A.07.23_Solicitation_W912DW-17-B-0004_1_of_3_(004).pdf
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- Solicitation number
- W912DW-17-B-0004
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IFB W912DW-17-B-0004 Equipment Rental without Operator
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| Solicitation_2_of_3_-_Technical_Specifications.pdf | ||
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IFB No. W912DW-17-B-0004
Seattle District
FY17 MEDEVAC Aircraft Maintenance Hangar Yakima Training Center, Washington
Construction Solicitation and Specifications
This is a 100% Small Business Set-Aside
August 2017
W68MD970263287
THE CONTRACTOR SHALL FURNISH ALL LABOR, EQUIPMENT AND MATERIALS TO PERFORM ALL WORK FOR THE MEDEVAC AIRCRAFT MAINTENANCE HANGAR, YAKIMA TRAINING CENTER, WASHINGTON IN ACCORDANCE WITH THE ATTACHED CONTRACT CLAUSES, PROVISIONS, SPECIAL CLAUSES, TECHNICAL SPECIFICATIONS AND DRAWINGS.
THE PROJECT IS 100% SET ASIDE FOR SMALL BUSINESS FIRMS.
MAGNITUDE OF CONSTRUCTION: BETWEEN $1,000,000 AND $5,000,000.
X
SHARON J GONZALEZ
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-Aug-2017
(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 ________ calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________ 00 73 00
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 __________0 copies to perform the w ork required are due at the place specified in Item 8 by ___________ local time 21 September 2017. If this is a sealed bid solicitation, offers must be publicly opened at that time.
shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.
B. An offer guarantee X is, is not required.
C. All offers are subject to the (1) w ork requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.
D. Offers providing less than _______90 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.
SOLICITATION, OFFER,
AND AWARD
(Construction, Alteration, or Repair)
1. SOLICITATION NO.
IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.
4. CONTRACT NO.
7. ISSUED BY CODE
USA ENGINEER DISTRICT, SEATTLE
ATTN: CENWS-CT
4735 EAST MARGINAL WAY SOUTH, BLDG. 1202
SEATTLE WA 98134-2388
W912DW
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)
FAX:TEL: TEL: FAX:
W912DW-17-B-0004 25
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
Section 00 10 00 - Solicitation/Contract Form
TABLE OF CONTENTS / INDEX
Section 00 10 00, Caution to Bidders, Site Visit, Technical Questions (ProjNet-BID), Corporate Certificate Section 00 11 00, Bid Schedule Section 00 21 00, Instructions, Conditions and Notices to Bidders Section 00 45 00, Representations and Certifications & Pre-Award Information Form Section 00 72 00, Contract Clauses Section 00 73 00, Special Contract Requirements Wage Determination Section 00 73 00-A, Drawings, as listed in clause 252.236-7001 Technical Specifications
RETURN THE FOLLOWING WITH YOUR BID:
SF1442, Solicitation, Offer and Award
Section 00 45 00, Representations and Certifications, to include the Pre-Award Information Form
20% Bid Bond -- Bid Bonds must be accompanied by a Power of Attorney containing an original signature from the surety. Powers of Attorney dated prior to the date of the bond will only be accepted if accompanied by certification from a current officer of the surety attesting to its authenticity and continuing validity.
Electronic, mechanically- applied and printed signatures, seals and dates on the power of attorney shall be considered original signatures, seals and dates, without regard to the order in which they were affixed.
Current SF24 forms are available at the following website: http://www.gsa.gov/portal/forms/type/TOP
Unless specified, the following information does not need to be submitted with your bid, BUT it is required to be completed before the contract can be awarded:
Contractors are required, before receipt of contract award to ensure that their firm is registered in the government web site entitled System for Award Management (SAM) and that all information required is current and up to date. https://www.sam.gov/portal/public/SAM/ http://www.gsa.gov/portal/forms/type/TOP http://www.sam.gov/portal/public/SAM/
! ! ! C A U T I O N TO B I D D E R S ! ! !
1. TELEPHONES: There are no public telephones at the Seattle District Corps of Engineers.
2. BUSINESS HOURS: For the Seattle District Corps of Engineers are from 7:30 A.M. to 4:00 P.M., Monday through Friday.
BEFORE SIGNING AND DELIVERING/MAILING THIS BID, PLEASE TAKE NOTE OF THE
FOLLOWING, AS FAILURE TO PERFORM ANY ONE OF THESE ACTIONS MAY CAUSE YOUR BID
TO BE REJECTED
3. AMENDMENTS: Have you acknowledged receipt of ALL amendments? If in doubt as to the number of amendments issued, please contact the representative listed on the Information Page.
4. AMENDED SECTIONS: If any of the amendments furnished amended sections, the amended sections must be used in submitting your bid.
5. MISTAKE IN BID: Have you reviewed your bid price for possible errors in calculation or work left out?
6. BID ACCEPTANCE PERIOD: The minimum bid acceptance period is specified in block 13D of SF1442, Solicitation, Offer and Award. Please ensure that you allow at least the stated number of calendar days for the Government to accept your bid.
7. SYSTEM FOR AWARD MANAGEMENT: Contractors are required, before receipt of contract award to ensure that their firm is registered in the government web site entitled System for Award Management (SAM) and that all information required is current and up to date. https://www.sam.gov/portal/public/SAM/
8. FAR clause 52.204-4(b) Printed or Copied Double-Sided on Postconsumer Fiber Content Paper: The Contractor is required to submit paper documents, such as offers, letters, or reports that are printed or copied double-sided on paper containing at least 30 percent postconsumer fiber, whenever practicable, when not using electronic commerce methods to submit information or data to the Government.
9. ATTENTION RE: BID SUBMITTAL / DELIVERY: Due to heightened security, the method of Hand Delivery has changed and takes longer than the previous method of arriving at the Federal Center South building lobby to deliver your Bid.
Please allow sufficient time to allow for heightened security at Government installations and to get to Building #1202. Allow time to park, pass through a metal detector, sign in, and receive a building pass at the Federal Center South Building. From there, you will be directed to the USACE Oxbow Building (#1202) which sits behind the Federal Center South Building. Allow additional time.
Report to the Security Desk in the lobby of the USACE Oxbow Building (#1202) and you will be directed to the bid opening room. This room will be available 30 minutes prior to the bid opening.
If you do not wish to be present when bids are opened and would like to drop off your bid, contact the following persons upon reporting to the Security Desk: Procurement Technician Sonia Frees, at 206-764-3516, or Contract Specialist Sharon Gonzalez at 206-764-6588. A Contracting representative will come down and accept your bid.
A bid is not received by the Government until it is in the physical possession of a representative of the Contracting office. Security guards and other non-contracting personnel are NOT authorized to accept proposals on behalf of the Government. Note that official receipt of a proposal shall be in accordance with FAR 52.215-1.
Note: If delivery is by any means other than Hand Delivery, please check prior to the due date and time to ensure that your bid has arrived on time.
Hand-delivery / Fed-Ex / UPS or other commercial carrier:
Sharon Gonzalez - Contract Specialist, Building 1202 U.S. Army Corps of Engineers, Seattle District
CENWS-CTA
4735 E. Marginal Way S, Building 1202 Seattle, WA 98134-2388
Mail:
Sharon Gonzalez – Contract Specialist U.S. Army Corps of Engineers, Seattle District CENWS-CTA PO Box 3755 Seattle, WA 98124-3755
Note: Commercial carriers will not deliver proposals to P.O. Boxes.
SITE VISIT
The purpose of the site visit is to familiarize Bidders with the scope of work and provide an opportunity to become familiar with the existing site conditions. It is the intent of the Government that all prospective Bidders visit the jobsite for the purpose of acquainting themselves with local conditions. Non-technical questions will be addressed;
however, ALL technical questions regarding the solicitation will be submitted via ProjNet, a web-based program that allows Bidders to post questions regarding the solicitation and to view all questions by other Bidders and answers by USACE. Attendance at the site visit is strongly recommended.
One organized site visit has been scheduled as follows:
Wednesday, 6 September 2017 @ 10:00 AM local time
Participants will meet at:
Yakima Training Center Main Gate Yakima, WA
Site visit participants shall meet at the Main Gate and be provided a location upon arrival. After the pre-site visit logistics briefing in the conference room, participants will receive a tour of the project work area.
Site Visit Registration:
Firms must register no later than 12:00 PM the day prior to the site visit date.
Confirm attendance by contacting Dan Sacks @ 206-240-2278 sending an email to:
sharon.j.gonzalez@usace.army.mil Include the below information.
1) Solicitation Number
2) Project Title
3) Date of Attendance
4) Name of firm with complete mailing address and telephone number
5) Name, title and phone number of each representative
Site Visit Point of Contact: Dan Sacks, Seattle District
Requests for attendance received after 12:00 PM the day prior to the site visit date will not be accepted. Due to limited field staff available for site visits, only one site visit will be offered. Individual requests for site visits will not be granted. Bidders should visit the site and take such other steps as may be reasonably necessary to ascertain the nature and location of the work, and the general and local conditions which can affect the work or the cost thereof.
Failure to do so shall not relieve Bidders from responsibility for estimating properly the difficulty or cost of successfully performing the work. The Government shall assume no responsibility for any understanding or representations concerning conditions made by any of its officers or agents prior to the execution of the contract, unless included in the solicitation, specifications/plans, or related documents.
Each individual must have valid government picture identification on his/her person while at the project site. There can be no substitutions of one individual for another. If an individual arrives at the site visit without having RSVP’d ahead of time and/or without picture identification, that individual may not be allowed on the project.
mailto:to:%20%20sharon.j.gonzalez@usace.army.mil mailto:to:%20%20sharon.j.gonzalez@usace.army.mil
Hardhats, hard toed boots, and safety reflective vests are required. All participants will be required to sign an attendance list.
NOTE: Please be advised that foreign nationals must complete the attached request for visitation authority (RVA) form and submit it with required documents no later than 30 days prior to any site visit, by 12:00 p.m.
PDT. This is a change from the previous 14 day requirement.
Please submit required documentation to CPT LeRoy, Tyler.F.Leroy@usace.army.mil mailto:Tyler.F.Leroy@usace.army.mil
BIDDING DOCUMENTS: View solicitations at the Internet site: www.fedbizopps.gov
FOR INQUIRIES, CONTACT THE FOLLOWING:
Monday through Friday between the hours of 7:30 a.m. and 4:00 p.m.:
ADMINISTRATIVE MATTERS:
Contact: Sharon Gonzalez, Contract Specialist, sharon.j.gonzalez@usace.army.mi or 206-764-6688
Mail: Seattle District, U.S. Army Corps of Engineers, P.O. Box 3755, CECT-NWS, Bldg 1202, Seattle, WA 98124-3755
Street: Seattle District, U.S. Army Corps of Engineers, 4735 E. Marginal Way S., Bldg 1202, Seattle, WA 98134-2388
TECHNICAL QUESTIONS:
All inquiries regarding this solicitation are to be submitted via ProjNet-BID. Telephone and email inquiries will not be accepted. ProjNet-BID is a web-based program that allows bidders to post questions regarding the solicitation and to view all questions by other bidders and answers by USACE. ProjNet-BID can be accessed at https://www.projnet.org. To access the ProjNet-BID website the first time:
1) Click the Quick Add menu in the upper right.
2) Enter the following information for access:
2a) Select USACE as the Agency.
2b) Input BID Key: 2VYR2Y-FS3FZX
2c) Your email address.
3) Enter valid business contact information (e.g. First and Last Name, Company name, city and state, phone number, email address). (Required on first project only.)
4) Establish Secret Question and Answer which will be used as a password (required on first project only).
5) For subsequent access use your email address, the Key and response to the Secret Question to access the ProjNet- BID Module.
6) Submit technical questions by clicking Post a New Inquiry. When an answer is posted to a question, the question and answer is then available for all other bidders to review.
7) For questions about ProjNet-BID, please contact the Call Center help desk toll free at 1-800-428-HELP (4357), which operates from 8AM to 5PM (Central US time zone).
No response will be posted to inquiries after the Close of Business on the third business day preceding the solicitation due date. All bidders will be held to have reviewed the questions and responses in ProjNet-Bidsm prior to bid submission. Nothing in the solicitation is changed unless an amendment is issued.
http://www.fedbizopps.gov/ mailto:sharon.j.gonzalez@usace.army.mi https://www.projnet./ https://www.projnet./
IF THE CONTRACTOR IS A CORPORATION OR PARTNERSHIP, THE APPLICABLE PORTION
OF THE FORM LISTED BELOW MUST BE COMPLETED. IN THE ALTERNATIVE, OTHER
EVIDENCE MUST BE SUBMITTED TO SUBSTANTIATE THE AUTHORITY OF THE PERSON
SIGNING THE CONTRACT. IF A CORPORATION, THE SAME OFFICER SHALL NOT
EXECUTE BOTH THE CONTRACT AND THE CERTIFICATE.
CORPORATE CERTIFICATE
I, ____________________________________, certify that I am the _________________________ Secretary of the Corporation named as Contractor herein; that _________________________________, who signed this contract on behalf of the Contractor was then ___________________________of said corporation; that said contract was duly signed for and on behalf of said corporation by authority of its governing body and is within the scope of its corporate powers.
_____________________________ (CORPORATE
(Secretary) SEAL)
AUTHORITY TO BIND PARTNERSHIP
This is to certify that the names and signatures of all partners are listed below and that the person signing the contract has authority actually to bind the partnership pursuant to its partnership agreements.
Each of the partners individually has full authority to enter into and execute contractual instruments on behalf of said partnership with the United States of America, except as follows: (state "none" or describe limitations, if any) ________________________________________
This authority shall remain in full force and effect until such time as the revocation of authority by any cause whatsoever has been furnished in writing to, and acknowledged by, the Contracting Officer.
(Names and Signatures of all Partners)
NAME SIGNATURE
MEDEVAC Aircraft Maintenance Hangar Expansion 17002 JBLM-Yakima Training Center, WA W912DW-17-B-0004
BID SCHEDULE
CLIN
Item # Description of Item Qty Unit Amount
BASE ITEMS
0001 All work associated with construction of hangar bay doors, and all related site work and utilities.
1 JOB $___________________
0002 All work associated with the Generator, Automatic Transfer Switches (ATS), and connections.
1 JOB $___________________
0003 All work associated with providing paved towway construction and asphalt paving as shown connecting hangar access apron to flight line helipad.
1 JOB $___________________
0004 All work associated with providing five ton overhead bridge crane and structural steel support system in existing hangar bay including raising existing infrared heaters and installing heat shields.
1 JOB $___________________
0005 All work associated with providing asphalt hardstand connection between EFASS hangar pad and existing helipad.
1 JOB $___________________
0006 All work associated with providing asphalt hardstand between existing helipads.
1 JOB $___________________
0007 All work for O&M manuals as specified in Section 01 78 23 OPERATIONS AND MAINTENANCE MANUALS from preparation to final approval for CLN 1-6.
1 JOB $60,000
0008 All work for As-Built drawings as specified in Section 01 78 00 CLOSEOUT SUBMITTALS from preparation to final approval for CLN 1-6.
1 JOB $25,000
0009 All work for DD 1354 as specified in Section 01 78 00 CLOSEOUT SUBMITTALS from preparation to final approval for CLN 1-6.
1 JOB $12,000
CLIN
Item # Description of Item Qty Unit Amount
TOTAL ALL BASE ITEMS #0001-0009 $______________________
OPTIONAL ITEMS
0010 All work associated with construction of Mission Support Area shops and storage areas and all related site work and utilities.
1 JOB $___________________
0011 All work associated with demolition of Building #223 at Yakima Training Center.
1 JOB $___________________
0012 All work associated with demolition of Building #3423 at Joint Base Lewis-McChord.
1 JOB $___________________
0013 All work associated with installing Lightning Protection System (LPS) for the existing hangar and the Mission Support Area.
1 JOB $___________________
0014 All work for O&M manuals as specified in Section 01 78 23 OPERATIONS AND MAINTENANCE MANUALS from preparation to final approval for CLN 10-
13. See note #5.
1 JOB $60,000
0015 All work for As-Built drawings as specified in Section 01 78 00 CLOSEOUT SUBMITTALS from preparation to final approval for CLN 10-13.
See note #5.
1 JOB $25,000
0016 All work for DD 1354 as specified in Section 01 78 00 CLOSEOUT SUBMITTALS from preparation to final approval for CLN 10-13.
See note #5.
1 JOB $12,000
TOTAL ALL OPTIONAL ITEMS #0010-0016 $______________________
TOTAL ALL ITEMS #0001-0016 $______________________
NOTES:
1) 100% Design Projects cannot be altered, changed, or re-designed in any way. No alternate proposals will be accepted.
2) To better facilitate the receipt and proposal process, all modifications to proposals shall be submitted on copies of the latest Bid Schedule as published in the solicitation or the latest amendment thereto. In lieu of indicating additions/deductions to line items, all Offerors should state their revised prices for each item.
3) Offerors must insert a price on all entry amount lines of numbered items of the Bid Schedule. Failure to do so will result in the offer being unacceptable.
4) The dollar amount established in Items #0007, #0008, #0009; #0014, #0015, and #0016 shall not be revised by Offerors.
5) Optional Items #0014, #0015, and #0016 will not be awarded unless optional Item #0010 is awarded.
END BID SCHEDULE
W912DW-17-B-0004
Section 00 21 00 - Instructions, Conditions & Notices to Offerors
CLAUSES INCORPORATED BY REFERENCE
52.214-3 Amendments To Invitations For Bids DEC 2016 52.214-4 False Statements In Bids APR 1984 52.214-5 Submission Of Bids DEC 2016 52.214-6 Explanation To Prospective Bidders APR 1984 52.214-7 Late Submissions, Modifications, and Withdrawals of Bids NOV 1999 52.214-18 Preparation of Bids-Construction APR 1984 52.214-19 Contract Award-Sealed Bidding-Construction AUG 1996 52.222-23 Notice of Requirement for Affirmative Action to Ensure
Equal Employment Opportunity for Construction
FEB 1999
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 calendar days (60 calendar days unless a different period is inserted by the bidder) 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)
52.214-34 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE (APR 1991)
Offers submitted in response to this solicitation shall be in the English language. Offers received in other than English shall be rejected.
(End of provision)
52.214-35 SUBMISSION OF OFFERS IN U.S. CURRENCY (APR 1991)
Offers submitted in response to this solicitation shall be in terms of U.S. dollars. Offers received in other than U.S.
dollars shall be rejected.
(End of provision)
52.216-1 TYPE OF CONTRACT (APR 1984)
The Government contemplates award of a FIRM FIXED PRICE contract resulting from this solicitation.
(End of provision)
52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS--SECONDARY SITE OF THE WORK (MAY
2014)
(a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements,of this solicitation.
(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.
(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.
(2) The due date for receipt of offers will not be extended as a result of an offeror's request for a wage determination for a secondary site of the work.
(End of provision)
52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT--CONSTRUCTION MATERIALS (MAY 2014)
(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American --Construction Materials” (Federal Acquisition Regulation (FAR) clause 52.225-9).
(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.
(c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.
(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.
(d) Alternate offers.
(1) When an offer includes foreign construction material not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.
(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.
(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested--
(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or
(ii) May be accepted if revised during negotiations.
(End of provision)
52.228-1 BID GUARANTEE (SEP 1996)
(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.
(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States.
The Contracting Officer will return bid guarantees, other than bid bonds, (1) to unsuccessful bidders as soon as practicable after the opening of bids, and (2) to the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.-
(c) The amount of the bid guarantee shall be 20 percent of the bid price or $3,000,000.00, whichever is less.-
(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.-
(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.
(End of provision)
52.232-14 NOTICE OF AVAILABILITY OF PROGRESS PAYMENTS EXCLUSIVELY FOR SMALL
BUSINESS CONCERNS (APR 1984)
The Progress Payments clause will be available only to small business concerns. Any bid conditioned upon inclusion of a progress payment clause in the resulting contract will be rejected as nonresponsive if the bidder is not a small business concern.
(End of clause)
52.232-18 AVAILABILITY OF FUNDS (APR 1984)
Funds are not presently available for this contract. The Government's obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.
(End of clause)
52.233-2 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
R. Dave Williams, Chief of Contracting US Army Corps of Engineers – Seattle District PO Box 3755 Seattle, WA 98124-3755
(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.
(End of provision)
52.252-3 ALTERATIONS IN SOLICITATION (APR 1984)
Portions of this solicitation are altered as follows:
Alterations, if necessary, will be added via Amendment.
Section 00 45 00 - Representations & Certifications
CLAUSES INCORPORATED BY FULL TEXT
52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2017)
(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 236210.
(2) The small business size standard is $36,500,000.00..
(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, System for Award Management, 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 System for Award Management (SAM), and has completed the Representations and Certifications section of SAM 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 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) 52.209-2; Prohibition on Contracting with Inverted Domestic Corporations--Representation.
(vii) 52.209-5; Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.
(viii) 52.209-11, Representation by Corporations Regarding elinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.
(ix) 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.
(x) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.
(xi) 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.
(xii) 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.
(xiii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.
(xiv) 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.
(xv) 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.
(xvi) 52.222-57, Representation Regarding Compliance with Labor Laws (Executive Order 13673). This provision applies to solicitations expected to exceed $50 million which are issued from October 25, 2016 through April 24, 2017, and solicitations expected to exceed $500,000, which are issued after April 24, 2017.
Note to paragraph (c)(1)(xvi): By a court order issued on October 24, 2016, 52.222-57 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.
(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.
(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.
(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.)
(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.
(xxi) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3.
(A) If the acquisition value is less than $25,000, the basic provision applies.
(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.
(C) If the acquisition value is $50,000 or more but is less than $77,533, the provision with its Alternate II applies.
(D) If the acquisition value is $77,533 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 via the SAM website accessed through 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 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.
52.209-7 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).
(End of provision)
252.204-7007 ALTERNATE A, ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2015)
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) 252.209-7003, Reserve Officer Training Corps and Military Recruiting on Campus--Representation. Applies to all solicitations with institutions of higher education.
(ii) 252.216-7008, Economic Price Adjustment--Wage Rates or Material Prices Controlled by a Foreign Government. Applies to solicitations for fixed-price supply and service contracts when the contract is to be performed wholly or in part in a foreign country, and a foreign government controls wage rates or material prices and may during contract performance impose a mandatory change in wages or prices of materials.
(iii) 252.222-7007, Representation Regarding Combating Trafficking in Persons, as prescribed in 222.1771. Applies to solicitations with a value expected to exceed the simplified acquisition threshold.
(iv) 252.225-7042, Authorization to Perform. Applies to all solicitations when performance will be wholly or in part in a foreign country.
(v) 252.225-7049, Prohibition on Acquisition of Commercial Satellite Services from Certain Foreign Entities-- Representations. Applies to solicitations for the acquisition of commercial satellite services.
(vi) 252.225-7050, Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism. Applies to all solicitations expected to result in contracts of $150,000 or more.
(vii) 252.229-7012, Tax Exemptions (Italy)--Representation. Applies to solicitations when contract performance will be in Italy.
(viii) 252.229-7013, Tax Exemptions (Spain)--Representation. Applies to solicitations when contract performance will be in Spain.
(ix) 252.247-7022, Representation of Extent of Transportation by Sea. Applies to all solicitations except those for direct purchase of ocean transportation services or those with an anticipated value at or below the simplified acquisition threshold.
(2) The following representations or certifications in SAM are applicable to this solicitation as indicated by the Contracting Officer: [Contracting Officer check as appropriate.]
____ (i) 252.209-7002, Disclosure of Ownership or Control by a Foreign Government.
____ (ii) 252.225-7000, Buy American--Balance of Payments Program Certificate.
____ (iii) 252.225-7020, Trade Agreements Certificate.
____ Use with Alternate I.
____ (iv) 252.225-7031, Secondary Arab Boycott of Israel.
____ (v) 252.225-7035, Buy American--Free Trade Agreements--Balance of Payments Program Certificate.
____ Use with Alternate I.
____ Use with Alternate II.
____ Use with Alternate III.
____ Use with Alternate IV.
____ Use with Alternate V.
(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.
Section 00 72 00 - Contract Clauses
CLAUSES INCORPORATED BY REFERENCE
52.202-1 Definitions NOV 2013 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006 52.203-7 Anti-Kickback Procedures MAY 2014 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or
Improper Activity
MAY 2014
52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014 52.203-12 Limitation On Payments To Influence Certain Federal
Transactions
OCT 2010
52.203-13 Contractor Code of Business Ethics and Conduct OCT 2015 52.203-17 Contractor Employee Whistleblower Rights and Requirement
To Inform Employees of Whistleblower Rights
APR 2014
52.204-2 Alt II Security Requirements (Aug 1996) - Alternate II APR 1984 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber
Content Paper
MAY 2011
52.204-7 System for Award Management OCT 2016 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier
Subcontract Awards
OCT 2016
52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment
OCT 2015
52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters
JUL 2013
52.209-10 Prohibition on Contracting With Inverted Domestic Corporations
NOV 2015
52.214-26 Audit and Records--Sealed Bidding OCT 2010 52.214-27 Price Reduction for Defective Certified Cost or Pricing Data -
Modifications - Sealed Bidding
AUG 2011
52.214-28 Subcontracting Certified Cost Or Pricing Data-- Modifications--Sealed Bidding
OCT 2010
52.219-6 Notice Of Total Small Business Set-Aside NOV 2011 52.219-8 Utilization of Small Business Concerns NOV 2016 52.219-28 Post-Award Small Business Program Rerepresentation JUL 2013 52.222-1 Notice To The Government Of Labor Disputes FEB 1997 52.222-3 Convict Labor JUN 2003 52.222-6 Construction Wage Rate Requirements MAY 2014 52.222-7…
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