W912ES22Q0083 Solicitation.pdf
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W81G6721782006
This Request for Quotes (RFQ) is being conducted using FAR Part 13 Simplif ied Acquisition Procedures (SAP).
This is not an Invitation for Bids (IFB) and no bid bond is required.
This procurement is set-aside 100% for 8(a) Program small business concerns under North American Industry Classification System (NAICS) code 238160, Roofing Contractors, w ith a small business size standard of $16,500,000.
This Construction contract w ill involve the full tear-off of existing asphalt shingle roofing materials from the Gull Lake Dam Tender's House, at Gull Lake Dam and Recreation Area, near Brainerd, MN in Cass County, a 2 story Craftsman Bungalow built in 1912. Contractor w ill supply performance and payment bonds, and shall install metal composite roofing material in a diamond pattern on the roof, gable ends, and dormers, adding flashing to eaves. Work includes the replacement of unsound w ood or substrate materials. Optional w ork includes replacement of chimney and adding chimney f lashing. The roof surface is approximately 2,269 sf. Existing painted surfaces may contain lead paint.
The estimated magnitude of construction for this project is betw een $100,000 and $250,000.
JOHN P RIEDERER 651-290-5614
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
02-Aug-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 _______10 calendar days and complete it w ithin ________ calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________52.211-10 Alt1
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 ______________22 Aug 2022 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.
shall be marked to show the offeror's name and address, the solicitation number, and the date and time of fers are due.
B. An offer guarantee 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 _______45 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
CONTRACTING DIVISION
USACE - ST PAUL
180 FIFTH STREET EAST
SUITE 700
SAINT PAUL MN 55101-1678
W912ES
PAGE OF PAGES
1 OF
CODE
(Title, identifying no., date):
12B. CALENDAR DAYS
11:00 AM (hour)
Sealed envelopes containing offers
5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.
8. ADDRESS OFFER TO (If Other Than Item 7)
FAX:TEL: 651-290-5414 TEL: FAX:
W912ES22Q0083 48
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
W912ES22Q0083
Section 00 10 00 - Solicitation
STATEMENT OF WORK
Scope of Work Roof Replacement
Gull Lake Dam, Dam Tender’s House U.S. Army Corps of Engineers, St. Paul District
Brainerd, Minnesota
1.0 GENERAL
1.1 Scope of Work. The work to be performed under this contract consists of furnishing all materials, equipment, supplies, labor, and transportation and performing all work as required by this Scope of Work according to the conditions of the Contract. The main objective of the work to be performed is tear off and replacement of the existing asphalt roofing materials with a metal composite material in a diamond pattern on the roof, gable ends, and dormers for the Gull Lake Dam tender house and adding flashing to eave joints.
Work also includes the replacement of unsound wood or substrate materials in connection to the roof replacement and flashing additions to the eave joints. Areas identified for wood replacement requires painting that matches existing paint color to include the priming of surfaces to be painted and application of three coats of the matching paint to new wood surfaces. Optional work to be performed includes the replacement of chimney and adding chimney flashing.
1.2 The Contractor shall follow OSHA regulations and contain and enclose all lead-based paint waste. All construction and refurbishment waste shall be disposed of properly according to all local, state, and federal laws. The house will be closed during the time work is being performed to allow the Contractor maximum flexibility in performing the work. The house is in good condition with some deterioration that needs to be addressed to avoid further damage.
1.3 This work ensures the U.S. Army Corps of Engineers, St. Paul District (USACE) meets obligations under Section 106 of the National Historic Preservation Act of 1966, as amended, and appropriate federal historic preservation standards are applied. In addition, the work ensures that the historic damtender’s house is returned to a higher level of historic and architectural integrity, that past and ongoing damage to the historic property is corrected, and the overall structural health and stability of the historic property is improved for future generations.
2.0 OBJECTIVE
2.1 The objective for this SOW is to implement repairs and rehabilitation efforts on the
Corps’ Gull Lake Damtender’s House (real property id GULL-10301).
3.0 BACKGROUND
3.1 The Gull Lake Dam Tender house is a two-story Craftsman Bungalow constructed in
1912 as part of a 14-building complex to house the person responsible for the care and maintenance of the Gull Lake Dam, put into operation in 1912. Of this 14-building complex, only the house, root cellar, and the boat house remain standing. In 1988 the Dam Tender house was determined eligible for listing on the National Register of Historic Places (NRHP), under Criterion “A” and possibly “C” as being “architecturally significant for its all-concrete construction and Craftsman style details,”.
3.2 The two-story house is a gable-roofed dwelling with a total combined roof surface of approximately 2269 square feet.
3.3 The original shingles, organized in a diamond pattern on the roof, gable ends, and dormers were replaced with asphalt shingles arranged in a rectangular, overlapping style common for today.
3.4 In 2014, the house was repainted to include replacement of unsound wood trim, removal of deteriorated paint on existing substrate, washing/cleaning of surfaces to be painted, priming of surfaces, and application of two surface coats. Work primarily included encapsulation of lead-based paint.
3.5 The United States government owns the Gull Lake Dam Tender’s house.
4.0 CRITERIA GOVERNING SERVICES
4.1 Services to be performed under this contract shall be performed in accordance with state, federal, and local laws and regulations and conform to all applicable requirements and criteria indicated in the U.S. Army Corps of Engineers Safety and Health Requirements Manual (EM 385-1-1). A copy of this manual can be found at:
https://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_ 385-1-1.pdf
5.0 GOVERNMENT FURNISHED ITEMS AND SERVICES
5.1 The Government will provide necessary access for the Contractor’s materials, equipment, and personnel.
6.0 SPECIFICATIONS
6.1 The Contracting Officer’s Representative and contact information will be provided at the time notice to proceed is given. The onsite Government point of contact during restoration work is Brian Turner, Gull Lake Recreation Area Park Manager at (651) 290- 5771.
6.2 The Contractor shall furnish all material, equipment, supplies, labor, transportation, and services required to accomplish the work described herein.
6.3 The Contractor shall be responsible for acquiring all applicable permits and inspections pursuant to the work being performed.
6.4 The Contractor shall provide and maintain temporary fencing throughout the time of work. Fencing is to provide control of access to the house, provide security and safety to the Contractor working onsite, and provide safety to the public using the surrounding area. Temporary fencing used and its installation will have minimal to no ground disturbance. The Contractor shall remove the temporary fencing upon completion of work and return the area to pre-construction conditions.
6.5 Hours of Operation: Contractor work hours shall be between daylight hours of 0700 am and sunset, Monday thru Friday. Any work to be completed outside of designated work hours shall be coordinated with the Contracting Officer a minimum of 48 hours prior to the time in which the work is to be done. The Government facility may be closed due to local or national emergencies, administrative closings, or similar Government directed facility closures. The Contractor will not be reimbursed when the government facility is closed for the above reasons.
7.0 LEAD REMOVAL
7.1 The Contractor shall complete in-kind replacement of unsound wood or substrate materials in connection to the roof replacement and flashing additions to the eave joints.
Existing painted wood surfaces may contain lead paint. The Contractor shall have an individual who is certified to address hazardous waste, specifically lead paint, and who is employed or subcontracted by the Contractor sign all appropriate disposal manifests prior to material leaving government property. Copies of all manifests shall be submitted to the Contracting Officer Representative.
7.2 The Contractor shall apply three coats of paint consisting of one primer coat and two cover coats on the new wood surfaces of the eaves and soffits. finished surface of the new paint system shall match the existing paint color. Each coat of paint shall be applied such that it provides a smooth uniform coating totally covering the surface on which it is applied and shall be free from drips, runs, and other imperfections. A paint sample for each color match shall be submitted to the Contracting Officer for approval prior to initiating painting.
8.0 CHIMNEY REPLACEMNT (OPTIONAL SERVICE)
8.1 The Contractor shall complete full removal and installation of the brick chimney and add flashing to base of chimney. Chimney is a brick-and-mortar chimney approximately 70 inches tall, 20 inches wide. All new chimney materials will match existing materials in color, size, and dimension.
9.0 SUBMITTALS
The Contractor shall provide the following submittals to the Contracting Officer for approval. Any delays resulting from the failure to gain approval of these submittals will not be the basis for any extension to the specified performance period.
9.1 Sample material of metal roof composite and pattern.
9.2 Sample material of replacement brick.
9.3 Construction Schedule: Provide a construction schedule in accordance with Clause 52.236-15 within 10 days after Notice to Proceed to include:
Scheduling of the entire project and individual work item sequencing including the dates on which the Contractor proposes starting and completing the overall project as well as all individual scheduled activities.
A Schedule Status Report on a monthly basis. At a minimum, the report, completed by the Contractor’s onsite coordinator, shall include records that summarize the completed work performed, problems encountered, resolution of problems, and anticipated requirements.
9.4 Accident Prevention Plan: Prepare a written plan as specified in accordance with Clause
52.236-13 and EM 385-1-1 within 30 days before physical work on site begins. The plan shall include but not be limited to:
Fall Protection Air Pollution Control Plan detailing provisions to assure that dust, debris, materials, trash, etc., do not become air borne and travel off the project site. Plan shall also include locations of proposed temporary dust- and noise-control partitions and means of egress from occupied areas coordinated with continuing on-site operations and other known work in progress.
Contaminant Prevention Plan to identify potentially hazardous substances to be used on the job site or that could result from work identified in this SOW;
methods to be used to deal with hazardous wastes to comply with pertinent regulations; actions to prevent introduction of such materials into the air, water, or ground; and to detail provisions for compliance with Federal, State, and local laws and regulations for storage and handling of these materials.
9.5 Waste Management Plan: Prepare a written waste management plan that is part of a waste management program taking a pro-active, responsible role in the management of construction and demolition waste and that requires all subcontractors, vendors, and suppliers to participate in the effort. Construction and demolition waste includes products of demolition or removal, excess or unusable construction materials, packaging materials for construction products, and other materials generated during the construction process but not incorporated into the work. This plan shall include debris removal plans that identify debris hauling routes, turning radii, and locations and details of temporary protective barriers within the immediate vicinity of the project.
9.6 Lead Waste Management Plan: Prepare a written lead waste management plan to comply with applicable requirements of federal, state, and local hazardous waste regulations regarding lead. Identify the Contractor’s employees or subcontractors responsible for removing, handling, storing, transporting, and disposing of lead waste materials. Comply with the applicable requirements of the current issue of 29 CFR 1926.62. Submit matters regarding interpretation of standards to the Contracting Officer for resolution before starting work. Where specification requirements and the referenced documents vary, the most stringent requirement shall apply.
9.7 Actions to Address Potential Release of Contaminants:
9.7.1 If a spill of petroleum or other contaminant occurs, the Contractor's immediate response shall be to proceed with measures to limit the further spread of contamination. Immediately following this initial response, the Contractor shall notify the local Fire Department, Contracting Officer, and appropriate local, state, and federal officials. This shall include the National Response Center (1-800-424- 8802) if a reportable quantity is released to the environment.
9.7.2 Subsequent to these actions, the Contractor shall take actions to clean up the spill as recommended by the Contracting Officer and at no cost to the Government. In the event that a personnel contamination occurs, the Contractor shall take immediate actions as prescribed by chemical manufacturer so as to protect the safety and health of the contaminated individual(s).
Figure 1. Gull Lake Dam Tender House Showing Diamond Pattern roofing
Figure 1. Gull Lake Dam Tender House, Blueprint of Tam Tender House Architectural Style
Figure 2. Gull Lake Dam Tender House, 1990's era roofing
Figure 4. Gull Lake Dam Tender’s House 2020
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 1 Set Performance and Payment Bonds
FFP
FOB: Destination
PURCHASE REQUEST NUMBER: W81G6721782006
PSC CD: Y1QA
NET AMT
0002 1 Job Removal of Existing Asphalt Shingle Roof
FFP
FOB: Destination
0003 1 Job Installation of Metal Composite Roofing
FFP
Installation of Metal Composit Roofing Material in Diamond Pattern on Roof, Gable Ends, and Dormers. Includes adding flashing to eave joints, and replacement of unsound wood or substrate materials. Areas identified for wood replacement will be primed and painted.
FOB: Destination
0004 1 Job OPTION OPTION -- Replacement of Chimney
FFP
Replacement of masonry chimney, including adding chimney flashing FOB: Destination
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 10 dys. ADC 1 CONTRACTING DIVISION
JOHN RIEDERER
USACE - ST. PAUL
180 FIFTH STREET EAST
SUITE 700
SAINT PAUL MN 55101-1678
(651) 290-5614 FOB: Destination
966323
0002 31-OCT-2022 1 GULL LAKE
CORRINE HODAPP
10867 E GULL LAKE DR. NW
BRAINERD MN 56401-9051
651-290-5790
W912ES
0003 31-OCT-2022 1 (SAME AS PREVIOUS LOCATION)
0004 31-OCT-2022 1 (SAME AS PREVIOUS LOCATION)
Section 00 21 00 - Instructions
INSTRUCTIONS TO OFFEROR
PLEASE E-MAIL ALL QUESTIONS to John Riederer, Contract Specialist, John.P.Riederer@usace.army.mil
This is a 100% 8(a) Program Small Business Set-Aside request for quotes (RFQ).
NAICS Code: 238160 Size Standard: $16.5 million
It is preferred that the quote is e-mailed to:
John Riederer, Contract Specialist, John.P.Riederer@usace.army.mil
OFFEROR SHALL BE REGISTERED IN SAM (System for Award Management) https://www.sam.gov to include the FAR and DFARS Reps and Certs sections with the NAICS code applicable to the solicitation.
For assistance with SAM, contact information is below:
SAM by GSA Hours of Operation: Monday – Friday 8am to 8pm ET, U.S. Calls 866-606-8220, Service desk website: http://www.fsd.gov/
Quotes must be RECEIVED no later than the Offer Due Date/Time listed in the SAM.gov solicitation posting.
Quotes received after the deadline are considered late, and may not be considered for award.
Quotes must include specific acknowledgement of all amendments to the solicitation (if any).
Quotes that do not acknowledge amendments may not be considered for award.
CLAUSES INCORPORATED BY REFERENCE
52.204-7 System for Award Management OCT 2018 52.222-5 Construction Wage Rate Requirements--Secondary Site of the
Work
MAY 2014
52.225-10 Alt I Notice of Buy American Requirement--Construction Materials (Feb 2009) Alternate I
MAY 2014
CLAUSES INCORPORATED BY FULL TEXT
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
2.2 percent 6.9 percent
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 Gull Lake Dam and Recreation Area, near Brainerd, MN (Cass County).
(End of provision)
52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995)
(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.
(b) Site visits may be arranged during normal duty hours by contacting:
Name: Corrine Hodapp - Supervisory Park Ranger Address: Corrine.K.Hodapp@usace.army.mil Telephone: 651-290-5790
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/
Section 00 45 00 - Representations and Certifications
52.204-16 Commercial and Government Entity Code Reporting AUG 2020 252.203-7005 Representation Relating to Compensation of Former DoD
Officials
NOV 2011
52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAY 2022)
(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 238160.
(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 is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).
(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.
(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.
(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.
(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).
(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.
(xv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.
(xvi) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial products or commercial services.
(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.
(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.
(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.)
(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.
(xxi) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates 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 referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [ offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
FAR Clause Title Date Change
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.
52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO
SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)
The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-- Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.
(a) Definitions. As used in this provision-
Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Prohibition.
(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.
115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.
115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."
(d) Representations. The Offeror represents that--
(1) It [ ___ ] will, [ ___ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and
(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--
It [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.
(e) Disclosures.
(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment--
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(ii) For covered services--
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment--
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
(ii) For covered services--
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
Section 00 70 00 - Conditions of the Contract
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 N/A N/A N/A Government 0002 N/A N/A N/A Government 0003 N/A N/A N/A Government 0004 N/A N/A N/A Government
52.203-19 Prohibition on Requiring Certain Internal Confidentiality
Agreements or Statements
JAN 2017
52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier
Subcontract Awards
JUN 2020
52.204-13 System for Award Management Maintenance OCT 2018 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and
Certifications.
DEC 2014
52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities
NOV 2021
52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment
NOV 2021
52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment
NOV 2021
52.209-10 Prohibition on Contracting With Inverted Domestic Corporations
NOV 2015
52.222-3 Convict Labor JUN 2003 52.222-6 Construction Wage Rate Requirements AUG 2018 52.222-7 Withholding of Funds MAY 2014 52.222-8 Payrolls and Basic Records JUL 2021 52.222-9 Apprentices and Trainees JUL 2005 52.222-10 Compliance with Copeland Act Requirements FEB 1988 52.222-11 Subcontracts (Labor Standards) MAY 2014 52.222-12 Contract Termination-Debarment MAY 2014 52.222-13 Compliance With Construction Wage Rate Requirements and
Related Regulations
MAY 2014
52.222-14 Disputes Concerning Labor Standards FEB 1988 52.222-15 Certification of Eligibility MAY 2014 52.222-19 Child Labor -- Cooperation with Authorities and Remedies JAN 2022 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016
52.222-27 Affirmative Action Compliance Requirements for Construction
APR 2015
52.222-36 Equal Opportunity for Workers with Disabilities JUN 2020 52.222-50 Combating Trafficking in Persons NOV 2021 52.222-55 Minimum Wages for Contractor Workers Under Executive
Order 14026
JAN 2022
52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2022 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts
AUG 2018
52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving
JUN 2020
52.223-20 Aerosols JUN 2016 52.223-21 Foams JUN 2016 52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 52.227-4 Patent Indemnity-Construction Contracts DEC 2007 52.228-2 Additional Bond Security OCT 1997 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.228-11 Individual Surety--Pledge of Assets FEB 2021 52.228-12 Prospective Subcontractor Requests for Bonds MAY 2014 52.228-15 Performance and Payment Bonds--Construction JUN 2020 52.232-5 Payments under Fixed-Price Construction Contracts MAY 2014 52.232-23 Assignment Of Claims MAY 2014 52.232-27 Prompt Payment for Construction Contracts JAN 2017 52.232-33 Payment by Electronic Funds Transfer--System for Award
Management
OCT 2018
52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business
Subcontractors
NOV 2021
52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.236-2 Differing Site Conditions APR 1984 52.236-5 Material and Workmanship APR 1984 52.236-7 Permits and Responsibilities NOV 1991 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements
APR 1984
52.236-12 Cleaning Up APR 1984 52.236-14 Availability and Use of Utility Services APR 1984 52.236-26 Preconstruction Conference FEB 1995 52.242-14 Suspension of Work APR 1984 52.243-5 Changes and Changed Conditions APR 1984 52.244-6 Subcontracts for Commercial Products and Commercial
Services
JAN 2022
52.246-21 Alt I Warranty of Construction (Mar 1994) - Alternate I APR 1984 52.249-1 Termination For Convenience Of The Government (Fixed
Price) (Short Form)
APR 1984
252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7015 Notice of Authorized Disclosure of Information for Litigation
Support
MAY 2016
252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or Hazardous Materials
SEP 2014
252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving
Reports
DEC 2018
252.232-7010 Levies on Contract Payments DEC 2006 252.236-7000 Modification Proposals-Price Breakdown DEC 1991 252.247-7023 Transportation of Supplies by Sea FEB 2019
52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984) -
ALTERNATE I (APR 1984)
The Contractor shall be required to (a) commence work under this contract within ten (10) calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 31 October 2022. The time stated for completion shall include final cleanup of the premises.
The completion date is based on the assumption that the successful offeror will receive the notice to proceed by 10 September 2022. The completion date will be extended by the number of calendar days after the above date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer.
(End of clause)
52.219-18 NOTIFICATION OF COMPETITION LIMITED TO ELIGIBLE 8(A) PARTICIPANTS (MAR 2020)
(a) Offers are solicited only from small business concerns expressly certified by the Small Business Administration (SBA) for participation in the SBA's 8(a) Program and which meet the following criteria at the time of submission of offer--
(1) The Offeror is in conformance with the 8(a) support limitation set forth in its approved business plan; and
(2) The Offeror is in conformance with the Business Activity Targets set forth in its approved business plan or any remedial action directed by the SBA.
(b) By submission of its offer, the Offeror represents that it meets all of the criteria set forth in paragraph (a) of this clause.
(c) Any award resulting from this solicitation will be made to the Small Business Administration, which will subcontract performance to the successful 8(a) offeror selected through the evaluation criteria set forth in this solicitation.
(d) The insert name of SBA's contractor shall notify the U.S. Army Corps of Engineers - St. Paul DistrictContracting Officer in writing immediately upon entering an agreement (either oral or written) to transfer all or part of its stock.
52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (SEP 2021)
(a) Definitions. As used in this clause--
Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.
Small business concern--
(1) Means a concern,…
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