W912P520Q0010 Construction RFQ PIC HVAC.pdf

W38XDD93516279

PROJECT TITLE: Picw ick Lock, Relocate HVAC Condensers located in Counce, Hardin County, TN.

TYPE OF CONTRACT: Firm Fixed-Price Construction Contract.

DISCLOSURE OF MAGNITUDE OF THE PROPOSED PROJECT: Less than $25,000.00

NAICS Code: 238220 - Plumbing, Heating, and Air-Conditioning Contractors

SIZE STANDARD: $16.5 Million

TYPE OF SET-ASIDE: This is a Total Small Business Set-aside.

STEPHANIE A RICHARDSON 615-736-7932

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

21-May-2020

(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 ________45 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________FAR 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.)

YES X 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 ______________17 Jun 2020 (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 _______45 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

4. CONTRACT NO.

7. ISSUED BY CODE

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

10:00 AM (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:

W912P520Q0010 36

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

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

CODE FACILITY CODE

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

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

AMOUNTS SEE SCHEDULE OF PRICES

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

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

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

See Item 14

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

30B. SIGNATURE

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

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

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

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

30C. DATE

(Type or print)

TEL: EMAIL:

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

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

Section 00 10 00 - Solicitation

QUOTE INSTRUCTIONS

1. DESCRIPTION OF WORK: This is a 100% Small Business set-aside for labor, equipment, material, and quality control necessary to relocate two (2) four (4) ton HVAC condenser units from their existing location(s) to a designated area on the roof of the operations building located at Counce, Hardin County, Tennessee in accordance with the scope of work. The work includes fabrication of a mounting platform, demolition of existing service, relocation of two (2) HVAC condenser units, installation of new refrigerant lines, charging with refrigerant, electrical hookup to USACE provided disconnect, testing of system for leaks and functionality, and one (1) year warranty. USACE will provide crane and crane operator during the work. The intended purpose of the project is to locate the condenser units as close as possible to the air handlers so that the refrigerant line lengths can be made as short as possible.

2. TYPE OF CONTRACT: The Government intends to award a Firm-Fixed Price Construction contract.

3. BASIS FOR SELECTION OF AWARD: Award shall be made to the lowest priced offeror who is determined to be responsive and responsible. Quotes must exceed the scope of work/technical specifications and delivery schedule to be considered for award.

4. PLACE OF PERFORMANCE: Pickwick Landing Lock, 850 Carolina Lane, Counce, TN 38326.

5. PERIOD OF PERFORMANCE: The period of performance is forty-five (45) calendar days after Notice to Proceed.

6. SITE VISIT: Due to COVID-19 an organized physical site visit will not be offered. Instead, a virtual site visit is scheduled which includes a video/ slideshow presentation via Webex. Offerors are urged and expected to attend the virtual site visit regarding all general and local conditions that may affect the cost of the contract performance (FAR 52.237-1, Site Visit).

The Government has scheduled a virtual Site Visit for Monday, June 1, 2020 at 10:00 a.m. Central Time. See instructions below to register. Once cleared through security, the virtual site visit instructions will be sent via e-mail to the approved/registered attendee.

7. REQUIREMENT TO REGISTER TO ATTEND VIRTUAL SITE VISIT: Only registered persons will be permitted to attend the virtual site visit. In addition to the below information, please also provide name of the firm, firm’s CAGE and/or DUNS number, and name and position title of primary point-of-contact and their telephone number and email address. Only two persons from each business entity will be permitted to attend.

U.S. Citizens: To register, U.S. citizens interested in attending the virtual site visit must submit a Nashville District (LRN) Security Access Form to the Point of Contract (POC), Contract Specialist Stephanie Richardson, via email to stephanie.a.richardson@usace.army.mil no later than three (3) business days prior to the site visit.

If submitting the form in less than three business days, the person may not receive approval for participation.

Notification of approval or denial will be provided prior to the date of the site visit. The form is available as a pdf attachment on www.beta.sam.gov with this solicitation and is titled as Site Visit Registration Form.

Foreign Nationals (FNs): FNs wishing to attend the virtual site visit shall submit a completed LRN FN Security Form and legible color copies of two of the following documents: Passport (unexpired or expired), Certificate of U.S.Citizenship (INS Form N-560 04 N-561), Certificate of Naturalization (INS Form N-550 or N-570), unexpired foreign Passport with I-551 stamp or attached INS Form I-94 indicating unexpired employment authorization, an Alien Registration Receipt Card with photo (INS Form I-151 or I-551), unexpired Temporary Resident Card (INS Form I-688), unexpired Employment Authorization Card (INS Form I-688A), unexpired Reentry Permit (INS Form I-327), unexpired Refugee Travel Document (INS- Form I¬571), or unexpired Employment Authorization Documentation issued by the INS which contains a photograph (INS Form I-688B) to the LRN POC. These documents must be submitted prior to the site visit. Exceptions will be considered on a case by case basis but will be limited. The form is available at:

http://www.lrn.usace.army.mil/Portals/49/docs/Security/Sec%20508%20Foreign%20National%20Sec%20Acce ss%20Form%20JUN%202014.pdf

Additional information on Contract Security Requirements is located at:

http://www.lrn.usace.army.mil/Business-With-Us/Contract-Security-Requirements/

8. INSURANCE. Contractor shall carry Liability Insurance. See FAR clause 52.228-5, Insurance – Work on A Government Installation.

9. POC FOR COMMUNICATIONS: Any communications regarding this procurement before award must be made in writing to the Contracting Branch, Attn: Stephanie Richardson at email stephanie.a.richardson@usace.army.mil. Inquiries must identify the solicitation number, the requestor’s company name, address, email address, and telephone number to include area code.

10. QUESTIONS: Questions must be submitted to Stephanie Richardson at email stephanie.a.richardson@usace.army.mil by Monday, June 8, 2020 at 01:00 p.m. Central Time.

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 allowed.

11. QUOTE SUBMISSION:

a. Quotes shall be emailed to Stephanie Richardson at stephanie.a.richardson@usace.army.mil by Wednesday, June 17, 2020 at 10:00 a.m. Central Time.

b. The quote shall include the following elements to be considered for award:

(1) SF 1442: Filled out by the vendor for: Block 14, Block 30a, Block 30b, and Block 30c.

(2) All Amendments (SF 30s): Signed if applicable.

(3) Complete CLIN(s): Include the Total Price for Line Item Numbers 0001 and 0002.

(4) In accordance with FAR 52.204-7, System for Award Management, registration is required in the System for Award Management (SAM) database located at www.sam.gov. More specifically, “An Offeror is required to be registered in SAM when submitting an offer or quotation, and shall continue to be registered until time of award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation." (See FAR 52.204-7(b) (1)).

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

(5) Provide business Unique Entity Identifier (previously known as DUNS) _______________________________ (phone 800-333-0505 for DUNS).

(6) Provide business CAGE code: __________________________________

(7) Tax Identification Number: ____________________________________

12. APPARENT SUCCESSFUL OFFEROR: The following may be requested from the apparent successful offeror prior to actual award of the contract:

a. A minimum of one (1) banking reference for their firm and a minimum of three (3) past performance references for similar contracted work.

(1) The banking reference should 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.

(2) The past performance references should 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.

13. 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=110826&site_id=856&service_category_ID=14

SCOPE OF WORK

U.S. ARMY CORPS OF ENGINEERS (USACE)

NASHVILLE DISTRICT

PICKWICK LANDING LOCK

RELOCATION OF TWO HVAC CONDENSOR UNITS

1.1 GENERAL DESCRIPTION

The contractor shall supply all labor, equipment, material, and quality control necessary to relocate two (2) 4 ton HVAC condenser units from their exist location to a designated area on the operations building roof. The work includes fabrication of a mounting platform as described herein and on the reference drawings, demolition of existing service, relocate two (2) HVAC condenser units, installation of new refrigerant lines, charge with refrigerant, electrical hookup to USACE provided disconnect, testing of system for leaks and functionality, and one (1) year warranty.

USACE will provide crane and crane operator during the work.

The intended purpose of the project is to locate the condenser units as close as possible to the air handlers so that the refrigerant line lengths can be made as short as possible. The description of work herein is not intended to be all inclusive but rather describes major elements required to provide a properly functioning HVAC system. The contractor is responsible for developing their complete plan and providing all labor, equipment, materials to accomplish the work.

1.1.1 Contractor will fabricate two (2) new mounting platforms for the existing HVAC condenser units. Mounting platform shall be fabricated as described in the contract drawings and mounted to the roof parapet wall in the location specified by the lockmaster. Generally, condenser units will be located near their corresponding air handling unit. Platform shall be welded construction and fabricated from 3x3 steel angle. Contractor shall core drill through the parapet wall and anchor the mounting platform using specified anchoring hardware.

The mounting platform, when installed, shall not bear any load on the standing seam roof.

1.1.2 Contractor shall be responsible for all work required to fully and safely disconnect the existing condenser units from the existing system. Contractor shall be responsible for the proper capture of existing refrigerant.

1.1.3 Contractor shall place the existing two (2) HVAC condenser units on the new mounting platforms and anchor the units securely. USACE will provide crane, rigging and crane operator during the work.

1.1.4 Contractor shall properly size and install new refrigerant line set. The new refrigerant lines shall be routed through the parapet wall soffit and into the building attic space. Contractor shall field locate and route refrigerate lines inside the building such that the routing utilizes the most direct route without unnecessary bends and provides proper clearance for personnel and equipment. Lockmaster will approve the routing prior to installation.

1.1.4.1 The current system utilizes R 401A as the heat transfer fluid. Contractor will perform retrofit of system to utilize industry, USDA and EPA approved alternative. SS

1.1.5 The Government will provide an electrical disconnect at an agreed upon location. Electrical service provided at the disconnect will be 230V/single phase/60 Hz/30A. The Contractor shall be responsible for electrical requirements and materials from the provided disconnect to the condenser units, all required low voltage connections, and proper grounding.

1.1.6 All contractor work shall be of high quality and in accordance with the manufacturer’s instructions and prudent industry standards.

1.1.7 All contractors work shall function fully with existing lock features. Contractor shall prove by testing in the presents of the Governments’ representative that the work functions properly. Contractor shall warranty all work and materials for a period of one (1) calendar year from the time the work is accepted by the Government.

1.1.8 Work areas shall be cleaned each day. Upon completion of the work the contractor shall take care to return each work area to a level of cleanliness equal to that which existed prior to the work.

1.2 PERFORMANCE

1.2.1 All work and deliveries shall occur Monday through Thursday between the hours of 6:00 AM and 4:30 PM (Central Time Zone).

1.2.2 Work and deliveries shall not occur on any federally observed holidays. The official listing of all federally observed holidays can be found at: https://www.opm.gov/policy-data-oversight/pay-leave/federal-holidays/

1.2.3 Period of performance: Contractor shall have 45 calendar days from the Notice to Proceed to complete all requirements herein.

1.2.4 The Contractor shall contact the Lockmaster at 731-925-2334 to schedule any site visits, material deliveries and mobilization. The project site is located at: Pickwick Landing Lock, 850 Carolina Lane, Counce, TN 38326.

1.3 PERMITS AND LICENSES

1.3.1 The Contractor shall, at his/her own expense, obtain any licenses, permits or bonding required to perform the requirements herein.

1.4 SUBMITTALS

The Contractor shall provide a submittal package, as specified below, to the Governments’ Representative. The Contractor shall allow up to seven (7) Business days for the review of submittal package. The Contractor shall revise and resubmit any rejected submittals until they have been approved.

1.4.1 Accident Prevention Plan (APP): The Contractor shall prepare and submit an APP as required by the U.S.

Army Corps of Engineers EM 385-1-1 Safety and Health Requirements Manual. The Contractor shall not mobilize until this submittal has been approved.

1.4.2 Activity Hazard Analysis (AHA): The Contractor shall prepare and submit an AHA as required by the U.S.

Army Corps of Engineers EM 385-1-1 Safety and Health Requirements Manual. The Contractor shall not mobilize until this submittal has been approved.

1.4.3 Product Data Sheets: The Contractor shall submit product data sheets, instruction manual, maintenance manual and CAD/schematic drawings. The Contractor shall not order any materials until these product data submittals are approved.

1.4.4 Project Schedule: The Contractor shall submit, within ten (10) calendar days of contract award, a project schedule. The schedule shall details major items of work and clearly indicates the contractors’ ability to complete the work within the contract performance period.

1.5 SECURITY

1.5.1 General: All contractor and associated sub-contractor employees shall comply with all applicable project and local security policies and procedures (provided by the district representative). The contractor shall also provide all information required for background checks to meet installation/facility access requirements to be accomplished by the District Security Management Office. Contractor workforce must comply with all personal identity verification requirements (FAR Clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any installation or facility change, the Government may require changes in contractor security matters or processes.

1.5.2 Investigations: The work is expected to last less than six months. If the work is being done at a Corps facility within a controlled area, the investigation requirements fall under Category B1 for US Citizens and Category C for Foreign Nationals. Contract employees will need to be supervised/ escorted by a Corps employee while within the restricted area. In the event it is determined the contract will extend beyond six months, the contractor will need to comply with the requirements in Category B2 for US Citizens. Guidance and forms for the requirements are available on the Nashville District Public Website:

http://www.lrn.usace.army.mil/BusinessWithUs/ContractSecurityRequirements.aspx.

For contract employees who only arrive on-site to pick up or drop off (i.e. truck drivers) equipment and are there specifically to provide a delivery and/or supply service, there are no investigation requirements. However, these employees will be escorted at all times in the restricted area.

1.5.3 Convict Labor: Because the work is being performed in a restricted area, there are restrictions on use of persons either imprisoned or previously convicted of a felony. The Contractor shall not employ in the performance of this contract any person undergoing a sentence of imprisonment imposed by any court of a State, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, or the U.S. Virgin Islands, or the US Federal Government. The Contractor shall not employ in the performance of this contract any person who has been convicted of a felony imposed by any court of a State, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, or the US Federal Government.

1.5.4 Escorts: All contract employees, including subcontractor employees who are not in possession of the appropriate security clearance or access privileges, will be escorted in areas where they may be exposed to classified and/or sensitive materials and/or sensitive or restricted areas.

1.5.5 E-verify: The Contractor must pre-screen potential employees to work on this contract using the E-verify Program (http:www.uscis.gov/e-verify) website to meet the established eligibility requirements. The Contractor must ensure that the employee has two valid forms of Government issued identification prior to enrollment to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible contract employees must be provided to the Project Representative no later than 3 business days after the initial contract award.

1.5.6 Conduct of Contract Employees: All contract employees and subcontractors shall conduct themselves in a proper manner at all times. No alcoholic or intoxicating beverages or substances or illegal drugs or controlled substances not prescribed by a physician shall be possessed, consumed, or be under the influence of any such substance while on Government property.

The Contractor shall remove from the site any individual whose continued employment is deemed by the appointed receiving agent to be contrary to the public interest or inconsistent with the best interests of the U.S. Army Corps of Engineers.

The Contracting Officer or the appointed receiving agent will require the Contractor to immediately remove from the work site anyone who is incompetent or who endangers persons or property or whose physical or mental condition is such that it would impair the employee’s ability to satisfactorily perform the work. Notification to the Contractor will be made in writing if time and circumstances permit. Otherwise, notification will be verbal and will be confirmed in writing as soon as possible. No such removal, however, will reduce the Contractor's obligation to perform all work required under this contract and immediate replacement shall be made as required.

1.5.7 Damage or Loss of Contractor’s Supplies and Property: The Contractor is responsible for taking the action necessary to protect Contractor supplies, materials and equipment, and the personal property of Contractor employees from loss, damage or theft. The Government assumes no responsibility for theft, damage, etc., of the above. All incidents of theft (or suspected theft) of contractor materials, supplies, or equipment from project lands shall be reported to the Project Representative.

1.5.8 Reports of Crime: Please ensure ALL reports of theft, suspected theft, vandalism, or ANY crime of Government OR Contractor property, OR crime against/by Contractor personnel is forwarded to the District Security Office. This information is critical for threat and risk assessments and may assist in obtaining funds for additional security measures.

1.5.9 Release of Information: The contractor shall not make available to the news media or publicly disclose any data generated or reviewed under this contract. Any inquiry received by the contractor for information concerning work performed under this contract shall be referred to the Government for evaluation under the Freedom of Information Act of 1975, Public Law 93-502, 5 U.S.C., Section 552. The determination of whether records will be released will remain with the Government. The contractor shall assist the Project Representative in compiling information or records for submission upon request by the government. Reports and data generated under this contract shall become the property of the Government and distribution to any other source by the contractor, unless authorized is prohibited.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job

FABRICATE & INSTALL

FFP

TWO (2) CONDENSER UNIT PLATFORMS AT PICWICK LOCK IN

ACCORDANCE WITH THE ATTACHED SCOPE OF WORK

FOB: Destination

MILSTRIP: W38XDD93516279

PURCHASE REQUEST NUMBER: W38XDD93516279

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 1 Job

RELOCATE TWO (2) CONDENSER UNITS

FFP

RECHARGE SYSTEM AND TEST IN ACCORDANCE WITH THE

ATTACHED SCOPE OF WORK

FOB: Destination

MILSTRIP: W38XDD93516279

PURCHASE REQUEST NUMBER: W38XDD93516279

NET AMT

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 45 dys. ANP 1 PICKWICK LANDING LOCK

850 CAROLINA LANE

COUNCE TN 38326-9737

FOB: Destination

H3R0GAB

0002 45 dys. ANP 1 (SAME AS PREVIOUS LOCATION)

FOB: Destination

H3R0GAB

Section 00 21 00 - Instructions

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-22 Alternative Line Item Proposal JAN 2017 52.222-5 Construction Wage Rate Requirements--Secondary Site of the

Work

MAY 2014

252.204-7008 Compliance With Safeguarding Covered Defense Information Controls

OCT 2016

CLAUSES INCORPORATED BY FULL TEXT

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.

(End of provision)

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

https://www.acquisition.gov/browse/index/far

52.252-3 ALTERATIONS IN SOLICITATION (APR 1984)

Portions of this solicitation are altered as follows:

None at this time

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of"(DEVIATION)" after the date of the provision.

(b) The use in this solicitation of any Department of Defense Federal Acquisition Regulation Supplement (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

Section 00 45 00 - Representations and Certifications

252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (DEC 2019)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 238220.

(2) The small business size standard is $16,500,000.

(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, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

( ) Paragraph (d) applies.

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

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

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

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

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

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

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

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation. This provision applies to all solicitations.

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

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.204-26, Covered Telecommunications Equipment or Services--Representation. This provision applies to all solicitations.

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

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

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

(x) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

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

(xii) 52.219-1, Small Business Program Representations (Basic & 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.

(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

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

(xv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

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

(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

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

(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.)

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

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

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

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

(C) If the acquisition value is $50,000 or more but is less than $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.

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

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

(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.

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

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

[Contracting Officer check as appropriate.]

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

(ii) 52.204-20, Predecessor of Offeror.

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

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

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

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

(vii) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

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

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

FAR Clause Title Date Change

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

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (DEC 2019)

The Offeror shall not complete the representation in this provision if the Offeror has represented that it “does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument” in the provision at 52.204-26, Covered Telecommunications Equipment or Services--Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications--Commercial Items.

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

Covered telecommunications equipment or services, critical technology, and substantial or essential component have the meanings provided in clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Contractors are not prohibited from providing--

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(d) Representation. The Offeror represents that it [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation.

(e) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it “will'' provide covered telecommunications equipment or services”, the Offeror shall provide the following information as part of the offer-

(1) A description of all covered telecommunications equipment and services offered (include brand; model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);

(2) Explanation of the proposed use of covered telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b) of this provision;

(3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known); and

(4) For equipment, the entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).

252.204-7016 COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR SERVICES --

REPRESENTATION (DEC 2019)

(a) Definitions. As used in this provision, covered defense telecommunications equipment or services has the meaning provided in the clause 252.204-7018, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered defense telecommunications equipment or services”.

(c) Representation. The Offeror represents that it [ ] does, [ ] does not provide covered defense telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

252.204-7017 PROHIBITION ON THE ACQUISITON OF COVERED DEFENSE TELECOMMUNICATIONS

EQUIPMENT OR SERVICES--REPRESENTATION (DEC 2019)

The Offeror is not required to complete the representation in this provision if the Offeror has represented in the provision at 252.204-7016, Covered Defense Telecommunications Equipment or Services--Representation, that it “does not provide covered defense telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.”

(a) Definitions. Covered defense telecommunications equipment or services, covered mission, critical technology, and substantial or essential component, as used in this provision, have the meanings given in the 252.204-7018 clause, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services, of this solicitation.

(b) Prohibition. Section 1656 of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91) prohibits agencies from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) at https://www.sam.gov for entities that are excluded when providing any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless a waiver is granted.

(d) Representation. If in its annual representations and certifications in SAM the Offeror has represented in paragraph (c) of the provision at 252.204-7016, Covered Defense Telecommunications Equipment or Services-- Representation, that it “does” provide covered defense telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument, then the Offeror shall complete the following additional representation:

The Offeror represents that it [ ] will [ ] will not provide covered defense telecommunications equipment or services as a part of its offered products or services to DoD in the performance of any award resulting from this solicitation.

(e) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it “will provide covered defense telecommunications equipment or services,” the Offeror shall provide the following information as part of the offer:

(1) A description of all covered defense telecommunications equipment and services offered (include brand or manufacturer; product, such as model number, original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable).

(2) An explanation of the proposed use of covered defense telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition referenced in paragraph (b) of this provision.

(3) For services, the entity providing the covered defense telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known).

(4) For equipment, the entity that produced or provided the covered defense telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).

Section 00 70 00 - Conditions of the Contract

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 System for Award Management Maintenance OCT 2018 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.222-6 Construction Wage Rate Requirements AUG 2018 52.222-7 Withholding of Funds MAY 2014 52.222-8 Payrolls and Basic Records AUG 2018 52.222-9 Apprentices and Trainees JUL 2005 52.222-10 Compliance with Copeland Act Requirements FEB 1988 52.222-11 Subcontracts (Labor Standards) MAY 2014 52.222-12 Contract Termination-Debarment MAY 2014 52.222-13 Compliance With Construction Wage Rate Requirements and

Related Regulations

MAY 2014

52.222-14 Disputes Concerning Labor Standards FEB 1988 52.222-15 Certification of Eligibility MAY 2014 52.222-27 Affirmative Action Compliance Requirements for

Construction

APR 2015

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

SEP 2013

52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

AUG 2018

52.223-18 Encouraging Contractor Policies To Ban Text…