W912HV-16-B-0002_Solicitation.pdf

FY15 DODEA MILCON PA00017 Replace Killin Elementary School, Camp Foster, Okinaw a, Japan

SECTION 00 10 00, SOLICITATION, CONTRACT LINE ITEM NUMBER (CLIN) SCHEDULE

SECTION 00 21 00, INSTRUCTION TO BIDDERS

SECTION 00 45 00, REPRESENTATIONS AND CERTIFICATIONS

SECTION 00 70 00, CONDITIONS OF THE CONTRACT

SECTION 00 73 00, SUPPLEMENTARY CONDITIONS

SPECIFICATIONS

DRAWINGS

NOTES:

a. See DELIVERY OF BIDS/OFFERS. Hand-carried bids/proposals shall be delivered to Room 147, as indicated in Block 8.

b. The Bidder is required to compete and return this form (Standard Form 1442), Section 00 10 00, and 00 45 00 in paper form.

X

JIRO MIYAIRI 046-407-8837

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

15-Jul-2016

(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 ________1406 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 specified in Item 8 by ___________ local time ______________01 Sep 2016 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee X is, is not required.

C. All offers are subject to the (1) w ork requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than _______120 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-JAPAN DISTRICT

RM 147, BLDG. 250

CAMP ZAMA

ZAMA-CITY, KANAGAWA 252-8511

JAPAN

W912HV

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

02:00 PM (hour)

Sealed envelopes containing offers

5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.

8. ADDRESS OFFER TO (If Other Than Item 7)

046-253-8749FAX:TEL: 046-252-0994 TEL: FAX:

W912HV-16-B-0002 56

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

SOLICITATION, OFFER, AND AWARD (Continued) (Construction, Alteration, or Repair)

CODE FACILITY CODE

17. The offeror agrees to perform the w ork required at the prices specif ied below in strict accordance w ith the terms of this solicitation, if this offer is accepted by the Government in w riting w ithin ________ calendar days after the date offers are due.

the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS SEE SCHEDULE OF PRICES

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

CODE27. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY

(Include ZIP Code)14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NO. (Include area code)

See Item 14

(Include only if different than Item 14)16. REMITTANCE ADDRESS

30B. SIGNATURE

29. AWARD (Contractor is not required to sign this document.)

document and return _______ copies to issuing office.) Contractor agrees Your of f er on this solicitation, is hereby accepted as to the items listed. This award con-to f urnish and deliv er all items or perf orm all work, requisitions identif ied summates the contract, which consists of (a) the Gov ernment solicitation and on this f orm and any continuation sheets f or the consideration stated in this y our of f er, and (b) this contract award. No f urther contractual document is contract. The rights and obligations of the parties to this contract shall be necessary .

gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certif ications, and specif ications or incorporated by ref er-ence in or attached to this contract.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)

30C. DATE

(Type or print)

TEL: EMAIL:

31B. UNITED STATES OF AMERICA 31C. AWARD DATE

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

SECTION 00 10 00

SUPPLIES OR SERVICES AND PRICE/COSTS

BIDDING SCHEDULE

REPLACE KILLIN ELEMENTARY SCHOOL

CAMP FOSTER, OKINAWA, JAPAN

Item No.

Description

Quant

Unit

Amount

0001 Replace/Renovate E. C. Killin

Elementary School, Camp Foster, Okinawa, Japan

1 JB ¥_______________

0002 Demolition of Existing E.C. Killin Elementary School

1 JB ¥_______________

TOTAL BASE SCHEDULE (Item No. 0001 thru 0002) ¥_______________

OPTION ITEMS

0003 Canopies (excluding portion of Main Entrance) refer to drawings

1 JB ¥_______________

0004 Selected Landscape/Hardscape Areas #1 1 JB ¥_______________

0005 Selected Landscape/Hardscape Areas #2 1 JB ¥_______________

0006 Season TWO Commissioning 1 JB ¥_______________

0007 Permanent Access Road 1 JB ¥_______________

TOTAL OPTION ITEMS (Item No. 0003 thru 0007) ¥_______________

TOTAL BIDDING SCHEDULE (ITEM NO. 0001 thru 0007)

Notes:

1. Failure of the bidder to bid prices for all line items in the Bidding Schedule may be cause for rejection of the bid as nonresponsive.

W912HV-16-B-0002

2. Any reference to "bid," "bidder," or "bidding schedule" shall be construed to mean "offer," "offeror," and "proposal schedule," respectively.

3. The Government reserves the right to exercise the Option item within one hundred twenty

(120) calendar days after award of the Base Schedule item in the quantity and at the price stated in the bid schedule.

4. See Section 01 10 26.70 33, Subparagraph 3.3.2 for additional line item description.

5. See Section 01 01 50, PHASING OF WORK for phasing requirements.

6. LEGEND: JB = Job

Section 00 21 00 - Instructions

1. DELIVERY OF BIDS/OFFERS (MAR 2014).

a. Each bidder/offeror is solely responsible for ensuring that their bid/offer is received by the Government as specified in the solicitation. Please read the following statements to ensure timely submittal of your bid/offer:

(1) Closely coordinate the delivery of your bid/offer in sufficient time before the bid opening date/proposal due date.

(2) Bids/offers will not be accepted at the main gate of Government facilities.

(3) Valid picture identification is required for entry into Government facilities.

b. For Japanese visitors, Residential Registration Card, Passport, or Japanese Driver's License are considered valid picture Identification. Those individuals using a newly issued Japanese driver’s license with an Identity Code (IC) chip as a form of identification will be required to enter an 8 digit Personal Identification Number (PIN) into an IC Chip Reader.

Individuals are granted 3 attempts to input their PIN and will be denied access if they are unable to input the correct PIN. To obtain or reset the PIN code, individuals should go to their local Japanese police driver’s licensing center for assistance.

c. For non-Japanese visitors, Passport or Alien Registration Card are considered valid picture identification.

d. The Government will not escort or provide any base access to any door-to-door service company.

e. For bids/offers addressed to Camp Zama.

(1) The Japan Post has access to Camp Zama.

(2) If you decide to hand-carry your bid/offer to Camp Zama, please allow sufficient time to have a Government personnel meet your representative(s) at the Camp Zama main gate, sign your representative(s) in, and be escorted to our office. We suggest arriving at the gate to Camp Zama at least 30 minutes before the closing time for bid/offer acceptance.

2. SOLICITATIONS FOR LOCAL SOURCES ONLY. This contract will be performed in its entirety in the country of Japan and is intended only for local sources. (See Federal Acquisition Regulation 5.202(a)(12) and Paragraph titled, ”Offeror Eligibility”.) (JED APR 2006)

3. SUBMISSIONS OF OFFERS IN JAPANESE YEN. Offers submitted in response to this solicitation shall be in terms of Japanese Yen, including any required bid guarantee. Offers received in other than Japanese Yen shall be rejected.

4. MAGNITUDE OF THE PROPOSED PROJECT. The estimated price range of this work is between ¥2,500,000,000 and ¥10,000,000,000 [FAR 36.204].

5. REQUEST FOR EXPLANATION OR INTEPRETATION. Request for explanation or interpretation of the solicitation, drawings, specifications, etc., must be submitted to the Government point of contact by August 11, 2016.

6. BONDING THRESHOLDS (MAR 2015).

a. Under the Federal Acquisition Streamlining Act of 1994, Public Law 103-355 (FASA), the Miller Act (40 U.S.C. 270a-270f) no longer applies to contracts that do not exceed the amount of $150,000. Therefore, the Government will not require the successful bidder to furnish a performance bond if it appears that award of a contract to the bidder will be in an amount of ¥17,250,000 or less.

b. The government requires a bid guarantee to accompany a bid when a performance bond will be required under the resulting contract. Therefore, under this solicitation, any bid that is in excess of ¥17,250,000 shall be accompanied by a bid guarantee, in the form and amount that is required by provision "52.228-1, BID GUARANTEE," and other pertinent provisions and clauses in this solicitation. Failure to submit a bid guarantee in such case may render the bid non-responsive to the solicitation.

c. A bid under this solicitation that does not exceed ¥17,250,000 shall not require a bid guarantee to be submitted with the bid. Absence of a bid guarantee in such case will not, in and of itself, render the bid non-responsive to the solicitation.

7. PERFORMANCE BOND (MAR 2015).

a. Applicable to contracts exceeding ¥17,250,000.

b. Within 10 calendar days after the date of receipt of the award letter, the bidder to whom award is made shall furnish the Government with a performance bond (Standard Form 25) with good and sufficient surety or sureties acceptable to the Government. The penal sum of the Performance Bond shall equal one hundred percent (100%) of the contract price.

c. Performance bond will be furnished by the Contractor to the Government prior to issuance by the Government of a Notice to Proceed. (FAR 28.102-3) [0000-4124]

8. SAFETY STANDARDS. The successful offeror will be required to comply with the Occupational Safety and Health Act (OSHA) standards as well as the Corps of Engineers Manual 385-1-1, Safety and Health Requirements Manual.

9. PERFORMANCE OF WORK BY THE CONTRACTOR – DEFINED. For the purpose of Clause entitled, "PERFORMANCE OF WORK BY THE CONTRACTOR", of Special Contract Requirements, work on the site with the Contractor's own organization means physical activities at the site other than work performed by subcontractors, procurement of materials for installation by subcontractors, or providing equipment to be used solely by subcontractors.

10. PRORATED COSTS. All costs pertaining to the performance of work under the contract over and above the direct costs for the work shall be prorated to and included in the price quoted for each item in the Bidding Schedule.

11. SPECIAL TREATMENT OF PACKAGING OF EQUIPMENT AND MATERIAL. Bidders are cautioned that equipment and material requiring ocean transportation may be subjected to inordinate dangers and special treatment or packaging may be necessary to assure arrival in a condition conforming to contract requirements.

12. SIGNATURE ON OFFERS. Offers must be signed by an officer of the company or an individual who is authorized to sign offers for and on behalf of the company. An individual, other than an officer of the company, who signs an offer must submit evidence of his authority to sign such offer. This evidence must accompany the offer. Failure to comply with this requirement may be cause for rejection of the offer.

13. JOINT VENTURE. In the event the offeror is a joint venture, the offer must be signed by an authorized representative of each participant in the joint venture. Failure to comply with this requirement may be cause for rejection of the offer.

14. OFFEROR ELIGIBILITY. Only local sources will be considered under this solicitation.

Local sources are sources (e.g. corporations, partnerships, or Joint Ventures [For a Joint Venture, the Joint Venture as an independent entity must satisfy the local source requirements or, in the alternative, each member of the Joint Venture must individually satisfy the local source requirements]) that are physically located in Japan and authorized (i.e. licensed and registered) to perform in Japan, the type of construction work specific in this solicitation. Specifically, a prospective offeror must be duly authorized to operate and conduct business in Japan and must fully comply with all laws, decrees, labor standards, and regulations of Japan during the performance of the resulting contracts. In addition, prior to award of the contracts, offerors must be registered with the Government of Japan to do construction work in Japan and possess necessary construction licenses and permits to perform work required under this solicitation.

The U.S. Government will not offer “United States Official Contractor” status under Article XIV of the US-Japan Status of Forces Agreement (SOFA) to U.S. contractors normally resident in the United States; nor will the U.S. Government certify employees of such contractors as “Members of the Civilian Component” under Article I(b) of the SOFA.

15. JAPANESE CONSUMPTION TAX (APR 2014). Effective April 1, 2014, the Government of Japan increased the rate of Japanese Consumption Tax from 5% to 8%. By virtue of Article XII of the Status of Forces Agreement (SOFA), materials, supplies, equipment and services procured for official purposes in Japan by the United States armed forces, or its authorized procurement agencies are EXEMPT from various Japanese Taxes, including Consumption Tax.

The exemption from the Japanese Consumption Tax applies not only to Japanese prime contractors, but also to Japanese subcontractors or suppliers at every level regardless of the nationality of the prime contractor whether a Japanese or a Foreign firm. The instruments listed hereinafter have been agreed to by both governments of Japan and the U.S. as "Proof of Purchase by U.S. Forces in Japan.”

Standard Form 1034 Public Voucher for Purchases and Services other than Personal

DD Form 1155 Order for Supplies or Services

Standard Form 44 Purchase Order-Invoice-Voucher

ENG Form 93 Payment Estimate

Therefore, Japanese Consumption Tax shall NOT be included in your bid, proposal or quote.

16. DEFINITION OF THE WORDS ITEM/ITEMS.

a. This solicitation contains a single schedule for award to a single bidder.

b. For the purpose of this solicitation, the words "ITEM" and "ITEMS" as used in provision(s) of this section shall be construed to mean "SCHEDULE" and "SCHEDULES", respectively.

17. ACCEPTABLE SURETIES (MAR 2013). Notwithstanding the statement contained in paragraph (d) of the clause, FAR 52.228-15, "Performance and Payment Bonds - Construction (OCT 2010)", concerning the acceptable corporate sureties appearing on the Treasury Department Circular 570, a corporate surety that has received official approval to execute bid bonds (Standard Form 24) and performance bonds (Standard Form 25) on United States Forces Japan construction projects from the Government of Japan will be considered an acceptable surety. Banks are not acceptable sureties; bid bonds and performance bonds executed by banks will be rejected.

18. FUNDING. Funds are not presently available for this acquisition. No contract award will be made until appropriated funds are made available.

19. ARITHMETIC DISCREPANCIES.

a. For the purpose of initial evaluations of bids, the following will be utilized in the resolving arithmetic discrepancies found on the face of bidding schedule as submitted by the bidder:

(1) Obviously misplaced decimal points will be corrected;

(2) Discrepancy between unit price and extended price, the unit price will govern;

(3) Apparent errors in extension of unit prices will be corrected;

(4) Apparent errors in addition of lump-sum and extended prices will be corrected.

b. For the purpose of bid evaluation, the government will proceed on the assumption that the bidder intends his bid to be evaluated on basis of the unit prices, the totals arrived at by resolution of arithmetic discrepancies as provided above and the bid will be so reflected on the abstract of bids.

c. These correction procedures shall not be used to resolve any ambiguity concerning which bid is low.

20. MODIFICATIONS PRIOR TO CLOSING DATE SET FOR OPENING OF 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 of 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 of bid or both, the date set for opening of 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.

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management JUL 2013 52.204-16 Commercial and Government Entity Code

Reporting

JUL 2015

52.211-2 Availability of Specifications, Standards, and Data Item Descriptions Listed in the Acquisition Streamlining and Standardization Information System (ASSIST)

APR 2014

52.214-3 Amendments To Invitations For Bids DEC 1989 52.214-4 False Statements In Bids APR 1984 52.214-5 Submission Of Bids MAR 1997 52.214-6 Explanation To Prospective Bidders APR 1984 52.214-7 Late Submissions, Modifications, and Withdrawals of Bids

NOV 1999

52.214-18 Preparation of Bids-Construction APR 1984 52.214-19 Contract Award-Sealed Bidding-Construction AUG 1996 52.217-5 Evaluation Of Options JUL 1990 52.222-56 Certification Regarding Trafficking in Persons

Compliance Plan.

MAR 2015

52.223-1 Biobased Product Certification MAY 2012 52.223-4 Recovered Material Certification MAY 2008 252.204-7004 Alt A

System for Award Management Alternate A FEB 2014

252.204-7008 Compliance With Safeguarding Covered Defense Information Controls

DEC 2015

CLAUSES INCORPORATED BY FULL TEXT

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a firm fixed-price contract resulting from this solicitation.

(End of provision)

52.228-1 BID GUARANTEE (SEP 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds, (1) to unsuccessful bidders as soon as practicable after the opening of bids, and (2) to the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.-

(c) The amount of the bid guarantee shall be 20 percent of the bid price or ¥345,000,000, whichever is less.-

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.-

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from

CONTRACTING DIVISION-Contracting Officer

USACE-JAPAN DISTRICT

RM 147, BLDG 250

CAMP ZAMA

ZAMA-CITY, KANAGAWA 252-8511

JAPAN

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) – 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 investigation will be conducted with the following schedule:

(i) Date and Time: Thursday, August 4, 2016 at 14:00 hours (tentative)

(ii) Location of Meeting: Zukeran Elementary School South Parking Lot, Camp Foster, Okinawa, Japan

(iii) Point of Contact (POC): Mr. Bryan C. Ciccocioppo, TEL: 098-970-9531, Bryan.C.Ciccocioppo@usace.army.mil

(c) Base Access Requirements

(i) Camp Foster base access is required. A maximum of three (3) personnel per company (prospective offeror) will be permitted to attend the site investigation.

(ii) If the prospective offeror requires a day base access pass (personnel and\or Vehicle), the offeror shall provide a roster of attendees to the aforementioned POC, ten (10) days prior to the site investigation date. Roster shall contain the Company Name, Individual(s) Name, and a copy (front and back) of the individual’s photo identification (ID). On the day of the site investigation pre-approved personnel shall require a Photo ID to enter the base.

(iii) For vehicle base access provide a copy of the vehicle registration and proof of insurance (JCI) ten (10) days prior to the site investigation date.

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):

http://farsite.hill.af.mil/

(End of provision)

Section 00 45 00 - Representations and Certifications

52.209-7 Information Regarding Responsibility Matters JUL 2013 252.203-7005 Representation Relating to Compensation of

Former DoD Officials

NOV 2011

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (APR 2016)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 236220.

(2) The small business size standard is not applicable.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

( ) Paragraph (d) applies.

( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(iv) 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.

(v) 52.209-2; Prohibition on Contracting with Inverted Domestic Corporations--Representation.

(vi) 52.209-5; Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(vii) 52.209-11, Representation by Corporations Regarding elinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(viii) 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.

(ix) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(x) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(xi) 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.

(xii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xiii) 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.

(xiv) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xv) 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.

(xvi) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.

(xvii) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xviii) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $77,533, the provision with its Alternate II applies.

(D) If the acquisition value is $77,533 or more but is less than $100,000, the provision with its Alternate III applies.

(xix) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xx) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan-- Certification. This provision applies to all solicitations.

(xxi) 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.

(xxii) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

(i) 52.204-17, Ownership or Control of Offeror.

(ii) 52.204-20, Predecessor of Offeror.

(iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

(iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.

(v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.

(vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Alternate I only).

(vii) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

(viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date].

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

252.203-7996 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE

CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS—REPRESENTATION

(DEVIATION 2016-O0003)(OCT 2015)

(a) In accordance with section 101(a) of the Continuing Appropriations Act, 2016 (Pub. L. 114-

53) and any subsequent FY 2016 appropriations act that extends to FY 2016 funds the same restrictions as are contained in section 743 of division E, title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), none of the funds appropriated (or otherwise made available) by this or any other Act may be used for a contract with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contactors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(b) The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(c) Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contactors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

252.204-7007 ALTERNATE A, ANNUAL REPRESENTATIONS AND CERTIFICATIONS

(JAN 2015)

Substitute the following paragraphs (d) and (e) for paragraph (d) of the provision at FAR 52.204- 8:

(d)(1) The following representations or certifications in the System for Award Management (SAM) database are applicable to this solicitation as indicated:

(i) 252.209-7003, Reserve Officer Training Corps and Military Recruiting on Campus-- Representation. Applies to all solicitations with institutions of higher education.

(ii) 252.216-7008, Economic Price Adjustment--Wage Rates or Material Prices Controlled by a Foreign Government. Applies to solicitations for fixed-price supply and service contracts when the contract is to be performed wholly or in part in a foreign country, and a foreign government controls wage rates or material prices and may during contract performance impose a mandatory change in wages or prices of materials.

(iii) 252.222-7007, Representation Regarding Combating Trafficking in Persons, as prescribed in

222.1771. Applies to solicitations with a value expected to exceed the simplified acquisition threshold.

(iv) 252.225-7042, Authorization to Perform. Applies to all solicitations when performance will be wholly or in part in a foreign country.

(v) 252.225-7049, Prohibition on Acquisition of Commercial Satellite Services from Certain Foreign Entities--Representations. Applies to solicitations for the acquisition of commercial satellite services.

(vi) 252.225-7050, Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism. Applies to all solicitations expected to result in contracts of $150,000 or more.

(vii) 252.229-7012, Tax Exemptions (Italy)--Representation. Applies to solicitations when contract performance will be in Italy.

(viii) 252.229-7013, Tax Exemptions (Spain)--Representation. Applies to solicitations when contract performance will be in Spain.

(ix) 252.247-7022, Representation of Extent of Transportation by Sea. Applies to all solicitations except those for direct purchase of ocean transportation services or those with an anticipated value at or below the simplified acquisition threshold.

(2) The following representations or certifications in SAM are applicable to this solicitation as indicated by the Contracting Officer: [Contracting Officer check as appropriate.]

____ (i) 252.209-7002, Disclosure of Ownership or Control by a Foreign Government.

____ (ii) 252.225-7000, Buy American--Balance of Payments Program Certificate.

____ (iii) 252.225-7020, Trade Agreements Certificate.

____ Use with Alternate I.

_X_ (iv) 252.225-7031, Secondary Arab Boycott of Israel.

____ (v) 252.225-7035, Buy American--Free Trade Agreements--Balance of Payments Program Certificate.

____ Use with Alternate I.

____ Use with Alternate II.

____ Use with Alternate III.

____ Use with Alternate IV.

____ Use with Alternate V.

(e) The offeror has completed the annual representations and certifications electronically via the SAM Web site at https://www.acquisition.gov/. After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in FAR 52.204-8(c) and paragraph (d) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer, and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below ____ [offeror to insert changes, identifying change by provision number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR/DFARS

Clause #

Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications located in the SAM database.

252.209-7991 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID

DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL

LAW—FISCAL YEAR 2016 APPROPRIATIONS (DEVIATION 2016-O0002) (OCT 2015)

(a) In accordance with section 101(a) of the Continuing Appropriations Act, 2016 (Pub. L. 114-

53) and any subsequent FY 2016 appropriations act that extends to FY 2016 funds the same restrictions as are contained in sections 744 and 745 of division E, title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), none of the funds made available by this or any other Act may be used to enter into a contract with any corporation that—

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that—

(1) It is [ ___ ] is not [ ___ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability,

(2) It is [ ___ ] is not [ ___ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

252.229-7001 TAX RELIEF (SEPT 2014)

(a) Prices set forth in this contract are exclusive of all taxes and duties from which the United States Government is exempt by virtue of tax agreements between the United States Government and the Contractor's government. The following taxes or duties have been excluded from the contract price:

NAME OF TAX: (Offeror Insert) RATE (PERCENTAGE): (Offeror Insert)

(b) The Contractor's invoice shall list separately the gross price, amount of tax deducted, and net price charged.

(c) When items manufactured to United States Government specifications are being acquired, the Contractor shall identify the materials or components intended to be imported in order to ensure that relief from import duties is obtained. If the Contractor intends to use imported products from inventories on hand, the price of which includes a factor for import duties, the Contractor shall ensure the United States Government's exemption from these taxes. The Contractor may obtain a refund of the import duties from its government or request the duty-free import of an amount of supplies or components corresponding to that used from inventory for this contract.

(End of clause)

Section 00 70 00 - Conditions Of The Contract

52.202-1 Definitions NOV 2013 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-7 Anti-Kickback Procedures MAY 2014 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity

MAY 2014

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity

MAY 2014

52.203-12 Limitation On Payments To Influence Certain Federal Transactions

OCT 2010

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights

APR 2014

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

MAY 2011

52.204-9 Personal Identity Verification of Contractor Personnel

JAN 2011

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

OCT 2015

52.204-13 System for Award Management Maintenance JUL 2013 52.204-18 Commercial and Government Entity Code

Maintenance

JUL 2015

52.204-19 Incorporation by Reference of Representations and Certifications.

DEC 2014

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

OCT 2015

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

JUL 2013

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.210-1 Market Research APR 2011 52.211-13 Time Extensions SEP 2000 52.214-26 Audit and Records--Sealed Bidding OCT 2010 52.214-27 Price Reduction for Defective Certified Cost or

Pricing Data - Modifications - Sealed Bidding

AUG 2011

52.214-28 Subcontracting Certified Cost Or Pricing Data-- Modifications--Sealed Bidding

OCT 2010

52.222-50 Combating Trafficking in Persons MAR 2015 52.223-2 Affirmative Procurement of Biobased Products

Under Service and Construction Contracts

SEP 2013

52.223-3 Hazardous Material Identification And Material Safety Data

JAN 1997

52.223-5 Pollution Prevention and Right-to-Know Information

MAY 2011

52.223-10 Waste Reduction Program MAY 2011 52.223-15 Energy Efficiency in Energy-Consuming Products DEC 2007 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

MAY 2008

52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving

AUG 2011

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.227-4 Patent Indemnity-Construction Contracts DEC 2007 52.228-2 Additional Bond Security OCT 1997 52.228-3 Worker's Compensation Insurance (Defense Base

Act)

JUL 2014

52.228-4 Workers' Compensation and War-Hazard Insurance Overseas

APR 1984

52.228-11 Pledges Of Assets JAN 2012 52.228-14 Irrevocable Letter of Credit NOV 2014 52.229-6 Taxes--Foreign Fixed-Price Contracts FEB 2013 52.232-5 Payments under Fixed-Price Construction

Contracts

MAY 2014

52.232-17 Interest MAY 2014 52.232-27 Prompt Payment for Construction Contracts MAY 2014 52.232-33 Payment by Electronic Funds Transfer--System for

Award Management

JUL 2013

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-1 Disputes MAY 2014 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 52.236-3 Site Investigation and Conditions Affecting the

Work

APR 1984

52.236-5 Material and Workmanship APR 1984 52.236-6 Superintendence by the Contractor APR 1984 52.236-7 Permits and Responsibilities NOV 1991 52.236-8 Other Contracts APR 1984 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

APR 1984

52.236-10 Operations and Storage Areas APR 1984 52.236-11 Use and Possession Prior to Completion APR 1984 52.236-12 Cleaning Up APR 1984 52.236-13 Alt I Accident Prevention (Nov 1991) - Alternate I NOV 1991 52.236-14 Availability and Use of Utility Services APR 1984

52.236-15 Schedules for Construction Contracts APR 1984 52.236-17 Layout of Work APR 1984 52.236-21 Specifications and Drawings for Construction FEB 1997 52.236-26 Preconstruction Conference FEB 1995 52.242-13 Bankruptcy JUL 1995 52.242-14 Suspension of Work APR 1984 52.243-4 Changes JUN 2007 52.244-6 Subcontracts for Commercial Items FEB 2016 52.246-12 Inspection of Construction AUG 1996 52.246-21 Warranty of Construction MAR 1994 52.248-3 Value Engineering-Construction OCT 2015 52.249-2 Alt I Termination for Convenience of the Government

(Fixed-Price) (Apr 2012) - Alternate I

SEP 1996

52.249-10 Default (Fixed-Price Construction) APR 1984 52.253-1 Computer Generated Forms JAN 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former

DoD Officials

SEP 2011

252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense-Contract-Related Felonies

DEC 2008

252.203-7002 Requirement to Inform Employees of Whistleblower Rights

SEP 2013

252.203-7003 Agency Office of the Inspector General DEC 2012 252.204-7000 Disclosure Of Information AUG 2013 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7012 Safeguarding Covered Defense Information and

Cyber Incident Reporting.

DEC 2015

252.204-7015 Disclosure of Information to Litigation Support Contractors

FEB 2014

252.205-7000 Provision Of Information To Cooperative Agreement Holders

DEC 1991

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism

OCT 2015

252.222-7002 Compliance With Local Labor Laws (Overseas) JUN 1997 252.223-7001 Hazard Warning Labels DEC 1991 252.223-7006 Prohibition On Storage, Treatment, and Disposal of

Toxic or Hazardous Materials

SEP 2014

252.225-7005 Identification Of Expenditures In The United States JUN 2005 252.225-7041 Correspondence in English JUN 1997 252.225-7048 Export-Controlled Items JUN 2013 252.227-7033 Rights in Shop Drawings APR 1966 252.229-7000 Invoices Exclusive of Taxes or Duties JUN 1997 252.231-7000 Supplemental Cost Principles DEC 1991 252.232-7008 Assignment of Claims (Overseas) JUN 1997 252.232-7010 Levies on Contract Payments DEC 2006

252.233-7001 Choice of Law (Overseas) JUN 1997 252.236-7000 Modification Proposals-Price Breakdown DEC 1991 252.236-7013 Requirement for Competition Opportunity for

American Steel Producers, Fabricators, and Manufacturers

JUN 2013

252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.245-7000 Government-Furnished Mapping, Charting, and

Geodesy Property

APR 2012

252.247-7023 Transportation of Supplies by Sea APR 2014

52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (OCT 2015)

(a) Definitions. As used in this clause--

Agent means any individual, including a director, an officer, an employee, or an independent Contractor, authorized to act on behalf of the organization.

Full cooperation—

(1) Means disclosure to the Government of the information sufficient for law enforcement to identify the nature and extent of the offense and the individuals responsible for the conduct. It includes providing timely and complete response to Government auditors' and investigators' request for documents and access to employees with information;

(2) Does not foreclose any Contractor rights arising in law, the FAR, or the terms of the contract.

It does not require--

(i) A Contractor to waive its attorney-client privilege or the protections afforded by the attorney work product doctrine; or

(ii) Any officer, director, owner, or employee of the Contractor, including a sole proprietor, to waive his or her attorney client privilege or Fifth Amendment rights; and

(3) Does not restrict a Contractor from--

(i) Conducting an internal investigation; or

(ii) Defending a proceeding or dispute arising under the contract or related to a potential or disclosed violation.

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or…