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- W912P5-09-B-0021
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Mooring Cells Project
This IFB Solicitation for a Sealed Bid-Firm Fixed Price Construction Contract for the U.S. Army Corps of Engineers, Nashville District. The Contract that may result from this solicitaion shall be subject to the enclosed Terms and Conditions.
The proposed action is being advertised as 100% HubZone set-aside. In accordance w ith FAR 19.1305
The solicitaion is being issued under North American Industrial Classif ication (NAICS)238190. The size standard is $14.0 million.
The estimated magnitude of the construction project is betw een $1,000,000.00 to $5,000,000.00.
The period of performance 180 calendar days from the notice to proceed.
Draw ings and Specif ications are posted to the FBO w eb-site at w w w .fbo.gov under this solicitation number.
X
KAREN M MARSHALL (615) 736-7915
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
14-Aug-2009
(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 _______15 calendar days and complete it w ithin ________180 calendar days after receiving aw ard, X notice to proceed. This performance period is 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 ______________08 Sep 2009 (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
US ARMY CORPS OF ENG.-NASHVILLE- W912P5
CELRN-CT, ROOM A604
110 NINTH AVE. SOUTH
P O BOX 1070
NASHVILLE TN 37203-1070
W912P5
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)
(615) 736-7124FAX:TEL: TEL: FAX:
W912P5-09-B-0021 62
20B. SIGNATURE
(REV. 4-85)STANDARD FORM 1442 BACK
TO SIGN
NSN 7540-01-155-3212
SOLICITATION, OFFER, AND AWARD (Continued) (Construction, Alteration, or Repair)
CODE FACILITY CODE
17. The offeror agrees to perform the w ork required at the prices specif ied below in strict accordance w ith the terms of this solicitation, if this offer is accepted by the Government in w riting w ithin ________ calendar days after the date offers are due.
the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)
AMOUNTS SEE SCHEDULE OF PRICES
18. The offeror agrees to furnish any required performance and payment bonds.
19. ACKNOWLEDGMENT OF AMENDMENTS
(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)
AMENDMENT NO.
DATE
20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN
OFFER (Type or print)
AWARD (To be completed by Government)
21. ITEMS ACCEPTED:
22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA
24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM
(4 copies unless otherwise specified)
CODE
(Insert any number equal to or greater than
20C. OFFER DATE
25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO
10 U.S.C. 2304(c) 41 U.S.C. 253(c)
CODE27. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY
(Include ZIP Code)14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NO. (Include area code)
See Item 14
(Include only if different than Item 14)16. REMITTANCE ADDRESS
30B. SIGNATURE
29. AWARD (Contractor is not required to sign this document.)
document and return _______ copies to issuing office.) Contractor agrees Your of f er on this solicitation, is hereby accepted as to the items listed. This award con-to f urnish and deliv er all items or perf orm all work, requisitions identif ied summates the contract, which consists of (a) the Gov ernment solicitation and on this f orm and any continuation sheets f or the consideration stated in this y our of f er, and (b) this contract award. No f urther contractual document is contract. The rights and obligations of the parties to this contract shall be necessary .
gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certif ications, and specif ications or incorporated by ref er-ence in or attached to this contract.
30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)
30C. DATE
(Type or print)
TEL: EMAIL:
31B. UNITED STATES OF AMERICA 31C. AWARD DATE
BY
CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE
(Contractor is required to sign this28. NEGOTIATED AGREEMENT
(M ust be fully completed by offeror)OFFER
W912P5-09-B-0021
Section 00010 - Solicitation Contract Form
CORPORATE OFFICER
CORPORATE CERTIFICATION (The same officer shall not execute both the contract and this certification.)
I, ________________________________________________, certify that I am the _____________________________________ of the corporation named as contractor herein;
that _________________________________________who signed this contract on behalf of the contractor was then ________________________________________of said corporation by authority of its governing body, and is within the scope of its corporate powers.
CORPORATE SEAL ______________________________
Title: ________________________
Date: ________________________
WHEN CONTRACTOR IS AN INDIVIDUAL, PARTNERSHIP, OR UNINCORPORATED
FIRM, COMPLETE THE FOLLOWING STATEMENT:
I, ________________________________________________, the undersigned represents the organization named as contractor herein, and am empowered to sign on behalf of said contractor by authority of and for the owner, partners or governing body of such unincorporated firm. The following are the full names of all partners.
Name: ___________________________________ Name: ___________________________________ Name: ___________________________________
Signature and Title: _________________________
Name of Contractor: ________________________
Date: ____________________________________
GENERAL STATEMENT OF WORK
Three Locations: New Johnsonville, Kentucky Pickwick Landing, Counce, Tennessee General Joe Wheeler, Rogersville, Alabama
Six new mooring cells shall be constructed as replacements for existing cells that are no longer serviceable. Existing cells shall be removed by contractor prior to construction of new cells.
New cells shall be constructed in the footprint of existing cells. Exact locations shall be provided by Corps personnel prior to removal of existing cells.
All steel piling and hardware extracted during the removal of the existing cells shall be considered scrap. The contractor shall be responsible for the disposal of all sheet metal and concrete removed from the existing cells. The contractor shall make every effort maintain navigation traffic during construction.
All work shall be performed to acceptable industry standards that include, but are not limited to, the American Welding Society and American Institute of Steel Construction. All welders must be certified.
Removal of the existing cells will require removal of steel fenders, ring assemblies and sheet piling. Fill material shall be removed and stockpiled for reuse in new cells. Only river-run or stone may be used as fill material in the new cells. New Mooring Cells shall be constructed of new PS27.5 steel sheet piling (ASTM A328 Grade). Splicing of sheets to obtain the required length will not be permitted. Cells shall be approximately 30 feet in diameter. The contractor shall supplement re-used material with new material as necessary to obtain required fill levels. The drawings and specifications may be downloaded from the FBO web site.
SITE VISIT
Appointments to inspect the existing cells at Wheeler Lock can be made by contacting the Wheeler Lockmaster Donald Dean at 256-764-5223. Contactors should contact the Lockmaster a minimum of three days prior to the requested time for their site visit.
Appointments to inspect the existing cells at Pickwick Lock can be made by contacting the Pickwick Lockmaster Donnie Damron at 901-925-2334. Contractors should contact the Lockmaster a minimum of three days prior to the requested time for their site visit.
Site visits to inspect the existing Kentucky lake cells at Tennessee River Mile 97.4 can be made by boat at the contractor’s own convenience. Contractors may contact Ray Bess at 615-736-7799 to schedule a site visit on a boat provided by the Corps. Site visits are tentatively scheduled for Monday, 24 August and Tuesday, 25 August 2009. No additional site visits will be arranged.
Reference FAR clause 52.236-27 Site Visit.
Potential bidders will send an email to karen.m.marshall@us.army.mil confirming the date of your scheduled site visit, name of personnel attending, Cage Code, Duns Number and Tax ID Number.
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 1 Wheeler Lock Mooring Cells
FFP
For the construction of Wheeler Lock Mooring Cells in accordance with the attached specifications and drawings. See Specifications Section 01 10 01 FOB: Destination
NET AMT
0002 1 Pickwick Lock Mooring Cells
FFP
For the construction of Pickwick Lock Mooring Cells in accordance with the attached specifications and drawings. See Specifications Section 01 10 02
0003 1 Kentucky Lake Mooring Cells
FFP
For the construction of Kentucky Lake Mooring Cells in accordance with the attached specifications and drawings. See Specifications Section 01 10 03
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
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC
0001 N/A N/A N/A N/A
0002 N/A N/A N/A N/A
0003 N/A N/A N/A N/A
CLAUSES INCORPORATED BY REFERENCE
52.252-2 Clauses Incorporated By Reference FEB 1998 252.231-7000 Supplemental Cost Principles DEC 1991
CLAUSES INCORPORATED BY FULL TEXT
52.252-4 ALTERATIONS IN CONTRACT (APR 1984)
Portions of this contract are altered as follows:
None
(End of clause)
Section 00100 - Bidding Schedule/Instructions to Bidders
BID SCHEDULE
BIDDING SCHEDULE
ITEM
No. DESCRIPTION SECTION
QUANTIT
Y UNIT UNIT PRICE
BID
AMOUNT
0001 Wheeler Lock Mooring
Cells
01 10 01 1 LS
0002 Pickwick Lock Mooring Cells
01 10 02 1 LS
0003 Kentucky Lake Mooring Cells
01 10 03 1 LS
Total Bid
Amount $
*(3) quotes are required in order to be considered responsive. The Government may make multiple awards based on the lowest price for each line item.
INSTRUCTIONS TO OFFERORS
INSTRUCTIONS TO OFFERORS
1. DESCRIPTION OF WORK- Three Locations: New Johnsonville, Kentucky Pickwick Landing, Counce, Tennessee General Joe Wheeler, Rogersville, Alabama
Six new mooring cells shall be constructed as replacements for existing cells that are no longer serviceable.
Existing cells shall be removed by contractor prior to construction of new cells. New cells shall be constructed in the footprint of existing cells. Exact locations shall be provided by Corps personnel prior to removal of existing cells.
All steel piling and hardware extracted during the removal of the existing cells shall be considered scrap. The contractor shall be responsible for the disposal of all sheet metal and concrete removed from the existing cells. The contractor shall make every effort maintain navigation traffic during construction. All work shall be performed to acceptable industry standards that include, but are not limited to, the American Welding Society and American Institute of Steel Construction.
All welders must be certified. Removal of the existing cells will require removal of steel fenders, ring assemblies and sheet piling. Fill material shall be removed and stockpiled for reuse in new cells. Only river-run or stone may be used as fill material in the new cells. New Mooring Cells shall be constructed of new PS27.5 steel sheet piling (ASTM A328 Grade).
Splicing of sheets to obtain the required length will not be permitted. Cells shall be approximately 30 feet in diameter. The contractor shall supplement re-used material with new material as necessary to obtain required fill levels.
2. CONDITIONS AFFECTING THE WORK – Offerors should visit the site and take such other steps as may be reasonably necessary to ascertain the nature and location of the work and the general and local conditions that can affect the work or the cost thereof. Failure to do so will not relieve offerors from responsibility for estimating properly the difficulty or cost of successfully performing the work. The Government will assume no responsibility for any understanding or representations concerning conditions made by any of its officers or agents prior to the execution of the contract, unless included in the solicitation, the specifications or related documents.
3. SITE VISITS - Offerors should inspect the job site prior to submitting a proposal. In this regard, offerors should note Contract Clause No. FAR 52.236-3 entitled "Site Investigation and Conditions Affecting the Work.” (FAR 36.210). The government has a tentatively scheduled site visit set for the 24th and 25th of August 2009. These sites are going to have to be accessed by boat and an appointment would need to be scheduled prior to the visit. Refer to the contact information below:
i. Appointments to inspect the existing cells at Wheeler Lock can be made by contacting the Wheeler Lockmaster Donald Dean at 256-764-5223. Contactors should contact the Lockmaster a minimum of three days prior to the requested time for their site visit.
ii. Appointments to inspect the existing cells at Pickwick Lock can be made by contacting the Pickwick Lockmaster Donnie Damron at 901-925-2334. Contractors should contact the Lockmaster a minimum of three days prior to the requested time for their site visit.
iii. Site visits to inspect the existing Kentucky lake cells at Tennessee River Mile 97.4 can be made by boat at the contractor’s own convenience. Contractors may contact Ray Bess at 615-736-7799 to schedule a site visit on a boat provided by the Corps. Site visits are tentatively scheduled for Monday, 24 August and Tuesday, 25 August 2009.
No additional site visits will be arranged. Reference FAR clause 52.236-27 Site Visit.
4. OFFERORS QUALIFICATIONS – To establish its responsibility, the offeror may be requested by the Government prior to award, to submit a statement regarding his previous experience in performing comparable work, his business and technical organization, financial resources, and plant available to be used in performing the work. This action may be requested to determine if the contractor is responsible.
5. CONTRACT AND BONDS - The offeror whose proposal is accepted will, within the time established in the proposal, furnish performance and payment bonds on Standard Forms in the amounts indicated in the Request for Proposal. (Reference FAR 52.228-15). See section on Bid Bonds as well.
6. OFFEROR’S ADDRESS - Prospective contractors should indicate in the offer, the address to which correspondence should be mailed, if such address is different from that shown for the offeror.
7. MODIFICATIONS PRIOR TO DATE SET FOR INVITATION FOR BID (IFB) - 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 submission of Bids. Such revisions and amendments, if any will be announced by an amendment or amendments to this IFB. If the revisions and amendments are of a nature which requires material changes in quantities or prices proposed or both, the date set for receipt of IFB may be postponed by such number of days as in the opinion of the issuing officer will enable offeror to revise their proposal. In such cases, the amendment will include an announcement of the new date for receipt of IFB.
8. PROPOSAL MATERIAL – Specifications and proposal forms can be obtained at no cost from Nashville District, U. S. Army Corps of Engineers Contracting Office by download from the FBO web site, go to View Opportunities and query W912P5-09-B-0021 for the solicitation. Questions concerning proposal documents should be submitted in writing to Karen Marshall, Contract Specialist, via e-mail at karen.m.marshall@usace.army.mil not later than COB on 27 August 2009. Questions submitted after this time and date will not be addressed.
10. NOTICE TO OFFEROR – USE OF CLASS I OZONE-DEPLETING SUBSTANCES
(1) In accordance with Section 326 of P.L. 102-484, the Government is prohibited from awarding any contract which includes a specification or standard that requires the use of a Class I ozone-depleting substance (ODS) identified in Section 601(a) of the Clean Air Act, (42 U.S.C 767a(a)), or that can be met only through the use of such a substance unless such use has been approved, on an individual basis, by a senior acquisitions official who determines that there is no suitable substitute available.
(2) To comply with this statute, the Government has conducted a best effort screening of the specifications and standards associated with this acquisition to determine whether they contain any ODS requirements. To the extent that ODS requirements were revealed by this review, they are identified below with the disposition determined in each case.
(3) If bidders possess any special knowledge about any other ODSs required directly or indirectly at any level of contract performance, the U.S. Army would appreciate if such information were surfaced to the Contracting Officer for appropriate action. To preclude delay to the procurement, bidders should provide any information as soon as possible after release of this solicitation and prior to the submission of offers to the extent practicable. It should be understood that there is no obligation on bidders to comply with the request and that no compensation can be provided for doing so.
ODS Identified Specification/Standard Disposition “None”
11. NOTICE – The following bond information is provided:
(1) PERFORMANCE BONDS. The penal amount of the performance bond shall equal one hundred percent (100%) of the contract price. Bonds shall be received within ten (10) days after receipt of contract award.
(2) PAYMENT BONDS. Pursuant to FAR clause 52.228-15 the penal amount of the payment bond shall equal one hundred percent (100%) of the contract price. Bonds shall be received within ten (10) days after receipt of award.
(3) Bid Bonds. In accordance with FAR 28.101-2(b) The bid guarantee amount shall be at least 20 percent of the bid price but shall not exceed $3,000,000.00.
(4) INSURANCE. Insurance shall conform to DFARS 245.7310-3 Liability and Insurance requirements.
See Item #5 under Special Contract Requirements
k. EXPLANATION OF PROVISION/CLAUSE NUMBERS UTILIZED IN THIS SOLICITATION:
(1) Federal Acquisition Regulation (FAR) provisions/clauses are numbered as follows: 52.252-7.
(2) Defense Acquisition Regulation Supplement (DFARS) provisions/clauses are numbered as follows:
52.252-7000.
(3) Army Federal Acquisition Regulation Supplement (AFARS), provisions/clauses are numbered as follows: 5152.252-9000.
(4) Where the sixth digit of a provision/clause number is a “5,” this indicates a provision/clause from Engineer Federal Acquisition Regulation Supplement (EFARS), provisions/clauses are numbered as follows:
52.252-5000.
12. POC FOR COMMUNICATIONS: Any communications regarding this procurement must be made in writing to Contracting Division, Attn: Karen Marshall at email karen.m.marshall@usace.army.mil or facsimile: (615) 736- 7124 not later than COB on 27 August 2009. CST. No questions will be addressed after this time. Inquiries must identify the solicitation number, the requestor’s company name, address, email address, telephone and facsimile numbers to include area code. All questions submitted shall be answered by amendment to the solicitation.
I. INVITATION FOR BID DOCUMENTS:
The following documents must be submitted with your Bid, in duplicate.
-SF 1442, Solicitation, Offer and Award -Bid Bond (One original document) -Bid Schedule (Section 00010) and excel spreadsheet -Representations and Certifications (Section 00600) unless you have a current ORCA registration with the Certification and Representation posted at this site.
-All Amendments must be acknowledged (if any).
-Copy of Teaming or Partnering agreement or Joint Venture agreement if chosen as the successful contractor (within 10 Business Days for notice of award).
-One Banking Reference with POC, A Business line of Credit with Limit if currently in possession of business, 3 supply credit references with POC.
II. WHERE TO SUBMIT:
Offerors shall submit sealed bid packages to the Corps of Engineers at the address listed below, marked in clear and unmistakable font, 12 pt, double spaced is suggested. Receipt of delivery is highly recommended. Hand delivery is acceptable. The Government will accept packages prior to the due date and it is highly recommended that packages are submitted at least one day prior to due date. The government will accept hand delivered packages until the time of bid closing. The Government must be in receipt of your IFB by the bid closing time, 2:00 p.m. CST, 08 September 2009.
Karen M. Marshall, Contracting Specialist U.S. Army Corps of Engineers, Nashville District
CELRN-CT, RM A604
110 Ninth Ave South, P.O. Box 1070 Nashville, TN 37203-1070 615-736-7915; karen.m.marshall@usace.army.mil
Section 00600 - Representations & Certifications
52.203-2 Certificate Of Independent Price Determination APR 1985 52.203-11 Certification And Disclosure Regarding Payments To
Influence Certain Federal Transactions
SEP 2007
52.204-5 Women-Owned Business (Other Than Small Business) MAY 1999 52.204-6 Data Universal Numbering System (DUNS) Number APR 2008 52.204-7 Central Contractor Registration APR 2008 52.207-1 Notice Of Standard Competion MAY 2006 52.209-5 Certification Regarding Responsibility Matters DEC 2008 52.214-3 Amendments To Invitations For Bids DEC 1989 52.214-4 False Statements In Bids APR 1984 52.214-34 Submission Of Offers In The English Language APR 1991 52.219-19 Small Business Concerns Representation For The Small
Business Competitiveness Demonstration Program
OCT 2000
52.219-24 Small Disadvantaged Business Participation Program-- Targets
OCT 2000
52.222-5 Davis-Bacon Act--Secondary Site of the Work JUL 2005 52.222-22 Previous Contracts And Compliance Reports FEB 1999 52.222-38 Compliance With Veterans' Employment Reporting
Requirements
DEC 2001
52.223-13 Certification of Toxic Chemical Release Reporting AUG 2003 52.223-14 Toxic Chemical Release Reporting AUG 2003 52.225-12 Notice of Buy American Act Requirement - Construction
Materials Under Trade Agreements
FEB 2009
52.228-1 Bid Guarantee SEP 1996 52.230-1 Cost Accounting Standards Notices And Certification OCT 2008 52.230-7 Proposal Disclosure--Cost Accounting Practice Change APR 2005 52.232-13 Notice Of Progress Payments APR 1984 52.232-38 Submission of Electronic Funds Transfer Information with
Offer
MAY 1999
252.209-7001 Disclosure of Ownership or Control by the Government of a Terrorist Country
JAN 2009
252.225-7031 Secondary Arab Boycott Of Israel JUN 2005 252.247-7022 Representation Of Extent Of Transportation Of Supplies By
Sea
AUG 1992
52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (FEB 2009)
(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 238190.
(2) The small business size standard is $14.0 Million.
(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 clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (d) of this provision applies.
(2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA 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 ORCA 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 $100,000.
(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the clause at 52.204-7, Central Contractor Registration.
(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) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.
(vi) 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.
(vii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.
(viii) 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.
(ix) 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.
(x) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.
(xi) 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.
(xii) 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.
(xiii) 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.
(xiv) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA-designated items.
(xv) 52.225-2, Buy American Act Certificate. This provision applies to solicitations containing the clause at 52.225- 1.
(xvi) 52.225-4, Buy American Act--Free Trade Agreements—Israeli Trade Act Certificate. (Basic, Alternate I, and Alternate II) 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 $67,826, the provision with its Alternate II applies.
(xvii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.
(xviii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification.
(xix) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to--
(A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions; and
(B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns.
(2) The following certifications are applicable as indicated by the Contracting Officer:
(Contracting Officer check as appropriate.)
----(i) 52.219-19, Small Business Concern Representation for the Small Business Competitiveness Demonstration Program.
------(ii) 52.219-21, Small Business Size Representation for Targeted Industry Categories Under the Small Business Competitiveness Demonstration Program.
------(iii) 52.219-22, Small Disadvantaged Business Status.
------(A) Basic.
------(B) Alternate I.
------(iv) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.
------(v) 52.222-48, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment Certification.
------(vi) 52.222-52 Exemption from Application of the Service Contract Act to Contracts for Certain Services-- Certification.
------(vii) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA- Designated Products (Alternate I only).
------(viii) 52.223-13, Certification of Toxic Chemical Release Reporting.
------(ix) 52.227-6, Royalty Information.
------ (A) Basic.
------ (B) Alternate I.
------(x) 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 Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov. After reviewing the ORCA 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, identifyingchange 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 ORCA.
(End of Provision)
52.214-5000 Apparent clerical mistakes.
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.
(End of statement)
52.216-1 TYPE OF CONTRACT (APR 1984)
The Government contemplates award of a Firm Fixed Price Construction contract resulting from this solicitation.
(End of provision)
52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (MAY 2004)
(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 238190.
(2) The small business size standard is $14.0 Million.
(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) Representations. (1) The offeror represents as part of its offer that it ( ) is, ( ) is not a small business concern.
(2) (Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.) The offeror represents, for general statistical purposes, that it ( ) is, ( ) is not a small disadvantaged business concern as defined in 13 CFR 124.1002.
(3) (Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.) The offeror represents as part of its offer that it ( ) is, ( ) is not a women-owned small business concern.
(4) (Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.) The offeror represents as part of its offer that it ( ) is, ( ) is not a veteran-owned small business concern.
(5) (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (b)(4) of this provision.) The offeror represents as part of its offer that it ( ) is, ( ) is not a service-disabled veteran-owned small business concern.
(6) (Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.) The offeror represents, as part of its offer, that--
(i) It ( ) is, ( ) is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material change in ownership and control, principal office, or HUBZone employee percentage has occurred since it was certified by the Small Business Administration in accordance with 13 CFR part 126; and
(ii) It ( ) is, ( ) is not a joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (b)(6)(i) of this provision is accurate for the HUBZone small business concern or concerns that are participating in the joint venture. (The offeror shall enter the name or names of the HUBZone small business concern or concerns that are participating in the joint venture:____________.) Each HUBZone small business concern participating in the joint venture shall submit a separate signed copy of the HUBZone representation.
(c) Definitions. As used in this provision--
Service-disabled veteran-owned small business concern--
(1) Means a small business concern--
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).
"Small business concern," means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and the size standard in paragraph (a) of this provision.
Veteran-owned small business concern means a small business concern--
(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans.
"Women-owned small business concern," means a small business concern --
(1) That is at least 51 percent owned by one or more women; in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and
(2) Whose management and daily business operations are controlled by one or more women.
(d) Notice.
(1) If this solicitation is for supplies and has been set aside, in whole or in part, for small business concerns, then the clause in this solicitation providing notice of the set-aside contains restrictions on the source of the end items to be furnished.
(2) Under 15 U.S.C. 645(d), any person who misrepresents a firm's status as a small, HUBZone small, small disadvantaged, or women-owned small business concern in order to obtain a contract to be awarded under the preference programs established pursuant to section 8(a), 8(d), 9, or 15 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, shall--
(i) Be punished by imposition of fine, imprisonment, or both;
(ii) Be subject to administrative remedies, including suspension and debarment; and
(iii) Be ineligible for participation in programs conducted under the authority of the Act.
52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (MAY 2004)
(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 238190.
(2) The small business size standard is $14.0 Million.
(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) Representations. (1) The offeror represents as part of its offer that it ( ) is, ( ) is not a small business concern.
(2) (Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.) The offeror represents, for general statistical purposes, that it ( ) is, ( ) is not a small disadvantaged business concern as defined in 13 CFR 124.1002.
(3) (Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.) The offeror represents as part of its offer that it ( ) is, ( ) is not a women-owned small business concern.
(4) (Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.) The offeror represents as part of its offer that it ( ) is, ( ) is not a veteran-owned small business concern.
(5) (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (b)(4) of this provision.) The offeror represents as part of its offer that it ( ) is, ( ) is not a service-disabled veteran-owned small business concern.
(6) (Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.) The offeror represents, as part of its offer, that--
(i) It ( ) is, ( ) is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material change in ownership and control, principal office, or HUBZone employee percentage has occurred since it was certified by the Small Business Administration in accordance with 13 CFR part 126; and
(ii) It ( ) is, ( ) is not a joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (b)(6)(i) of this provision is accurate for the HUBZone small business concern or concerns that are participating in the joint venture. (The offeror shall enter the name or names of the HUBZone small business concern or concerns that are participating in the joint venture:____________.) Each HUBZone small business concern participating in the joint venture shall submit a separate signed copy of the HUBZone representation.
(c) Definitions. As used in this provision--
Service-disabled veteran-owned small business concern--
(1) Means a small business concern--
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).
"Small business concern," means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and the size standard in paragraph (a) of this provision.
Veteran-owned small business concern means a small business concern--
(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans.
"Women-owned small business concern," means a small business concern --
(1) That is at least 51 percent owned by one or more women; in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and
(2) Whose management and daily business operations are controlled by one or more women.
(d) Notice.
(1) If this solicitation is for supplies and has been set aside, in whole or in part, for small business concerns, then the clause in this solicitation providing notice of the set-aside contains restrictions on the source of the end items to be furnished.
(2) Under 15 U.S.C. 645(d), any person who misrepresents a firm's status as a small, HUBZone small, small disadvantaged, or women-owned small business concern in order to obtain a contract to be awarded under the preference programs established pursuant to section 8(a), 8(d), 9, or 15 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, shall--
(i) Be punished by imposition of fine, imprisonment, or both;
(ii) Be subject to administrative remedies, including suspension and debarment; and
52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (MAY 2004) - ALTERNATE I (APR 2002)
(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 238190.
(2) The small business size standard is $14.0 Million.
(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) Representations. (1) The offeror represents as part of its offer that it ( ) is, ( ) is not a small business concern.
(2) (Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.) The offeror represents, for general statistical purposes, that it ( ) is, ( ) is not a small disadvantaged business concern as defined in 13 CFR 124.1002.
(3) (Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.) The offeror represents as part of its offer that it ( ) is, ( ) is not a women-owned small business concern.
(4) (Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.) The offeror represents as part of its offer that it ( ) is, ( ) is not a veteran-owned small business concern.
(5) (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (b)(4) of this provision.) The offeror represents as part of its offer that it ( ) is, ( ) is not a service-disabled veteran-owned small business concern.
(6) [Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.] The offeror represents, as part of its offer, that--
(i) It ( ) is, ( ) is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material change in ownership and control, principal office, or HUBZone employee percentage has occurred since it was certified by the Small Business Administration in accordance with 13 CFR part 126; and
(ii) It ( ) is, ( ) is not a joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (b)(6)(i) of this provision is accurate for the HUBZone small business concern or concerns that are participating in the joint venture. (The offeror shall enter the name or names of the HUBZone small business concern or concerns that are participating in the joint venture:____________.) Each HUBZone small business concern participating in the joint venture shall submit a separate signed copy of the HUBZone representation.
(7) (Complete if offeror represented itself as disadvantaged in paragraph (b)(2) of this provision.) The offeror shall check the category in which its ownership falls:
____ Black American.
____ Hispanic American.
____ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).
____ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, U.S. Trust Territory of the Pacific Islands (Republic of Palau), Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).
____ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).
____ Individual/concern, other than one of the preceding.
(c) Definitions. As used in this provision--
Service-disabled veteran-owned small business concern--
(1) Means a small business concern--
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).
"Small business concern," means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and the size standard in paragraph (a) of this provision.
Veteran-owned small business concern means a small business concern--
(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans.
"Women-owned small business concern," means a small business concern --
(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least…
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