W912EQ22B0006-(Solicitation).pdf
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- Solicitation number
- W912EQ22B0006
About this file
This solicitation requests the construction of a temporary community housing site in Saint John The Baptist Parish, Louisiana. The work includes constructing 97 housing site pads with gravel roads and parking pads, along with potable water, sewer, electric power, and storm drainage infrastructure. An on-site waste water treatment plant, fencing, lighting, and other site amenities will also be provided. Excluded from this solicitation is the haul and installation of housing units, which will be performed by FEMA's LOG House contractor. The NAICS code for this opportunity is 238910 and it is set aside for Women-Owned Stafford Act Eligible Businesses. The magnitude of construction is estimated between $10 million to $15 million. The soliciting agency is the Department of the Army Corps of Engineers Engineering District Memphis.
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Text version
The general description of the w ork is to furnish all materials, equipment, labor, layouts of w ork features, and supervision needed to construct a temporary community housing site consisting of 97 housing site pads located at St. John The Baptist Parish, Louisiana. The site shall be developed to operational status so that Recreational Vehicles may be placed on home site pads. Work shall include constructing gravel roads, home site gravel pads, gravel parking pads, positive storm w ater drainage, potable w ater and sew er lines, on site w aste w ater treatment plant, electric pow er service, site lighting, fencing, and other miscellaneous site amenities. This w ork does not include the haul and install of Housing Units, w hich w ill be perf ormed by the FEMA LOG House contractor.
NAICS CODE: 238910
SET ASIDE: Women-Ow ned Stafford Act Eligible Business The Magnitude of this project is betw een: $10M-$15M
X
PRISCILLA G SWEENEY (901) 544-0775
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
01-Apr-2022
(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 _______5 calendar days and complete it w ithin ________60 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________52.211-10
12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?
(If "YES," indicate within how many calendar days after award in Item 12B.)
X YES NO
13. ADDITIONAL SOLICITATION REQUIREMENTS:
A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________ (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.
shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.
B. An offer guarantee is, X is not required.
C. All offers are subject to the (1) w ork requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.
D. Offers providing less than _______ calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.
SOLICITATION, OFFER,
AND AWARD
(Construction, Alteration, or Repair)
1. SOLICITATION NO.
IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.
4. CONTRACT NO.
7. ISSUED BY CODE
US ARMY ENGINEER DISTRICT, MEMPHIS
167 N MAIN STREET B202
MEMPHIS TN 38103-1894
W912EQ
PAGE OF PAGES
1 OF
CODE
(Title, identifying no., date):
12B. CALENDAR DAYS
(hour) Sealed envelopes containing offers
5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.
8. ADDRESS OFFER TO (If Other Than Item 7)
FAX:TEL: 901-544-3343 TEL: FAX:
W912EQ22B0006 184
April 8, 2022 2:00 p.m.
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
ITEM24. SUBMIT INVOICES TO ADDRESS SHOWN IN
(4 copies unless otherwise specifie)
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
W912EQ22B0006
Section 00 10 00 - Solicitation
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 Job Rainbow Group Site Hurricane IDA
The contractor shall furnish all materials, equipment, labor, layouts of work features, and supervision needed to construct a temporary community housing site consisting of 97 home site pads. The site shall be developed to operational status so that Recreational Vehicles may be placed on home site pads.
Work shall include constructing gravel roads, home site gravel pads, gravel parking pads, positive storm water drainage, potable water and sewer lines, on site wastewater treatment plant, electric power service, site lighting, fencing, and other miscellaneous site amenities. This work does not include the haul and install of Housing Units, which will be performed by the FEMA LOGHouse contractor.
FOB: Destination
PSC CD: Z2QA
NET AMT
Item # Item Quantity Unit of Measure Unit Price
WATER SERVICE
1 Fire Hydrant, Dry Barrel 36" Bury Depth 4 LF 2 3/4" Water Service Pipe 3,038 LF 3 3/4" Water Service Taps 99 EA 4 3/4" Water Service Shut Off Valves 99 EA 5 Water Service Coordination & Fees- Main to Meter Install by Utility 1 LS 6 4" Water Main Pipe 1,848 LF 7 4" Gate Valve w/ Cast Iron Box 2 EA 8 6" Water Main Pipe 3,358 LF 9 6" Gate Valve w/ Cast Iron Box 8 EA
10 6" Double Check Valve Backflow Preventer Assembly 1 EA
SEWER SERVICE
11 8" Gravity Sewer Pipe 4,535 LF 12 4" Gravity Sewer Service Pipe 2,745 LF 13 Cleanout (Service and Main Line) 102 EA 14 Main Line Service Tee/Wye 99 EA 15 Manhole (Typical) 12 EA 16 Connect to Existing Gravity Main 1 LS 17 Connect to Existing Manhole 1 LS
ELECTRICAL SERVICE
18 Connect to Electric Utility (All Costs Upstream of Metering Structure) 1 LS 19 30 KVA Pole Mounted Transformer 12 EA 20 75 KVA Pole Mounted Transformer 7 EA 21 112.5 KVA Pole Mounted Transformer 8 EA 22 Primary Power Pole 35 EA 23 Primary Overhead Circuit 4,842 LF 24 Primary Metering Structure 1 LS 25 Secondary Overhead Circuit 3,950 LF 26 Below Grade Secondary Circuit (Conduit & Conductors) 2,971 LF 27 Secondary Power Pole 60 EA
28 Site Lighting - Lamp Assembly 21 EA 29 MHU Service / Power Disconnect 99 EA
MISC. SITE SERVICE
30 Fencing - 6' with Privacy Screen 2,308 LF 31 Fencing - 8' with Privacy Screen 1,356 LF 32 Fencing Gates (Various Sizes) 1 EA 33 Post Mounted Street Sign 8 EA 34 Flexible Dileneator Posts 1 LS 35 Pet Waste Station 1 EA 36 Bus Stop (Not Including Concrete) 1 EA 37 Mail Box Assembly (Not Including Concrete) 1 EA 38 Dumpster Pad (Not Including Concrete) 1 EA 39 DOTD Driveway Apron (Inc. Concrete) 2 EA 40 Concrete - UFAS Pads, Misc. 58,370 SF 41 Aggregate - MHU Pads, UFAS Pads, Roads, Streets, Misc. 259,021 SF 42 Aggregate - Roads / Streets 111,674 SF
GENERAL
43 Overhead, Incidentals, and Other Costs Not Otherwise Specified 1 LS 44 Mobilization 1 LS 45 Demobilization 1 LS 46 Bonding 1 LS
Section 00 21 00 - Instructions
INSTRUCTION TO BIDDERS
CONDITIONS AND NOTICES TO BIDDERS
A. BIDDING MATERIAL – Copies of the Solicitation, Specifications, and drawings forms are available by INTERNET ACCESS ONLY. All solicitation documents will be posted through the (Contract Opportunities) website at: https://beta.sam.gov. Prospective Bidders should submit technical questions concerning this Invitation for Bid via Bidder Inquiry in ProjNet at www.projnet.org/projnet. (See Paragraph M Below). All other inquiries should be emailed to the Contract Specialist, BID DOCUMENTS: The following documents must be submitted with a bid:
1. SF 1442, Solicitation, Offer and Award
2. Schedule of bids/prices
3. All amendments must be acknowledged
4. Equipment List
5. Financial
6. Subcontractor Agreements
7. A statement from the prime to what work will be accomplish by the prime contractor.
B. REQUIRED SYSTEM FOR AWARD MANAGEMENT REGISTRATION - By submission of a bid, the bidder acknowledges the requirement that a prospective awardee must be registered in the beta.SAM.gov database prior to award, during performance, and through final payment of any contract resulting from this solicitation. Lack of registration in the SAM database will make a bidder ineligible for award. Bidders and contractors may obtain information on registration and annual confirmation requirements by calling 1-866-606-8220, or at:
https://beta.sam.gov
(1) Lack of registration in the beta.SAM.gov database will make a bidder ineligible for award. SEE CONTRACT CLAUSE 52.204-7 ENTITLED "System for Award Management”.
(2) Attention to contractor(s): Effective March 22, 2018, you must submit a notarized letter appointing the authorized entity administrator before your registration will be activated. This requirement now applies to both new and existing entities. Make sure your SAM profile includes “all awards” and not just “Federal Assistance Awards” as this option is only for grants and cooperative agreements. Please visit https://beta.sam.gov for more information.
C. SITE VISITS – There will be no organized site visits prior to the public opening of bids.
Bidders should inspect the site where the work will be performed. Site Visits may be coordinated by mail or telephone (COLLECT CALLS NOT ACCEPTED) between the hours of 7:30 AM and 3:00 PM, exclusive of Federal Holidays. The point of contract to schedule a site visit for this Invitation for Bids, Randy Persica, Area Engineer, at 504/862-2005 or email randy.j.persica@usace.amry.mil mailto:randy.j.persica@usace.amry.mil
D. CONDITIONS AFFECTING THE WORK - 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 that can affect the work or the cost thereof. Failure to do so will not relieve bidders from the responsibility for estimating properly the difficulty or cost of successfully performing the work. The Government will 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 Invitation for Bids, the specifications or related documents. See Section 00700, clause 52.236-3, entitled “Site Investigation and Conditions Affecting the Work”.
E. BID SUBMISSION INSTRUCTIONS - Due to the COVID-19 Global Pandemic, the Government is taking precautions to ensure the safety and health of all Contractors and Government employees. All submissions to this bid announcement shall be submitted electronically through DoD Safe. Bids will be opened at the time set for opening in the Invitation for Bids. Their content will be made public for the information of bidders and others interested. As soon as practicable after bid opening, an abstract of bids will be available through our web page at: https://beta.sam.gov Contract Opportunities under attachment Abstract.
(1) NO paper copies, CD-ROMs or facsimile submissions will be accepted. Electronic Proposal Submission is required through the Army’s Electronic File Sharing Service, DoD SAFE (https://safe.apps.mil).
(2) The DoD SAFE Application is used to send large files to individuals that would normally be too large to send via email. There are no user accounts for SAFE.
Authentication is handled via email. Anyone has access to DoD SAFE, and the application is available for use by anyone. See the attached SAFE “Getting Started Guide” has information on how to utilize the system (https://safe.apps.mil/about.php).
F. INSTRUCTIONS FOR UPLOADING FILES –
(1) Send an email to the Contracting Officer and Contract Specialist to receive the link to drop off your bids. This will need to be completed five (5) business days prior to bid due date.
a. Judy Stallion, Contract Specialist at: judy.e.stallion@usace.army.mil
b. Priscilla Sweeney, Contracting Officer at priscilla.g.sweeney@usace.army.mil
(2) You will receive an email with the link to submit your drop-off. The link will be provided no later than two (2) business days prior to the bid due date.
(3) Short Note to the Recipients: Click the Add Files or Drag and Drop your files. For file description, enter W912EQ22B0006-FIRMNAME.
(4) Click Upload button to send documents.
https://safe.apps.mil/ https://safe.apps.mil/about.php
(5) Guest users will need to check their email to verify their email address before the recipients will be notified. (Government-issued Common Access Cards ((CACs)) are not required).
File Size Limitations: Bidders are advised to follow the DoD SAFE instructions for uploading files. DoD SAFE supports delivery up to 8GB. If needed, Bidders are advised to break the files down into smaller sections to upload it to the system. In such cases, please divide the sections as logically as possible and be sure to clearly name the files as specified below.
File Naming Convention: To ensure your submission is received and processed appropriately, it is important that interested parties CAREFULLY ensure their electronic files adhere to the following naming convention:
• W912EQ22B0002-FIRMNAME-VOLUME I
• W912EQ22B0002-FIRMNAME-VOLUME II
Each file name shall begin with the solicitation number followed by the firm’s name and a brief file description. Please see examples above.
File Organization: Although hard copies are not accepted, each submittal shall be clearly indexed and logically assembled. Font size shall be 10 or larger. Pages shall be letter sized (larger page sizes (such as 11x17 foldouts, etc.) will be counted as two (2) pages.
Upload Completion & Deadline: Interested parties shall submit responses no later than the date specified on the solicitation document. The time & date of bid receipt will be the upload completion / delivery time & date recorded within DoD SAFE site. Do not assume that electronic submission will occur instantaneously. Large files (i.e. 10MB or more) will take some time to upload. Bidders should time their upload effort with prudence by not waiting until the last few minutes—this will allow for unexpected delays in the transmittal process. Bidders are encouraged to keep a copy of the upload confirmation for their record. Submissions after the deadline will be considered late and will be processed in accordance with FAR 52.214-7.
Electronic Files: Files shall be in their native format (i.e. doc, xls, ppt, etc.), or if in pdf format, shall be in searchable text. Text and graphics portfolios of the electronic copies shall be in a format readable by Microsoft Office or Adobe applications. Data submitted in a spreadsheet format shall be readable by MS Excel (all cells and formulas should be unlocked).
As another precaution, the Federal building is closed to the public for viewing. In lieu of this, there will be a conference phone line available for all who are interested in attending the bid opening. Bid opening call-in information:
USA Toll-Free: 1-844-800-2712 Access Code: 199 163 4164
G. BIDDER'S ADDRESS - Prospective bidders should indicate in the offer, the address to which payment and/or correspondence should be mailed, if such address is different from that shown for the bidder on Standard Form 1442 Block 14.
H. AMENDMENTS PRIOR TO DATE SET FOR OPENING BIDS - The right is reserved as the interest of the Government may require, to revise or amend the specifications or drawings or both prior to the date set for opening bids. Such revisions and amendments, if any, will be announced by an amendment or amendments to this Invitation for Bids. If the revisions and amendments are of a nature which requires material changes in quantities or prices bid or both, the date set for opening bids may be postponed by such number of days as in the opinion of the issuing officer will enable bidders to revise their bids. In such cases, the amendment will include an announcement of the new date for opening bids. See Section 00100, clause 52.214-3, “Amendments to Invitations for Bids”.
I. NOTICE TO BIDDERS - NINETY DAY OFFER GUARANTEE (See SF 1442 Block 13d) Bidders are advised to review CLASS DEVIATION REVISIONS-FAR 52.219-14-Limitations on Subcontracting (DEVIATION 2019-O0003) and 52.291-27 Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (DEVIATION 2019-O0003) implemented by the Small Business Administration in accordance with FAR part 19.
J. EXPLANATION OF PROVISION/CLAUSE NUMBERS UTILIZED IN THIS
SOLICITATION –
(1) Federal Acquisition Regulation (FAR) provisions/clauses are numbered as follows: 52.252-1.
(2) Defense Acquisition Regulation Supplement (DFARS) provisions/clauses are numbered as follows: 252.204-7000.
K. BIDDER’S QUALIFICATIONS - To establish its responsibility, the bidder may be requested by the Government to submit a statement regarding his previous experience in performing comparable work, his business and technical organization, financial resources (including recent financial statements or audits), plant available to be used in performing the work and, if applicable, an approved sub-contracting plan in accordance with FAR 9.104-1. All documents relevant to establish a bidder’s responsibility shall be made available. (See Section A
BIDDING MATERIAL)
(1). Business Integrity-The apparent successful bidder as a condition for award of any contract resulting from this solicitation may be required to execute a certificate related to Business Integrity.
(2). In accordance with the provisions of Subpart 36.201 (Evaluation of Contractor Performance) of the Federal Acquisition Regulation (FAR), Construction Contractor’s performance shall be evaluated throughout the performance or the contract. The United States Army Corps of Engineers (USACE) follows the procedures outlined in Engineering Regulation 415-1-17 to fulfill this FAR requirement. For construction contracts awarded at or above $100,000.00, USACE will evaluate Contractor’s Performance and prepare a performance report using the construction contractor appraisal support system (CPAR), which is now a web-based system. After an evaluation (interim or final) is written up by the USACE, the contractor will have the ability to access, review and comment on the evaluation for a period of 30 days. Accessing and using CPAR requires specific software, called PKI certification, which is installed on the user’s computer. The certification is a Department of Defense requirement and was implemented to provide security in electronic transactions. The certification software could cost approximately $110-$125 per certification per year and is purchase from an external certification authorities (ECA) vendor, current information about the PKI certification process and for contacting vendors can be found on the website:
http://www.cpars.navy.mil/. If the contractor wishes to participate in the performance evaluation process, access to CPAR and PKI certification is the sole responsibility of the contractor.
(3). In addition to examining the criteria in FAR 9.104-1, the bidder will be required to show past performance of a minimum of two (2) awarded or performed contracts during the last five years that involved experience in the removal and replacement of one or more Tier 4 diesel engines with a minimal rating of 1200 horsepower continuous duty. (Do not submit more than three (3) conforming projects in the bid.
L. NOTICE OF BONDS AND INSURANCE - The following bid/contract information is applicable only if the bid/contract is over one hundred fifty thousand dollars ($150,000):
(1) PERFORMANCE BONDS. The penal amount of the performance bond shall equal one hundred percent (100%) of the contract price. Bonds shall be received within ten (10) days after receipt of contract award. See Section 00700, clause 52.228-15, entitled “Performance and Payment Bonds – Construction”.
(2) PAYMENT BONDS: Within ten (10) days after receipt of contract award to the bidder whom award is made, one (1) bond, with good and sufficient surety or sureties acceptable to the Government shall be furnished; namely a Payment Bond (Standard Form 25A, REV. 8/2016).
The penal amount of such bonds shall equal one hundred percent (100%) of the contract price.
See Section 00700, clause 52.228-15, entitled “Performance and Payment Bonds – Construction”.
(3) INSURANCE: The accepted bidder shall provide adequate insurance, within ten (10) days after receipt of contract award. See Section 00800, entitled Insurance Requirements and Section 00 80 00.00 11, Special Contract Requirements --- Additional Insurance References.
M. POST AWARD SUBMITTAL REQUIREMENTS - Within ten (10) days after receipt of contract award, the contractor shall submit an acceptable performance bond, payment bond and certificate of insurance. Within fifteen (5) days after receipt of notice of award, the contractor shall provide an approved Accident Prevention Plan, Environmental Protection Plan and Quality Control Plan. (See Sections 1.2, 1.3, 1.5, 1.6, and 1.6.4 ) Within five
(5) days prior to commencement of work under this contract, the contractor shall submit to the http://www.cpars.navy.mil/
Contracting Officer’s Chief of Security, a list of all Personnel, Vehicles and Equipment that may be used during the construction work under this contract. (See Sections 00800)
N. NEGOTIATIONS AFTER SEALED BIDDING - The Government has the option to reject all bids received in response to the sealed bid advertisement and initiate negotiation.
Negotiations will include soliciting offers from each responsible bidder that submits a bid in response to the Invitation for Bids. If, after bid opening, the Contracting Officer determines that negotiations are in the best interest of the Government, the following steps will be followed:
(a) An amendment to the sealed bid advertisement will be issued to each responsible bidder changing the Invitation for Bids Number to Request for Proposals Number.
The amendment will also make any necessary changes to the scope of the work.
(b) A cover letter signed by the negotiator will accompany the amendment explaining the procedures to be followed during negotiations.
CLAUSES INCORPORATED BY REFERENCE
52.216-1 Type Of Contract APR 1984
CLAUSES INCORPORATED BY FULL TEXT
52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2022)
(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 238910.
(2) The small business size standard is $16,500,000.
(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees if the acquisition--
(i) Is set aside for small business and has a value above the simplified acquisition threshold;
(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or
(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.
(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.
(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:
( ) Paragraph (d) applies.
( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.
(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:
(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—
(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;
(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or
(C) The solicitation is for utility services for which rates are set by law or regulation.
(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.
(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation. This provision applies to all solicitations.
(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.
(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—
(A) Are not set aside for small business concerns;
(B) Exceed the simplified acquisition threshold; and
(C) Are for contracts that will be performed in the United States or its outlying areas.
(vi) 52.204-26, Covered Telecommunications Equipment or Services--Representation. This provision applies to all solicitations.
(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations--Representation.
(viii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.
(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.
(x) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.
(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.
(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract 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.
(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.
(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.
(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.
(xv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.
(xvi) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial products or commercial services.
(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.
(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.
(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.)
(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.
(xxi) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates 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 $92,319, the provision with its Alternate II applies.
(D) If the acquisition value is $92,319 or more but is less than $100,000, the provision with its Alternate III applies.
(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.
(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.
(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.
(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.
(2) The following representations or certifications are applicable as indicated by the Contracting Officer:
[Contracting Officer check as appropriate.]
(i) 52.204-17, Ownership or Control of Offeror.
(ii) 52.204-20, Predecessor of Offeror.
(iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.
(iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.
(v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.
(vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA- Designated Products (Alternate I only).
(vii) 52.227-6, Royalty Information.
(A) Basic.
(B) Alternate I.
(viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.
(d) The Offeror has completed the annual representations and certifications electronically in SAM accessed through https://www.sam.gov. After reviewing the SAM information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code https://www.sam.gov/ referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [ offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
FAR Clause Title Date Change
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.
(End of provision)
52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020)
(a) Definition. As used in this clause--
Commercial and Government Entity (CAGE) code means--
(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or
(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.
(b) Contractors shall ensure that the CAGE code is maintained throughout the life of the contract for each location of contract, including subcontract, performance. For contractors registered in the System for Award Management (SAM), the DLA Commercial and Government Entity (CAGE) Branch shall only modify data received from SAM in the CAGE master file if the contractor initiates those changes via update of its SAM registration. Contractors undergoing a novation or change-of-name agreement shall notify the contracting officer in accordance with subpart
42.12. The contractor shall communicate any change to the CAGE code to the contracting officer within 30 days after the change, so that a modification can be issued to update the CAGE code on the contract.
(c) Contractors located in the United States or its outlying areas that are not registered in SAM shall submit written change requests to the DLA Commercial and Government Entity (CAGE) Branch. Requests for changes shall be provided at https://cage.dla.mil. Change requests to the CAGE master file are accepted from the entity identified by the code.
(d) Contractors located outside the United States and its outlying areas that are not registered in SAM shall contact the appropriate National Codification Bureau (points of contact available at http://www.nato.int/structur/AC/135/main/links/contacts.htm) or NSPA at https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx to request CAGE changes.
(e) Additional guidance for maintaining CAGE codes is available at https://cage.dla.mil.
https://cage.dla.mil/ http://www.nato.int/structur/AC/135/main/links/contacts.htm https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx
(f) If the contract includes Federal Acquisition Regulation clause 52.204-2, Security Requirements, the contractor shall ensure that subcontractors maintain their CAGE code(s) throughout the life of the contract.
(End of Clause)
52.214-3 AMENDMENTS TO INVITATIONS FOR BIDS (DEC 2016)
(a) If this solicitation is amended, then all terms and conditions which are not modified remain unchanged.
(b) (1) Bidders shall acknowledge receipt of any amendment to this solicitation--
(i) By signing and returning the amendment;
(ii) By identifying the amendment number and date in space provided for this purpose on the form for submitting a bid;
(iii) By letter;
(iv) By facsimile, if facsimile bids are authorized in the solicitation; or
(v) By email, if email bids are authorized in the solicitation.
(2) The Government must receive the acknowledgement by the time and at the place specified for receipt of bids.
52.214-5 SUBMISSION OF BIDS (DEC 2016)
(a) Bids and bid modifications shall be submitted in sealed envelopes or packages (unless submitted by electronic means) (1) addressed to the office specified in the solicitation, and (2) showing the time and date specified for receipt, the solicitation number, and the name and address of the bidder.
(b) Bidders using commercial carrier services shall ensure that the bid is addressed and marked on the outermost envelope or wrapper as prescribed in subparagraphs (a)(1) and (2) of this provision when delivered to the office specified in the solicitation.
(c) Facsimile bids, modifications, or withdrawals, will not be considered unless authorized by the solicitation.
(d) Bids submitted by electronic commerce shall be considered only if the electronic commerce method was specifically stipulated or permitted by the solicitation.
CLAUSES INCORPORATED BY FULL TEXT
52.214-6 EXPLANATION TO PROSPECTIVE BIDDERS (APR 1984)
Any prospective bidder desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must request it in writing soon enough to allow a reply to reach all prospective bidders before the submission of their bids. Oral explanations or instructions given before the award of a contract will not be binding. Any information given a prospective bidder concerning a solicitation will be furnished promptly to all other prospective bidders as an amendment to the solicitation, if that information is necessary in submitting bids or if the lack of it would be prejudicial to other prospective bidders.
52.214-7 LATE SUBMISSIONS, MODIFICATIONS, AND WITHDRAWALS OF BIDS (NOV 1999)
(a) Bidders are responsible for submitting bids, and any modifications or withdrawals, so as to reach the Government office designated in the invitation for bids (IFB) by the time specified in the IFB. If no time is specified in the IFB, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that bids are due.
(b)(1) Any bid, modification, or withdrawal received at the Government office designated in the IFB after the exact time specified for receipt of bids is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late bid would not unduly delay the acquisition; and--
(i) If it was transmitted through an electronic commerce method authorized by the IFB, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of bids; or
(ii) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of bids and was under the Government's control prior to the time set for receipt of bids.
(2) However, a late modification of an otherwise successful bid that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.
(c) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the bid wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.
(d) If an emergency or unanticipated event interrupts normal Government processes so that bids cannot be received at the Government office designated for receipt of bids by the exact time specified in the IFB and urgent Government requirements preclude amendment of the IFB, the time specified for receipt of bids will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.
(e) Bids may be withdrawn by written notice received at any time before the exact time set for receipt of bids. If the IFB authorizes facsimile bids, bids may be withdrawn via facsimile received at any time before the exact time set for receipt of bids, subject to the conditions specified in the provision at 52.214-31, Facsimile Bids. A bid may be withdrawn in person by a bidder or its authorized representative if, before the exact time set for receipt of bids, the identity of the person requesting withdrawal is established and the person signs a receipt for the bid.
52.214-18 PREPARATION OF BIDS--CONSTRUCTION (APR 1984)
(a) Bids must be (1) submitted on the forms furnished by the Government or on copies of those forms, and (2) manually signed. The person signing a bid must initial each erasure or change appearing on any bid form.
(b) The bid form may require bidders to submit bid prices for one or more items on various bases, including--
(1) Lump sum bidding;
(2) Alternate prices;
(3) Units of construction; or
(4) Any combination of subparagraphs (1) through (3) above.
(c) If the solicitation requires bidding on all items, failure to do so will disqualify the bid. If bidding on all items is not required, bidders should insert the words "no bid" in the space provided for any item on which no price is submitted.
(d) Alternate bids will not be considered unless this solicitation authorizes their submission.
52.214-19 CONTRACT AWARD--SEALED BIDDING--CONSTRUCTION (AUG 1996)
(a) The Government will evaluate bids in response to this solicitation without discussions and will award a contract to the responsible bidder whose bid, conforming to the solicitation, will be most advantageous to the Government, considering only price and the price-related factors specified elsewhere in the solicitation.
(b) The Government may reject any or all bids, and waive informalities or minor irregularities in bids received.
(c) The Government may accept any item or combination of items, unless doing so is precluded by a restrictive limitation in the solicitation or the bid.
(d) The Government may reject a bid as nonresponsive if the prices bid are materially unbalanced between line items or subline items. A bid is materially unbalanced when it is based on prices significantly less than cost for some work and prices which are significantly overstated in relation to cost for other work, and if there is a reasonable doubt that the bid will result in the lowest overall cost to the Government even though it may be the low evaluated bid, or if it is so unbalanced as to be tantamount to allowing an advance payment.
(End of provison)
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.
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.
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.
52.222-12 CONTRACT TERMINATION--DEBARMENT (MAY 2014)
A breach of the contract clauses entitled Construction Wage Rate Requirements, Contract Work Hours and Safety Standards--Overtime Compensation, Apprentices and Trainees, Payrolls and Basic Records, Compliance with Copeland Act Requirements, Subcontracts (Labor Standards), Compliance with Construction Wage Rate Requirements and Related Regulations, or Certification of Eligibility may be grounds for termination of the contract, and for debarment as a Contractor and subcontractor as provided in 29 CFR 5.12.
(End of clause)
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
Non-SMSA Counties 27.7
SMSA Counties 19.2 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 Economic Area 113, St. John the Baptist: LA
(End of provision)
52.233-2 SERVICE OF PROTEST (SEP 2006)
(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from
Chief, Construction A/E Contracting Division ATTN: CEMVM-CT, Room 681 U.S. Army Corps of Engineers, Memphis District 167 N. Main Street, B-202 Memphis, TN 38103-1894
(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)
52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) – ALTERNATE I (FEB 1995)
(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.
(b) Site visits may be arranged during normal duty hours by contacting:
See notice to bidders.
252.204-7004 LEVEL I ANTITERRORISM AWARENESS TRAINING FOR CONTRACTORS (FEB 2019)
(a) Definition. As used in this clause--
Military installation means a base, camp, post, station, yard, center, or other activity under the jurisdiction of the Secretary of a military department or, in the case of an activity in a foreign country, under the operational control of the Secretary of a military department or the Secretary of Defense (see 10 U.S.C. 2801(c)(4)).
(b) Training. Contractor personnel who require routine physical access to a Federally-controlled facility or military installation shall complete Level I antiterrorism awareness training within 30 days of requiring access and annually thereafter. In accordance with Department of Defense Instruction O-2000.16 Volume 1, DoD Antiterrorism (AT) Program Implementation: DoD AT Standards, Level I antiterrorism awareness training shall be completed--
(1) Through a DoD-sponsored and certified computer or web-based distance…
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