is $50,000 or more but is less than $92,319, the provision with its Alternate II applies.
(C) If the acquisition value is $92,319 or more but is less than $100,000, the provision with its Alternate III applies.
(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.
(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.
(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.
(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.
(2) The following representations or certifications are applicable as indicated by the Contracting Officer:
[Contracting Officer check as appropriate.]
(i) 52.204-17, Ownership or Control of Offeror.
(ii) 52.204-20, Predecessor of Offeror.
(iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.
(iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.
(v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.
(vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA- Designated Products (Alternate I only).
(vii) 52.227-6, Royalty Information.
(A) Basic.
(B) Alternate I.
(viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.
(d) The Offeror has completed the annual representations and certifications electronically in SAM accessed through https://www.sam.gov. After reviewing the SAM information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [ offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
FAR Clause Title Date Change
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.
52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (AUG 2020)
(a) Definitions. As used in this provision--
Commercial and Government Entity (CAGE) code means—
(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or
(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.
Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.
Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.
(b) The Offeror represents that it [ ___ ] has or [ ___ ] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (c) and if applicable, paragraph (d) of this provision for each participant in the joint venture.
(c) If the Offeror indicates ``has'' in paragraph (b) of this provision, enter the following information:
Immediate owner CAGE code:
Immediate owner legal name: ___
(Do not use a ``doing business as'' name)
Is the immediate owner owned or controlled by another entity?:
[ ___ ] Yes or [ ___ ] No.
(d) If the Offeror indicates ``yes'' in paragraph (c) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:
Highest-level owner CAGE code:
Highest-level owner legal name:
(Do not use a ``doing business as'' name)
52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO
SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)
The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-- Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.
(a) Definitions. As used in this provision-
Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Prohibition.
(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.
115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.
115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."
(d) Representations. The Offeror represents that--
(1) It [ ___ ] will, [ ___ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and
(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--
It [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.
(e) Disclosures.
(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment--
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(ii) For covered services--
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment--
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
(ii) For covered services--
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT
2020)
(a) Definitions. As used in this provision, “covered telecommunications equipment or services” and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.
(c) Representations.
(1) The Offeror represents that it [ ___ ] does, [ ___ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.
(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.
52.209-2…
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