PART_1_OF_3_W912DW19B0013_APSB_JBLM_INVITATION_FOR_BID.pdf
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IFB No. W912DW19B0013
Seattle District
Aircraft Parts Storage Building, Joint Base Lewis-
McChord, Washington
Construction Solicitation and Specifications
This requirement is Set-Aside 100% for Women- Owned Small Business (WOSB) Concerns Eligible under WOSB Program Set-Aside (See FAR 19.15)
June 2019
This page intentionally left blank.
Aircraft Parts Storage Building (APSB), Joint Base Lew is-McChord (JBLM), Washington
Provide all labor, materials, equipment, services, and incidentals required to perform all w ork for the project entitled: Aircraft Parts Storage Building, Joint Base Lew is-McChord, Washington.
In accordance w ith FAR 36.204, the order of magnitude for this project is estimated to be in the range of $1,000,000 to $5,000,000.
A pre-bid site visit is scheduled on 13 June 2019 at 9:00 AM Pacif ic Time. See Section 00 21 13 for more information.
The requirement is set-aside 100% for Women-Ow ned Small Business (WOSB) Concerns Eligible Under WOSB Program Set-Aside (See FAR 19.15).
X
SHAWNA WEST 206-764-6575
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
06-Jun-2019
(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 ________365 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 __________ copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________08 Jul 2019 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.
shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.
B. An offer guarantee X is, is not required.
C. All offers are subject to the (1) w ork requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.
D. Offers providing less than _______90 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.
SOLICITATION, OFFER,
AND AWARD
(Construction, Alteration, or Repair)
1. SOLICITATION NO.
IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.
4. CONTRACT NO.
7. ISSUED BY CODE
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:
W912DW19B0013 62
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
W912DW19B0013
Section 00 01 10 - Table of Contents
TABLE OF CONTENTS
TABLE OF CONTENTS / INDEX
INVITATION FOR BID W912DW19B0013
DIVISION 00 – BID REQUIREMENTS, CONTRACT FORMS AND CONDITIONS
Sections
00 01 10 Table of Contents/Index
00 10 00 SF 1442, Corporate Certificate, Bid Schedule
00 21 13 Instructions to Bidders
00 22 13Supplementary Instructions to Bidders
00 45 00 Representations and Certifications
00 72 00 Contract Clauses
00 73 00 Special Contract Requirements
End of Division 00 Table of Contents
Section 00 10 00 - Solicitation
CERTIFICATION
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/JOINT VENTURES
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/joint venture pursuant to its partnership/joint venture agreements. Each of the partners individually has full authority to enter into and execute contractual instruments on behalf of said partnership/joint venture 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)
NAME SIGNATURE
BID SCHEDULE
BID SCHEDULE
CLIN
Item # Description of Item Quantity Unit Unit Price Amount
BASE ITEMS
0001 All work for Construction of the storage building and all associated site work within 5- feet of the
8000gsf (BASE) building.
1 JOB N/
A
0002 All work for O&M manuals as specified in Section
01 78 23 OPERATIONS AND
MAINTENANCE MANUALS from preparation to final approval.
1 JOB N/A $60,000
0003 All work for As-Built drawings as specified in Section 01 78 00 CLOSEOUT SUBMITTALS from preparation to final approval.
1 JOB N/A $25,000
0004 All work for DD 1354 as specified in Section 01 78 00 CLOSEOUT SUBMITTALS from preparation to final approval.
1 JOB N/A $12,000
TOTAL ALL BASE ITEMS 0001-
OPTIONAL ITEMS
0005 All work for Construction of the storage building and all associated site work within 5- feet of the additional 2000gsf (OPTION) building.
1 JOB N/
A
0006 All work for Site preparation including demolition and construction of site work, site utilities, and all other improvements from the construction limits to
5-feet from the 8000gsf (BASE) building.
1 JOB N/
A
0007 All work for Site preparation including demolition and construction of site work, site utilities, and all other improvements from the construction limits to 5-feet from the 10,000gsf (BASE + OPTION) building.
1 JOB N/
A
TOTAL ALL OPTION ITEM
0005-0007
TOTAL ALL ITEMS 0001-
NOTES:
1) 100% Design Projects cannot be altered, changed, or re-designed in any way.
2) To better facilitate the receipt and bid process, all modifications to bids 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 bidders should state their revised prices for each item.
3) Bidders must insert a price on all entry amount lines of numbered items of the Bid Schedule.
Failure to do so will result in the bid being unacceptable.
4) The dollar amount established in Item Nos. 0002, 0003, and 0004 shall not be revised by bidders.
5) Award of optional items will be made in accordance with FAR 52.217-7, Option for Increased Quantity—Separately Priced Line Item (MAR 1989), as found in Section 00 72 00.
6) Optional item 0005 adds 2,000 GSF to base bid item 0001. If the option is not exercised the storage building will be 8,000 GSF. If the option item is exercised the building will be a total of
10,000 GSF.
7) If optional item 0005 is exercised, optional item 0007 will be exercised as well. If optional item 0005 is NOT exercised, ONLY optional item 0006 will be exercised.
8) This requirement is designated as an Unspecified Minor Military Construction (UMMC) project.
UMMC projects are subject to a statutory limitation of $6,000,000.00. A bid in excess of this amount may not be awarded.
GSF= Gross Square Footage
END BID SCHEDULE
Section 00 21 13 - Instructions to Bidders
INSTRUCTIONS TO BIDDERS
1. BID SUBMISSION INSTRUCTIONS
Due to heightened security at Government installations, those bidders who have their bids hand-delivered shall contact Procurement Technician, Sonia Frees at 206-764-3516 or Contract Specialist, Shawna West at 206-764-6575 prior to delivering to the address shown below. At the time specified in the solicitation, it will be announced that receipt of bids is closed.
Time-consuming sign-in and escort procedures and may impact the timely delivery of bids.
See Box 13 of the Standard Form 1442 for the time and date bids are due or as identified in subsequent amendments
EMAIL: Emailed Bid will NOT be accepted.
FAX: Faxed Bid will NOT be accepted.
FED-EX/UPS: Shawna West, Contract Specialist, Building 1202 U.S. Army Corps of Engineers, Seattle District
CENWS-CTA
4735 E. Marginal Way S., Bldg # 1202
Seattle, WA 98134-2385 Note: Commercial Carriers will not deliver to PO Boxes
MAIL: Shawna West, Contract Specialist, Building 1202 U.S. Army Corps of Engineers, Seattle District
CENWS-CTA
PO Box 3755 Seattle, WA 98124-3755
HAND DELIVERY: Shawna West, Contract Specialist, Building 1202 U.S. Army Corps of Engineers, Seattle District
CENWS-CTA
4735 E. Marginal Way S., Bldg # 1202
Seattle, WA 98134-2385
The method of Hand Deliver 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 our new location in 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 new 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 and call Sonia Frees, Procurement Technician at 206-764-3516, or Shawna West, Contract Specialist at 206-764-6575. A Contracting representative will come down and accept your bid.
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 arrives on time. The packaging that contains the bid shall be marked:
“Bid for Solicitation Number: W912DW19B0013, DO NOT OPEN”
2. REQUIRED BID DOCUMENTS
2.1 Submit the following bid documents in the sequence listed below:
• Cover Letter
• Corporate Certificate/Authority to Bind Partnership/Joint Venture (Section 00 10 00)
• Completed SF 1442 and Bid Schedule (Section 00 10 00)
• Completed SF 30 or acknowledgment of amendment(s) on SF 1442 (if applicable)
• Bid Guarantee (Current SF 24 available at https://www.gsa.gov/reference/forms)
• Pre-Award Information (Section 00 45 00)
• Certification pursuant to FAR 52.209-13 (Section 00 45 00)
• Joint Venture Agreement (if applicable)
2.2.2 Cover Letter Components:
2.2.2.1 The cover letter should contain:
• Solicitation number
• Name, title, address, email, and telephone number of the bidder.
• Bidder’s tax identification number (TIN)
• Name, title and signature of the person authorized to sign the bid.
• A statement specifying agreement with all terms, conditions and provisions included in the IFB.
3. JOINT VENTURE TEAM ARRANGEMENTS (INCLUDING MENTOR-PROTÉGÉS)
3.1.1 No contract may be awarded to a Joint Venture/Mentor-Protégé that is not registered in the System for Award Management (SAM) database. The Joint Venture/Mentor-Protégé must have its own registered Data Universal Numbering System (DUNS) number. Any Joint Venture/Mentor-Protégé agreement that is required to be approved by the Small Business Administration (SBA) shall be approved in accordance to the applicable Code of Federal Regulations (CFR). If the applicable requirements are not met prior to the due date for bids, the bid will be rendered unawardable.
3.1.1.1 In the cover letter of your bid, provide the complete names, addresses, and phone number of the companies comprising the Joint Venture/Mentor-Protégé.
3.1.1.2 A copy of the Joint Venture/Mentor-Protégé agreement.
3.1.1.3 Signature requirements: SF 1442, SOLICITATION, OFFER, AND AWARD (pages 00 10 00-1 and 00 10 00-2), Block 20 requires that the name and title of a person authorized to sign the bid for the Joint Venture/Mentor-Protégé be provided. In the case of a Joint Venture/Mentor- Protégé, subject Standard Form shall be signed by the principal representative of the Joint Venture/ Mentor-Protégé (or the alternate principal representative, if the principal representative is unavailable).
3.1.1.4 In addition to the requirements stated above, and to assure a single point of contact for resolution of contractual matters and payments, the Bidder shall submit a certificate signed by each participant in the Joint Venture containing the following statement:
“The parties hereto expressly understand and agree as follows:
1. (Name, title, and company) is the principal representative of the Joint Venture. As such, all communications regarding the administration of the contract and the performance of the work thereunder may be directed to him or her. In the absence of (same name, title, and company), (enter name, title, and company of alternate) is the alternate principal representative of the Joint Venture/Mentor-Protégé. These individuals have authority to sign on behalf of the Joint Venture/Mentor-Protégé.
2. Direction, approvals, required notices, and all other communications from the Government to the Joint Venture/Mentor-Protégé, including transmittal of payments by the Government, shall be directed to (enter name, title, and company of principal), principal representative of the Joint Venture/Mentor-Protégé.”
NOTE: Provide telephone numbers and email addresses for the points of contact listed in the above statement.
4. RETURN ADDRESS REQUIREMENTS
Bidders must ensure that ALL mail sent to the Seattle District, U.S. Army Corps of Engineers, either pre-contract or post-contract award, has a return mailing address on the outside of the envelope, package, box, etc. ANY MAIL addressed to the U.S. Army Corps of Engineers, including but not limited to; bids, modifications to bids, bonds, correspondence, etc., will be REJECTED by the US Army Corps of Engineers mail room facility located in Building 1202, at 4735 East Marginal Way South, Seattle, WA 98134 if it does not contain a return mailing address. THERE
WILL BE NO EXCEPTIONS.
5. COPIES OF SOLICITATION DOCUMENTS AND AMENDMENTS
Copies of the solicitation and amendments are available by INTERNET ACCESS ONLY. All solicitation documents will be posted to the Federal Business Opportunities website at http://www.fbo.gov under solicitation number W912DW19B0013.
It shall be the contractor’s responsibility to check the websites for any amendments. The bidder shall submit in the bid all requested information specified in this solicitation.
A list of interested vendors (potential bidder and subcontractors) is available on the Federal Business Opportunities web site listed above (registration required).
6. BIDDER INQUIRY
Prospective bidders shall submit contracting and technical inquiries and questions concerning this solicitation document via Bidder Inquiry in ProjNet at www.projnet.org/projnet.
To submit and review bid inquiry items, bidders will need to be a current registered user or self-register into system.
To self-register go to web page, click BID tab select Bidder Inquiry, select agency USACE, enter Key for this solicitation listed below, and your e-mail address, click login. Fill in all required information and click create user.
Verify that information on next screen is correct and then click continue.
From this page you may view all bidder inquiries or add inquiry.
Bidders will receive an acknowledgement of their question via email, followed by an answer to their question after it has been processed by our technical team.
The Solicitation Number is: W912DW19B0013.
The Bidder Inquiry Key is: Y4H9P3-7V947N
The Bidder Inquiry System will be unavailable for new inquires five (5) business days prior to bid submission in order to ensure adequate time is allotted to form an appropriate response and amend the solicitation, if necessary.
Bidders are requested to review the specification in its entirety, review the Bidder Inquiry System for answers to questions prior to submission of a new inquiry.
The call center operates weekdays from 8AM to 5PM U.S. Central Time Zone (Chicago). The telephone number for the Call Center is 800-428-HELP.
http://www.fbo.gov/ http://www.projnet.org/projnet
7. BID EXPENSES AND PRE-AWARD COSTS
This Invitation for Bid (IFB) does not commit the Government to pay, as a direct charge, any costs incurred in the preparation and submission of a bid.
8. ACCURACY IN BIDS
Bids must set forth full, accurate, and complete information as required by this IFB (including any attachments).
The penalty for making false statements is prescribed in 18 U.S.C. 1001.
9. PLAN HOLDER’S LIST
For Viewing a List of Interested Vendors (i.e. Plan Holder’s List) and Receiving Notifications or email of changes regarding a solicitation, Federal Business Opportunities has these features available. For this solicitation, go to https://www.fbo.gov/ and register as a vendor or enter user name and password to login. If you wish for General Contractors, Subcontractors, Suppliers, Plan Rooms or Print Shops to have the ability to contact you, click on the "Add me to Interested Vendors" for the solicitation.
10. SUBJECT TO THE AVAILABILITY OF FUNDS
FAR 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.
11. STATUTORY COST LIMITATION
This requirement is designated as an Unspecified Minor Military Construction (UMMC) project. UMMC projects are subject to a statutory limitation of $6,000,000.00. A bid in excess of this amount may not be awarded.
12. ACCESS REQUIREMENTS AND DIRECTIONS
JBLM is a controlled access installation. In order to gain access to attend the pre-bid conference and site-visit, a temporary one (1) day vehicle pass is required to drive on JBLM. The pass may be obtained from the Visitor Center at the JBLM Main Gate. Due to heightened security, the following procedures describe how to gain access for yourself and any subcontractors attending (if they or you do not have current access to the military installation): All attendees must have valid picture identification*. All attendees driving privately-owned vehicles (POVs) must have a valid driver’s license, proof of vehicle insurance and vehicle registration. For rental vehicle access, you must have a rental agreement.
* REAL ID Act: On 1 May 2016, JBLM began enforcing the provisions of the REAL ID Act, passed by Congress in 2005. Under the provisions of this Act, a standard driver’s license or ID card issued by any of the following states is not accepted for unescorted access on JBLM: Minnesota, Missouri and Washington. Persons requesting unescorted access on JBLM and who present a standard license or ID from one of those states will be required to present additional documentation to verify their identity prior to being allowed access on JBLM. The list of acceptable documents to present, along with a standard driver’s license or ID Card issued by one of those states, include: DoD CAC, DoD Uniformed Services Identification and Privileges Cards, U.S. Passport or U.S. Passport Card, VA Issued Health Card, U.S. Coast Guard Merchant Mariner Card, Transportation Worker ID Card (TWIC) issued by DHS, U.S. Government issued, authenticated Federal PIV credentials. US Military or Draft Record containing name and DOB, etc. A full list acceptable identification verification documents accepted can be found at http://www.lewismcchord.army.mil/ under ‘Access to JBLM’/’Visitors center’/”Visitor Information”. A state Enhanced Driver’s License (EDL) from Washington State and Minnesota are acceptable for access. Please visit the Department of Homeland Security (DHS) website at https://www.dhs.gov/real-id-frequently-asked-questions for more information regarding REAL ID and frequently asked questions.
DIRECTIONS to Visitor Center / Liberty Gate (Main Gate): From I-5, take Exit 120 (JBLM - Lewis Main) and proceed to the Visitor Center. The Visitor Center is on the far right just before the Main Gate.
13. PRE-BID CONFERENCE AND SITE VISIT
A one-time, pre-bid conference and site visit will be conducted on 13 June 2019 at 9:00 am local time. Directions to the pre-bid conference and site visit are included as a separate attachment to the solicitation posting. Bidders and any subcontractors desiring to attend should arrive no later than 9:00 am local time for the pre-bid conference and site visit.
BIDDERS ARE URGED AND EXPECTED to inspect the site where construction is to be performed and to satisfy themselves as to all general and local conditions which may affect the cost of performance of the Contract, to the extent such information is reasonably obtainable.
CLAUSES INCORPORATED BY REFERENCE
52.204-7 System for Award Management OCT 2018 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 52.214-34 Submission Of Offers In The English Language APR 1991 52.214-35 Submission Of Offers In U.S. Currency APR 1991 52.222-5 Construction Wage Rate Requirements--Secondary Site of the
Work
MAY 2014
52.225-10 Notice of Buy American Requirement--Construction Materials
MAY 2014
52.232-13 Notice Of Progress Payments APR 1984 52.236-27 Site Visit (Construction) FEB 1995 252.203-7005 Representation Relating to Compensation of Former DoD
Officials
NOV 2011
252.204-7008 Compliance With Safeguarding Covered Defense Information Controls
OCT 2016
252.236-7008 Contract Prices-Bidding Schedules DEC 1991
CLAUSES INCORPORATED BY FULL TEXT
52.216-1 TYPE OF CONTRACT (APR 1984)
The Government contemplates award of a Firm Fixed-Price construction contract resulting from this solicitation.
(End of provision)
52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL
EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)
(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.
(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:
Goals for minority participation for each trade
Goals for female participation for each trade
6.2% 6.9%
These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.
(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction,'' and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.
(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the --
(1) Name, address, and telephone number of the subcontractor;
(2) Employer's identification number of the subcontractor;
(3) Estimated dollar amount of the subcontract;
(4) Estimated starting and completion dates of the subcontract; and
(5) Geographical area in which the subcontract is to be performed.
(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is Joint Base Lewis-McChord, Pierce County, Washington.
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.
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:
U.S. Army Corps of Engineers, Seattle District ATTN: Roger D. Williams, Chief of Contracting P.O. 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.
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/
52.252-3 ALTERATIONS IN SOLICITATION (APR 1984)
Portions of this solicitation are altered as follows:
Alterations to the solicitation, if any, will be issued as an Amendment.
(End of Provision)
Section 00 22 13 - Supplementary Instructions to Bidders
52.217-4 Evaluation Of Options Exercised At The Time Of Contract
Award
JUN 1988
Section 00 45 00 - Representations and Certifications
PRE-AWARD INFORMATION
PRE-AWARD INFORMATION
SECTION 00 45 00
1. Company Name and Address:
2. Point of Contact Name:
Email address:
Telephone Number:
Fax Number:
3. Electronic Transfer Payments will now be required for all new contracts. Do you currently receive Electronic Transfer Payments from this agency? (Agency codes 00005524/00006482)
Yes No
4. Name of Bank and Branch:
Personal Banker:
Telephone Number: Fax Number:
5. Name of Bonding Agent Company:
Agent’s Name:
Telephone Number: Fax Number:
6. Contractors are required, before receipt of contract award to ensure that their firm is registered in the government website entitled System for Award Management (SAM) and that all information required is current and up to date at https://www.sam.gov.
Ensure that your company’s information is updated for the following areas:
• CORE DATA: Ensure that your business types are correctly filled in.
• What is your business type?
(Examples of Business types: Small Business (SB), Small Disadvantaged Business (SDB), Woman-Owned Small Business (WOSB), Historically Underutilized Business Zone (HUBZone), Veteran-Owned Small Business (VOSB), Service-Disabled Veteran-Owned Small Business (SDVOSB), and SBA 8(a)).
• DUNS Number:
• CAGE Code:
• TAX ID:
https://www.sam.gov/
• REPS & CERTS: Ensure that you have certified the FAR and DFARs provisions (clauses) listed on the Reps & Certs pages.
• CORE DATA – Business Types updated: Yes Date:
• REPS & CERTS – Certified Yes Date:
7. Please provide the following information; it will not be used to evaluate or rank bids. It will be used solely as a reference check for our internal files. List no more than three projects that are substantially complete or have been completed within the last ten years that are similar to this project. Projects should be listed in the following order: Federal projects, state projects, city/county projects, and then commercial projects. Use the following format:
a) Title & Location of Project:
Agency/Company:
Point of Contact (Name &Title):
Email address:
Telephone Number: Award Amount: $ Years of Completion:
b) Title & Location of Project:
Agency/Company:
Point of Contact (Name &Title):
Email address:
Telephone Number: Award Amount: $ Years of Completion:
c) Title & Location of Project:
Agency/Company:
Point of Contact (Name &Title):
Telephone Number: Award Amount: $ Years of Completion:
8. List all outstanding uncompleted projects, in the following format:
a) Title of Project:
Agency/Company:
Award Amount: $ Est. Completion Date:
b) Title of Project:
Agency/Company:
Award Amount: $ Est. Completion Date:
52.204-16 Commercial and Government Entity Code Reporting JUL 2016
52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (OCT 2018)
(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 236220.
(2) The small business size standard is $36,500,000.
(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, 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) 52.209-2; 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 Delinquent 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) 52.223-1, 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.
(xvii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.
(xviii) 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.)
(xix) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.
(xx) 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 $80,317, the provision with its Alternate II applies.
(D) If the acquisition value is $80,317 or more but is less than $100,000, the provision with its Alternate III applies.
(xxi) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225- 5.
(xxii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.
(xxiii) 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.
(xxiv) 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:
X (i) 52.204-17, Ownership or Control of Offeror.
X (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.
52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS--CERTIFICATION (JUN 2018)
(a) This provision does not apply to acquisitions below the simplified acquisition threshold or to acquisitions of commercial items as defined at FAR 2.101.
(b) Certification. [Offeror shall check either (1) or (2).]
____ (1) The Offeror certifies that--
(i) It does not engage and has not engaged in any activity that contributed to or was a significant factor in the President's or Secretary of State's determination that a foreign country is in violation of its obligations undertaken in any arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. The determinations are described in the most recent unclassified annual report provided to Congress pursuant to section 403 of the Arms Control and Disarmament Act (22 U.S.C. 2593a). The report is available via the internet at https://www.state.gov/t/avc/rls/rpt/; and
(ii) No entity owned or controlled by the Offeror has engaged in any activity that contributed to or was a significant factor in the President's or Secretary of State's determination that a foreign country is in violation of its obligations undertaken in any arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. The determinations are described in the most recent unclassified annual report provided to Congress pursuant to section 403 of the Arms Control and Disarmament Act (22 U.S.C. 2593a). The report is available via the internet at https://www.state.gov/t/avc/rls/rpt/; or https://www.sam.gov/ https://www.state.gov/t/avc/rls/rpt/ https://www.state.gov/t/avc/rls/rpt/
____ (2) The Offeror is providing separate information with its offer in accordance with paragraph (d)(2) of this provision.
(c) Procedures for reviewing the annual unclassified report (see paragraph (b)(1) of this provision). For clarity, references to the report in this section refer to the entirety of the annual unclassified report, including any separate reports that are incorporated by reference into the annual unclassified report.
(1) Check the table of contents of the annual unclassified report and the country section headings of the reports incorporated by reference to identify the foreign countries listed there. Determine whether the Offeror or any person owned or controlled by the Offeror may have engaged in any activity related to one or more of such foreign countries.
(2) If there may have been such activity, review all findings in the report associated with those foreign countries to determine whether or not each such foreign country was determined to be in violation of its obligations undertaken in an arms control, nonproliferation, or disarmament agreement to which the United States is a party, or to be not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. For clarity, in the annual report an explicit certification of non-compliance is equivalent to a determination of violation. However, the following statements in the annual report are not equivalent to a determination of violation:
(i) An inability to certify compliance.
(ii) An inability to conclude compliance.
(iii) A statement about compliance concerns.
(3) If so, determine whether the Offeror or any person owned or controlled by the Offeror has engaged in any activity that contributed to or is a significant factor in the determination in the report that one or more of these foreign countries is in violation of its obligations undertaken in an arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. Review the narrative for any such findings reflecting a determination of violation or non-adherence related to those foreign countries in the report, including the finding itself, and to the extent necessary, the conduct giving rise to the compliance or adherence concerns, the analysis of compliance or adherence concerns, and efforts to resolve compliance or adherence concerns.
(4) The Offeror may submit any questions with regard to this report by email to NDAA1290Cert@state.gov. To the extent feasible, the Department of State will respond to such email inquiries within 3 business days.
(d) Do not submit an offer unless--
(1) A certification is provided in paragraph (b)(1) of this provision and submitted with the offer; or
(2) In accordance with paragraph (b)(2) of this provision, the Offeror provides with its offer information that the President of the United States has--
(i) Waived application under U.S.C. 2593e(d) or (e); or
(ii) Determined under 22 U.S.C. 2593e(g)(2) that the entity has ceased all activities for which measures were imposed under 22 U.S.C.2593e(b).
(e) Remedies. The certification in paragraph (b)(1) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly submitted a false certification, in addition to other remedies available to the Government, such as suspension or debarment, the Contracting Officer may terminate any contract resulting from the false certification.
mailto:NDAA1290Cert@state.gov
52.219-2 EQUAL LOW BIDS. (OCT 1995)
(a) This provision applies to small business concerns only.
(b) The bidder's status as a labor surplus area (LSA) concern may affect entitlement to award in case of tie bids. If the bidder wishes to be considered for this priority, the bidder must identify, in the following space, the LSA in which the costs to be incurred on account of manufacturing or production (by the bidder or the first-tier subcontractors) amount to more than 50 percent of the contract price.
(c) Failure to identify the labor surplus area as specified in paragraph (b) of this provision will preclude the bidder from receiving priority consideration. If the bidder is awarded a contract as a result of receiving priority consideration under this provision and would not have otherwise received award, the bidder shall perform the contract or cause the contract to be performed in accordance with the obligations of an LSA concern.
252.204-7007 ALTERNATE A, ANNUAL REPRESENTATIONS AND CERTIFICATIONS (DEC 2018)
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.
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