W912P518B0018_OLD_MCC_and_NRS_Switchgear_Replacement_Solicitation.pdf
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W38XDD82005490
PROJECT TITLE: OLD HICKORY LOCK MCC AND NRS SWITCHGEAR REPLACEMENT; Davidson County, TN
TYPE OF PROJECT: Firm Fixed-Price Construction Contract.
DISCLOSURE OF MAGNITUDE OF PROPOSED CONSTRUCTION PROJECT: Betw een $500,000 and $1,000,000
NAICS: 238210; Electrical Contractors and Other Wiring Installation Contractors
SIZE STANDARD: $15 Million
TYPE OF SET-ASIDE: 100% Small Business Set-aside.
Draw ings and Specif ications are posted to the FBO w eb-site at w w w .fbo.gov under this solicitation number and listed in DFARS 252.236-7001
Central Contractor Registration and ORCA are now available through the System for Aw ard Managemtn (SAM), available at w w w .sam.gov.
Bidders MUST comply w ith the requirements of FAR 52.204-7, 52.204-8, 52.232-33, and any other CCR/ORCA requirements in this solicitation through SAM.
X
DEBRA A BARLOW 615.736.7933
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
20-Aug-2018
(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 ________180 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 ______________19 Sep 2018 (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 ENGINEERS-CELRN-RC-N
DIRECTORATE OF CONTRACTING
110 9TH AVENUE SOUTH, RM A405
NASHVILLE TN 37203
W912P5
PAGE OF PAGES
1 OF
CODE
(Title, identifying no., date):
12B. CALENDAR DAYS
01:00 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: 615-736-7917 TEL: FAX:
W912P518B0018 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
W912P518B0018
Section 00 10 00 - Solicitation
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 1 Job Install MCC at Old Hickory Lock
FFP
Provide all labor, equipment, and additional materials necessary to install the new Government furnished MCC equipment for the Old Hickory Lock control building that is being relocated from its current location on the first floor of the Control building to its new location in the basement.
FOB: Destination
MILSTRIP: W38XDD82005490
PURCHASE REQUEST NUMBER: W38XDD82005490
NET AMT
0002 1 Job OPTION Option 1 - Transformer Installation
FFP
Provide all labor, equipment, and additional materials to install Government Furnished I.P.A, switch gear, and transformers in accordance with the Plans and Specifications.
FOB: Destination
0003 1 Job OPTION Option 2 - 5KV Cable and Conduit boxes
FFP
Provide all labor, equipment and additional materials necessary to replace the existing 5KV feeders from the Powerhouse to the N.R.S Substation in accordance with the Plans and Specifications.
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 180 dys. ANP 1 NASH.AREA OFC,OLD HICKORY LOCK
JESSE PULLEN
1188 CINDER ROAD
OLD HICKORY TN 37138
615-736-7949
W912P5
0002 180 dys. ANP 1 (SAME AS PREVIOUS LOCATION)
0003 180 dys. ANP 1 (SAME AS PREVIOUS LOCATION)
Section 00 21 13 - Instructions to Bidders
INSTRUCTIONS TO BIDDERS
1.0 GENERAL REQUIREMENTS – INSTRUCTIONS TO BIDDERS
1.1 Intent: The intent of this solicitation is to award one contract for Old Hickory Lock MCC and NRS Switchgear Replacement on the Cumberland River at Old Hickory, TN.
1.2 Disclosure of Magnitude of Construction Project: The estimated magnitude of this requirement is between $500,000 and $1,000,000.
1.3 Basis for Selection of Award: Award shall be made to the lowest priced bidder who is determined to be responsive and responsible. See Federal Acquisition Regulation (FAR) clause 52.214-19, Contract Award— Sealed Bidding—Construction, for more information. In accordance with FAR 52.217-5; Evaluation of Options, the Government intends to evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement.
1.4 Type of Contract: The Government intends to award one firm-fixed price construction contract.
1.5 Who May Submit: This procurement is a 100% Small Business Set-aside.
1.6 North American Industry Classification System (NAICS) Code and Small Business Size Standard: The NAICS code for this project is 238210 – Electrical Contractors and Other Wiring Installation Contractors with a size standard of $15M.
1.7 Specifications and Drawings: Specifications and Drawings will be provided as separate files and will be available on FBO. See the complete drawings and specification package located at www.fbo.gov.
The Specifications and Drawings are part of the solicitation/contract and shall be considered in that respect (see DFARS clause 252.236-7001, Contract Drawings and Specifications).
1.8 Pre-Bid Site Visit: An organized site visit has been scheduled to occur during the solicitation period; on Wednesday, 22 August 2018 at 10:00 AM Central Time. Bidders should inspect the job site prior to submitting a bid. Bidders should take such other steps as may be reasonably necessary to ascertain the nature and location of the work and the general and local conditions that can affect the work or the cost thereof. Failure to do so will not relieve bidders from the responsibility for properly estimating the difficulty or cost of successfully performing the work. The Government assumes no responsibility for any understanding or representations concerning conditions made by any of its officers, agents or employees, unless included in the solicitation, the specifications or related documents. Please refer to the Federal Acquisition Regulations (FAR) clause 52.236-27 Alt I, incorporated by full text in this solicitation, for information pertaining to the scheduled site visit.
REGISTRATION: Registration is required for the organized site visit by 10:00 AM Central Time, 20 August 2018. Please provide your firm’s name, firm’s CAGE and/or Unique Entity Identifier (previously known as DUNS number), and name and position title of primary point-of-contact and their telephone number and email address. Please provide this information via email to debra.a.barlow@usace.army.mil.
POINT-OF-CONTACT: For questions and /or concerns regarding the site visit, please contact Contract Specialist Debra Barlow via email at the address referenced above.
This will be the only organized site visit for this project. If you miss the scheduled site visit, no other arrangements will be made due to personnel and time restrictions.
1.9 POC for Communication/Questions: Any communications regarding this procurement must be made in writing to the Nashville Contracting Branch, Attn: Debra Barlow at email debra.a.barlow@usace.army.mil.
Inquiries must identify the solicitation number, the requestor’s company name, address, email address, telephone and facsimile numbers to include area code.
Phone calls or requests to arrange meetings at the Nashville District during the solicitation period to discuss project requirements or company’s capabilities are highly discouraged and will not be scheduled.
QUESTIONS: Questions regarding the solicitation must be submitted to Debra Barlow via email debra.a.barlow@usace.army.mil no later than 2:00 PM Central Time on 27 August 2018.
1.10 Amendments Prior to Date Set for Closing of 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 bid. 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 bids may be postponed by such number of days as in the opinion of the issuing officer will enable bidder to revise their bid. In such cases, the amendment will include an announcement of the new date for receipt of bid.
1.11 Determination of Responsibility Requirements:
To ensure award is made to a responsible bidder, a determination of responsibility will be conducted. As part of this responsibility determination, the Contracting Officer will utilize the guidance contained in FAR Subpart 9.1, Responsible Prospective Contractors. In accordance with FAR 9.104-1, to be determined responsible, a prospective contractor must:
(1) Have adequate financial resources to perform the contract, or the ability to obtain them;
(2) Be able to comply with the required or proposed delivery or performance schedule, taking into consideration all existing commercial and governmental business commitments;
(3) Have a satisfactory performance record, similar in scope and magnitude of that stated in the contract requirement;
(4) Have a satisfactory record of integrity and business ethics;
(5) Have the necessary organization, experience, accounting and operational controls, and technical skills, or the ability to obtain them (including, as appropriate, such elements as production control procedures, property control systems, quality assurance measures, and safety programs applicable to materials to be produced or services to be performed by the prospective contractor and subcontractors);
(6) Have the necessary production, construction, and technical equipment and facilities, or the ability to obtain them; and
(7) Be otherwise qualified and eligible to receive an award under applicable laws and regulations.
Bidders are not required to submit additional documentation related to these criteria at the time of bid, but may elect to submit the necessary information with their bid package and are encouraged to do so in the interest of time and efficiency. Bidders are neither penalized for not doing so, nor rated on any information provided. If responsibility information is provided with the bid package, it must be sealed in a separate envelope marked “Responsibility Information”, and it will not be opened or reviewed prior to establishment of the apparent low bidder. If not included in the bid package, the required information must be provided to the Contracting Officer within four (4) calendar days after bid opening. The following documents fulfill the requirements above:
Submit a statement regarding previous experience in performing comparable work, business and technical organization, financial resources, and plant available to be used in performing the work. The requested statement submitted will have the following: a minimum of one (1) up-to-date banking reference for their firm and a minimum of three (3) past performance references for similar work.
a. The banking reference (minimum of one, up-to-date) shall include the financial institution’s legal name, complete physical address, a point-of-contact (POC) at the financial institution, the POC’s telephone number, fax number, and email address.
b. The past performance references (minimum of three) shall include firm’s name, the contract number, the contract period of performance and/or contract completion date, the contract’s aggregate value, a brief description of the project, a POC, the POC’s telephone number, fax number, and email address.
2.0 WHAT, HOW, AND WHERE TO SUBMIT BID
2.1 The following documents must be submitted with your IFB in original and one (1) copy:
(1) SF 1442, Solicitation, Offer and Award
a. Should include:
i. Unique Entity Identifier (previously known as DUNS number)
ii. CAGE number
iii. Tax Payer ID number
(2) Solicitation amendments acknowledged, if applicable
(3) Bid Schedule
(4) Original Bid Bond with Power of Attorney
(5) Representations and Certifications, unless you are currently registered in the System for Award Management (SAM).
2.2 PUBLIC OPENING OF BIDS: Bids will be publicly opened at the time set for opening in Block 13 of the SF1442 at the Estes Kefauver Federal Building, USACE Conference Room A681 110 9th Avenue South, Nashville, Tennessee, 37203. The content will be made public for the information of bidders and others interested, who may be present. Unbalanced bids may be rejected.
2.3 Bidders shall submit sealed IFB packages to the USACE address listed below. Receipt of delivery is highly recommended. The Government will accept sealed IFB packages prior to the due date. It is highly recommended that IFB packages be received at the address listed below at least one day prior to due date to avoid a possible late bid situation. The Government will accept hand delivered packages until the time of bid closing but will not accept bids submitted via email or fax. The Government must be in receipt of your IFB by the bid closing time set forth in Block 13 of the SF1442.
If being hand delivered:
Arrive at address shown below and call Debra Barlow at 615-736-7933 or Melissa Scogin at 615-736-7917 to gain access to 6th floor from the elevator lobby.
U.S. Army Corps of Engineers Nashville District Contracting Branch, CELRN-RC-N Attn: Debra Barlow Solicitation Number W912P518B0018 110 9th Avenue South, Room A680, Sixth Floor Nashville, TN 37203
Physical Address for mail delivery (USPS or carrier)
U.S. Army Corps of Engineers Nashville District Contracting Branch, CELRN-RC-N Attn: Debra Barlow Solicitation Number W912P518B0018 110 9th Avenue South, Room A405
Faxed or emailed bids will not be accepted.
3.0 INSURANCE/BONDS:
3.1 BID BONDS (SF 24). All bidders are required to submit bid bonds with their bid. In accordance with FAR provision 52.228-1, Bid Guarantee, the bid guarantee amount shall be at least 20 percent of the bid price but shall not exceed $3,000,000.00.
3.2 INSURANCE. Contractor shall carry Liability and Insurance. See FAR clause 52.228-5, Insurance – Work on A Government Installation.
3.3 The bidder whose bid is accepted will be required to comply with the following within the time established in the bid:
a. PERFORMANCE BONDS (SF 25-A). Pursuant to FAR clause 52.228-15, Performance and Payment
Bonds—Construction, 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.
b. PAYMENT BONDS (SF 25). Pursuant to FAR clause 52.228-15, Performance and Payment Bonds— Construction, 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.
4.0 SYSTEM FOR AWARD MANAGEMENT (SAM) AND ANNUAL REPRESENTATIONS AND
CERTIFICATIONS
4.1 To be considered for award all contractors must be successfully registered in the SAM database (www.sam.gov). See FAR Clause 52.204-7, System for Award Management, as applicable for requirement information.
For SAM Customer Service, contact:
Federal Service Desk URL: www.fsd.gov Hours: 8am - 8pm (Eastern Time) US Calls: 866-606-8220 International Calls: 334-206-7828
DSN: 866-606-8220
IMPORTANT NOTICE: Effective June 29, 2018 vendors creating or updating their registration can have their registration activated prior to the approval of the required notarized letter. However, the signed copy of the notarized letter must be sent to the GSA Federal Service Desk (FSD) within 30 days of activation or the vendor risks no longer being active in SAM. Vendors can check whether an account is active by performing a query by their CAGE or Unique Entity Identifier (known as DUNS). The new registration process may now take several weeks, so vendors are highly encouraged to begin registering as soon as possible to avoid any possible delays in future contract awards. Remember, there is no cost to use SAM. To find out additional information about the changes of the SAM registration process, contractors should visit the Frequently Asked Questions (FAQ) link located at the top of the SAM homepage
4.2 Contractors shall have representations and certifications completed in www.sam.gov OR provide FAR clause 52.204-8, Annual Representations and Certifications, with paragraph (c) completed. If completing the aforementioned clause, provide with submitted bid.
5.0 BIDDERS CHECKLIST
All information required by the terms of the Solicitation must be furnished. MISTAKES OR OMISSIONS CAN BE COSTLY. Important items for you to check are included in but not limited to those listed below. This checklist is furnished only to assist you in submitting a proper bid. The Government shall not be responsible for items not described below. It is not required to be returned with your bid.
[ ] Is your bid properly signed by an officer of your company?
[ ] If signing on behalf of your company, have you attached evidence of your authority to sign the bid?
[ ] Have you acknowledged all amendments? Have you submitted your bid on the latest amended bid schedule?
[ ] Is the name in which you submitted your bid the same as on the bid bond?
[ ] Have you entered a unit price for each bid item?
[ ] Have you checked your bid for possible errors? Arithmetically?
[ ] Are all erasures or corrections initialed by the person signing the bid?
[ ] The Government may reject a bid as nonresponsive if it is materially and mathematically unbalanced as to price for any bid item or combination of items. A bid is unbalanced when it is based on prices significantly less than cost for some work and prices which are significantly overstated for other work.
[ ] Is the envelope containing your bid properly identified that it is a sealed bid and does it contain the correct solicitation number and bid opening time? See FAR Clause 52.214-5, Submission of Bids.
[ ] Will your bid arrive on time? See FAR Clause 52.214-7, Late Submissions, Modifications, and Withdrawals of Bids.
[ ] Have you furnished all information required by the invitation for bids solicitation and/or the specifications?
6.0 CONTRACTOR FEEDBACK
Help us in BUILDING STRONG. Please provide us with your feedback, comments and recommendations for improvement by visiting our Interactive Customer Evaluation (ICE) website at:
http://ice.disa.mil/index.cfm?fa=card&service_provider_id=110824&site_id=856&service_category_id=14
BID SCHEDULE
OLD MCC and NRS SWITCHGEAR REPLACEMENT
OLD HICKORY LOCK
ITEM
NO.
DESCRIPTION
SPECS.
SECTION
EST.
QTY.
UNIT
UNIT
PRICE
TOTAL
AMOUNT
Performance and Payment Bonds
01 22 00
Job
0002 Demolition 02 41 00 1 Job $ $
0003 Fabricate and Install High Mast Panel 26 28 00 1 Job $ $
0004 Install Lock Motor Control Center 26 28 00 1 Job
0005 Fabricate and Install Remote Operator Panel 26 28 00 1 Job
0006 Concrete 03 30 53 1 Job $ $
0007 Cable and Conduit 26 05 36, 1 Job $ $ 33 71 02
TOTAL BASE CONTRACT AMOUNT $
TOTAL OPTION 1 AMOUNT $
2001 Demolition 02 41 00 1 Job $ $
2002 Install 5kV Feeders 33 71 02 1 Job $ $
TOTAL OPTION 2 AMOUNT $
TOTAL ESTIMATED AMOUNT (BASE+ALL OPTIONS) $
1001 Demolition 02 41 00 1 Job $ $
1002 Install Integrated Power Assembly 26 23 00 1 Job $ $
1003 Install NRS Transformers 26 12 19 1 Job $ $
1004 Conduit and Cable 33 71 02 1 Job $ $
CLAUSES INCORPORATED BY REFERENCE
52.204-7 System for Award Management OCT 2016 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.214-3 Amendments To Invitations For Bids DEC 2016 52.214-4 False Statements In Bids APR 1984 52.214-5 Submission Of Bids DEC 2016 52.214-6 Explanation To Prospective Bidders APR 1984 52.214-7 Late Submissions, Modifications, and Withdrawals of Bids NOV 1999 52.214-18 Preparation of Bids-Construction APR 1984 52.214-34 Submission Of Offers In The English Language APR 1991 52.214-35 Submission Of Offers In U.S. Currency APR 1991 252.204-7008 Compliance With Safeguarding Covered Defense Information
Controls
OCT 2016
252.236-7008 Contract Prices-Bidding Schedules DEC 1991
CLAUSES INCORPORATED BY FULL TEXT
52.214-19 CONTRACT AWARD--SEALED BIDDING--CONSTRUCTION (AUG 1996)
(a) The Government will evaluate bids in response to this solicitation without discussions and will award a contract to the responsible bidder whose bid, conforming to the solicitation, will be most advantageous to the Government, considering only price and the price-related factors specified elsewhere in the solicitation.
(b) The Government may reject any or all bids, and waive informalities or minor irregularities in bids received.
(c) The Government may accept any item or combination of items, unless doing so is precluded by a restrictive limitation in the solicitation or the bid.
(d) The Government may reject a bid as nonresponsive if the prices bid are materially unbalanced between line items or subline items. A bid is materially unbalanced when it is based on prices significantly less than cost for some work and prices which are significantly overstated in relation to cost for other work, and if there is a reasonable doubt that the bid will result in the lowest overall cost to the Government even though it may be the low evaluated bid, or if it is so unbalanced as to be tantamount to allowing an advance payment.
(End of provison)
52.216-1 TYPE OF CONTRACT (APR 1984)
The Government contemplates award of a Firm Fixed-Price Construction contract resulting from this solicitation.
(End of provision)
52.217-5 EVALUATION OF OPTIONS (JUL 1990)
Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).
52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS--SECONDARY SITE OF THE WORK (MAY
2014)
(a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements,of this solicitation.
(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.
(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.
(2) The due date for receipt of offers will not be extended as a result of an offeror's request for a wage determination for a secondary site of the work.
52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL
EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)
(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.
(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:
Goals for minority participation for each trade
Goals for female participation for each trade
15.8% 6.9%
These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.
(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction,'' and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.
(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the --
(1) Name, address, and telephone number of the subcontractor;
(2) Employer's identification number of the subcontractor;
(3) Estimated dollar amount of the subcontract;
(4) Estimated starting and completion dates of the subcontract; and
(5) Geographical area in which the subcontract is to be performed.
(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is
Davidson County; Old Hickory, Tennessee
52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT--CONSTRUCTION MATERIALS (MAY 2014)
(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American --Construction Materials” (Federal Acquisition Regulation (FAR) clause 52.225-9).
(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.
(c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.
(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.
(d) Alternate offers.
(1) When an offer includes foreign construction material not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.
(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.
(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested--
(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or
(ii) May be accepted if revised during negotiations.
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 Twenty percent (20%) of the bid price or $3,000,000.00, whichever is less.-
(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.-
(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.
52.233-2 SERVICE OF PROTEST (SEP 2006)
(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:
U.S. Army Corps of Engineers Nashville Contracting Branch (CELRN-RC-N) J.W. Purcell, Contracting Officer Solicitation W912P518B0018 110 9th Avenue South, Room A-405 Nashville, TN 37203-3817
(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) An organized site visit has been scheduled for-- 22 August 2018 starting at 10:00 AM (Central Time)
(c) Participants will meet at--
Old Hickory Lock 1188 Cinder Road Old Hickory, TN 37138
NOTE: This will be the only guided site visit for this project. If you miss the scheduled site visit, no other arrangements will be made due to personnel and time restrictions. The site is a restricted area. Personnel desiring access must complete the registration process described in the FBO announcement in order to have a background check completed by the Nashville District Security Office prior to the site visit. All visitors will be escorted during the site visit.
NOTE: All participants are required to have personal safety equipment; i.e. hard hat and safety toe shoes. Safety equipment will not be provided. This is a mandatory requirement. Contractors who do not have these items present at the Site Visit will not be able to participate in the visit.
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/vmfara.htm http://farsite.hill.af.mil/vmdfara.htm
52.252-3 ALTERATIONS IN SOLICITATION (APR 1984)
Portions of this solicitation are altered as follows:
None at this time.
(End of Provision)
Section 00 45 00 - Representations and Certifications
52.204-19 Incorporation by Reference of Representations and
Certifications.
DEC 2014
252.203-7005 Representation Relating to Compensation of Former DoD Officials
NOV 2011
52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2018)
(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 238210.
(2) The small business size standard is $15,000,000.
(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.
(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.
(2) If the provision at 52.204-7 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) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation. This provision applies to all solicitations.
(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.
(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—
(A) Are not set aside for small business concerns;
(B) Exceed the simplified acquisition threshold; and
(C) Are for contracts that will be performed in the United States or its outlying areas.
(vi) 52.209-2; Prohibition on Contracting with Inverted Domestic Corporations--Representation.
(vii) 52.209-5; Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.
(viii) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.
(ix) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.
(x) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.
(xi) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.
(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.
(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.
(xii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.
(xiii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.
(xiv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.
(xv) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.
(xvi) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.
(xvii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.
(xviii) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.)
(xix) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.
(xx) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3.
(A) If the acquisition value is less than $25,000, the basic provision applies.
(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.
(C) If the acquisition value is $50,000 or more but is less than $80,317, the provision with its Alternate II applies.
(D) If the acquisition value is $80,317 or more but is less than $100,000, the provision with its Alternate III applies.
(xxi) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225- 5.
(xxii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.
(xxiii) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.
(xxiv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.
(2) The following representations or certifications are applicable as indicated by the Contracting Officer:
XX (i) 52.204-17, Ownership or Control of Offeror.
XX (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.
52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JULY 2013)
(a) Definitions. As used in this provision--
Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.
Federal contracts and grants with total value greater than $10,000,000 means--
(1) The total value of all current, active contracts and grants, including all priced options; and
(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).
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 business segment; and similar positions).
(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than $10,000,000.
(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:
(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:
(i) In a criminal proceeding, a conviction.
(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.
(iii) In an administrative proceeding, a finding of fault and liability that results in--
(A) The payment of a monetary fine or penalty of $5,000 or more; or
(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.
(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.
(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.
(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7).
52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JULY 2013)
(a) Definitions. As used in this clause--
Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.
Small business concern 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 (c) of this clause. Such a concern is ``not dominant in its field of operation'' when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged.
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