114419_FY21 Chi Lock Power Distribution Upgrade_RTA_SPECS(10-Aug-21).pdf
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- W912P621B0015 CHICAGO HARBOR LOCK POWER DISTRIBUTION UPGRADE, CHICAGO HARBOR, CHICAGO, IL
- Solicitation number
- W912P621B0015
About this file
This solicitation is for the Chicago Harbor Lock Power Distribution Upgrade project located in Chicago, Illinois. The project scope includes removing an existing generator and replacing it with a new 300 KVA standby generator along with associated new conductors and conduits. The scope also replaces incompatible conduits and all associated conductors. The North American Industry Classification System code is 237130, with a small business size standard of $39.5 million. The estimated construction costs are between $250,000 to $500,000. The solicitation is restricted to small business concerns and applicable wage rates are provided. The bid responses are due by August 30, 2021 and award will be a firm-fixed-price construction contract to the responsive responsible bidder providing the lowest aggregate price.
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SOLICITAITON NO: W912P621B0015
CHICAGO DISTRICT
LEADERS IN CUSTOMER CARE
CHICAGO LOCK POWER
DISTRIBUTION
CHICAGO, IL
CONSTRUCTION SOLICITATION
AND SPECIFICATIONS
Certified Final Documents – Ready to Advertise W912P621B0015 August 10, 2021
CHL Power Distribution, Chicago, IL W912P621B0015
PROJECT TABLE OF CONTENTS
DIVISION 00 PROCUREMENT AND CONTRACTING REQUIREMENTS
00 10 00 SOLICITATION
00 21 13 INSTRUCTIONS TO BIDDERS
00 22 13 SUPPLEMENTARY INSTRUCTIONS TO BIDDERS
00 45 00 REPRESENTATIONS AND CERTIFICATIONS
00 50 00 CONTRACTING FORMS AND SUPPLEMENTS
00 70 00 CONDITIONS OF THE CONTRACT
00 73 00 SUPPLEMENTARY CONDITIONS
WAGE RATES
DIVISION 01 GENERAL REQUIREMENTS
01 10 00 GENERAL PROVISIONS
01 11 00 SUMMARY OF WORK
01 22 00.00 10 PRICE AND PAYMENT PROCEDURES
01 32 01.00 10 PROJECT SCHEDULE
01 33 00 SUBMITTAL PROCEDURES
01 35 26 GOVERNMENTAL SAFETY REQUIREMENTS
01 42 00 SOURCES FOR REFERENCE PUBLICATIONS
01 45 00.00 10 QUALITY CONTROL
01 45 00.15 10 RESIDENT MANAGEMENT SYSTEM CONTRACTOR MODE (RMS CM)
01 50 00 TEMPORARY CONSTRUCTION FACILITIES AND CONTROLS
01 57 20.01 03 ENVIRONMENTAL PROTECTION FOR ILLINOIS
01 78 00 CLOSEOUT SUBMITTALS
DIVISION 02 EXISTING CONDITIONS
02 41 00 DEMOLITION
DIVISION 03 CONCRETE
03 30 53 MISCELLANEOUS CONCRETE
DIVISION 26 ELECTRICAL
26 05 00.00 40 COMMON WORK RESULTS FOR ELECTRICAL
26 05 19.10 10 INSULATED WIRE AND CABLE
26 05 26.00 40 GROUNDING AND BONDING FOR ELECTRICAL SYSTEMS
26 05 71.00 40 LOW VOLTAGE OVERCURRENT PROTECTIVE DEVICES
26 08 00 APPARATUS INSPECTION AND TESTING
26 28 01.00 10 COORDINATED POWER SYSTEM PROTECTION
26 28 21.00 40 AUTOMATIC TRANSFER SWITCHES
26 32 15.00 ENGINE-GENERATOR SET STATIONARY 15-2500 KW, WITH
AUXILIARIES
DIVISION 31 EARTHWORK
31 00 00 EARTHWORK
U U
-- End of Project Table of Contents –
W81G6611307068
PROJECT TITLE: Chicago Harbor Lock Pow er Distribution Upgrades, Chicago Harbor Lock, Chicago, IL
PROJECT DESCRIPTION: The project includes the removing an existing generator and replacing w ith a new 300 KVA standby generator along w ith its associated new conductors and conduits. The scope also includes replacing incompatible conduits and all associated conductors.
TYPE OF COMPETITION: 100% Total Small Business Set-Aside.
The North American Industry Classif ication System code (NAICS) is 237130, w ith a small business size standard of $39.5M.
The estimated magnitude of construction costs is betw een $250,000.00 and $500,000.00.
Applicable Wage Rates: General Decision Number: IL20210009 07/30/2021 /(enclosed hereunder)
Note: in this document, offer meands "bid" and offeror means "bidder".
X
TINA M BROCK (502) 315-7402
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
05-Aug-2021
(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 ________365 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________00 70 00
12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?
(If "YES," indicate within how many calendar days after award in Item 12B.)
X YES NO
13. ADDITIONAL SOLICITATION REQUIREMENTS:
A. Sealed offers in original and __________ copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________30 Aug 2021 (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 _______90 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
U. S. ARMY ENGINEER DISTRICT, CHICAGO
231 SOUTH LASALLE STREET SUITE 1500
CHICAGO IL 60604-1437
W912P6
PAGE OF PAGES
1 OF
CODE
(Title, identifying no., date):
12B. CALENDAR DAYS
02:00 PM (hour)
Sealed envelopes containing offers
5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.
8. ADDRESS OFFER TO (If Other Than Item 7)
FAX:TEL: TEL: FAX:
W912P621B0015 52
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
BID SCHEDULE
THE BELOW SECTION OF THIS SOLICITATION SHALL BE USED BY BIDDERS TO ENTER THEIR BID PRICES; IT IS ALSO CONSIDERED THE “BID SCHEDULE” AS TERMED THROUGHOUT THE SOLICITATION. The page numbering may be off due to inserted documents.
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 1 Job ATS Replacement and Wiring
FFP
PURCHASE REQUEST NUMBER: W81G6611307068
NET AMT
0002 1 Job ATS Removal and Disposals
FFP
0003 1 Lot Performance and Payment Bonds
FFP
This item is for performance and payment bonds, which is applicable to line items
0001 and 0002. Payment for bond premiums will be in accordance with paragraph
(a) of FAR Clause 52.232-5 (DEV) (Payments under Fixed Price Construction
Contracts). Adjustment(s) to the line item will also be made for any revisions associated with contract price changes (re: FAR 52.228-15 (DEV), Performance and Payment Bonds Construction).
0004 1 Job OPTION GENSET Removal and Disposal Option
FFP
At the discretion of the government, this Option Item may be awarded via a formal contract modification under the Contract. If awarded, the option will be exercised within 8 months following the Contractor's acknowledgment of the Notice to
Proceed. Permitting the award of this option, the Contractor will be required to increase its bonding coverage, re: FAR Clause 52.228-15 (DEV) at Section 00 70
00 of the solicitation and resulting contract.
0005 1 Job OPTION Genset Replacement and Wiring Option
FFP
At the discretion of the govenment, this option item may be awarded via a formal contract modification under the contract. If awarded, the option will be exercised within 8 (eight) months following the Contractor's acknowledgment of the Notice to Proceed. Permitting the award of this option, the Contractor will be required to increase its bonding coverage, re: FAR Clause 52.228-15 (Dev) at Section 00 70 00 of this solicitation and resulting contract.
0006 1 Job OPTION Incompatible Conduit & Wiring Repl Optio
FFP
At the discretion of the government, this Option Item may be awarded via a formal contract modification under the Contract. If awarded, the option will be exercised within 8 months following the Contractor's acknowledgment of the Notice to
Proceed. Permitting the award of this option, the Contractor will be required to increase its bonding coverage, re: FAR Clause 52.228-15 (DEV) at Section 00 70
0007 1 Job OPTION Concrete Pad Installation Option
FFP
At the discretion of the government, this Option Item may be awarded via a formal contract modification under the Contract. If awarded, the option will be exercised within 8 months following the Contractor's acknowledgment of the Notice to
Proceed. Permitting the award of this option, the Contractor will be required to increase its bonding coverage, re: FAR Clause 52.228-15 (DEV) at Section 00 70
FOB: Destination
0008 1 Lot OPTION Performance and Payment Bonds Option
FFP
This item is for performance and payment bonds, which is applicable to line items
0004, 0005, 0006 and 0007. Payment for bond premiums will be in accordance with paragraph (a) of FAR Clause 52.232-5 (DEV) (Payments under Fixed Price
Construction Contracts). Adjustment(s) to the line item will also be made for any revisions associated with contract price changes (re: FAR 52.228-15 (DEV), Performance and Payment Bonds Construction).
FOB: Destination
SUMMATION OF BID PRICE:
LINE ITEMS 0001, 0002, and 0003: $__________________________
OPTION LINE ITEMS 0004, 0005, 0006, 0007 and 0008: $__________________________
OVERALL BID PRICE (ALL ABOVE MENTIONED LINE ITEMS, TO INCLUDE THE OPTIONS):
Section 00 21 13 - Instructions to Bidders
CLAUSES INCORPORATED BY REFERENCE
52.204-16 Commercial and Government Entity Code Reporting AUG 2020
52.204-22 Alternative Line Item Proposal JAN 2017
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
52.214-19 Contract Award-Sealed Bidding-Construction AUG 1996
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
252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements NOV 2020
CLAUSES INCORPORATED BY FULL TEXT
52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)
(a) Definitions. As used in this provision--
Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for
Award Management records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.
Registered in the System for Award Management (SAM) means that--
(1) The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding
Accountability and Transparency Act of 2006 (see subpart 4.14) into SAM;
(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of Contact sections of the registration in SAM;
(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification
Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and
(4) The Government has marked the record ``Active''.
Unique entity identifier means a number or other identifier used to identify a specific commercial, nonprofit, or
Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.
(b)(1) 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.
http://www.sam.gov/
(2) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation
``Unique Entity Identifier'' followed by the unique entity identifier that identifies the Offeror's name and address exactly as stated in the offer. The Offeror also shall enter its EFT indicator, if applicable. The unique entity identifier will be used by the Contracting Officer to verify that the Offeror is registered in SAM.
(c) If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for establishment of the unique entity identifier directly to obtain one. The Offeror should be prepared to provide the following information:
(1) Company legal business name.
(2) Tradestyle, doing business, or other name by which your entity is commonly recognized.
(3) Company physical street address, city, state, and Zip Code.
(4) Company mailing address, city, state and Zip Code (if separate from physical).
(5) Company telephone number.
(6) Date the company was started.
(7) Number of employees at your location.
(8) Chief executive officer/key manager.
(9) Line of business (industry).
(10) Company headquarters name and address (reporting relationship within your entity).
(d) Processing time should be taken into consideration when registering. Offerors who are not registered in SAM should consider applying for registration immediately upon receipt of this solicitation. See https://www.sam.gov for information on registration.
(End of Provision)
52.216-1 TYPE OF CONTRACT (APR 1984)
The Government contemplates award of a FIRM FIXED PRICE CONSTRUCTION contract resulting from this
(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).
http://www.sam.gov/ https://www.sam.gov/
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.
52.225-10 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 20 percent of the bid price or $3M, 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:
Mr. John C. Butts, 231 South LaSalle Street, Suite 1500, Chicago, Illinois 60604.
(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)
(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.
(b) Site visits may be arranged during normal duty hours by contacting:
Name: Jereniah Haley
Address: USACE – Chicago District, 231 South LaSalle Street, Suite 1500, Chicago, IL 60604
Telephone: 256-684-9967
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):
For FAR clauses and provisions, visit: www.acquisition.gov/far
For DFARS clauses and provisions, visit: www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html
52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)
(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 FAR OR DEFENSE FEDERAL ACQUISITION REGULATION (DFARS)
(48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
252.236-7008 CONTRACT PRICES - BIDDING SCHEDULES. (DEC 1991)
(a) The Government's payment for the items listed in the Bidding Schedule shall constitute full compensation to the
Contractor for --
(1) Furnishing all plant, labor, equipment, appliances, and materials; and http://www.acquisition.gov/far
(2) Performing all operations required to complete the work in conformity with the drawings and specifications.
(b) The Contractor shall include in the prices for the items listed in the Bidding Schedule all costs for work in the specifications, whether or not specifically listed in the Bidding Schedule.
Section 00 22 13 - Supplementary Instructions to Bidders
IMPORTANT BID NOTES
1. BID CONDITIONS:
a. The Contractor shall bid ALL items that are contained in the Bid Schedule, with no exceptions. Should a
Contractor fail to fully complete the bid schedule, its bid will not be considered responsive to the solicitation and eligible for the resultant contract award. Therefore, the bidder’s total price for the work shall be based on the TOTAL of all items included in the Bid Schedule. The Contractor shall enter both its unit price and extended price for each Bid Item. AT THE SUMMATION OF BIDS SECTION, contractors shall ensure their total bid price is summed correctly. The Contracting Officer reserves authority to correct math mistakes in accordance with the Federal Acquisition Regulation Subpart provisions at 14.407-2, “Apparent clerical mistakes.”
b. From this Solicitation, the Government intends to award one firm-fixed price contract to the responsive, responsible bidder submitting the lowest aggregate price for all Base and Option Items. The intent is immediately award the base items at the time of award.
c. Split or multiple awards will not result from this Solicitation.
d. Bidders are required to acknowledge the receipt of all amendments to the Solicitation on the Standard
Form 1442 in the space provided OR, by completing Blocks 8 and 15 of the Amendment Form itself
(Standard Form 30) and emailing the acknowledgement to Tina Brock at tina.m.brock@usace.army.mil.
e. SF 1442 BACK (Page 2 of the Solicitation): Bidders shall fully complete all the required areas located on
Page 2 of the Solicitation document (SF 1442 Back) - refer to Block’s 14 through 20C.
f. Section 00 45 00 (Representations and Certifications): The bidder must complete the applicable boxes found at Section 00 45 00 of this Solicitation and submit the completed Section along with all other documents required by this Solicitation. In order to place a bid in response to this Solicitation, the bidder must be registered in an “active status” at the System for Award Management (SAM) (registration can be completed on line for free at www.sam.gov). Accordingly, any bid furnished from contractor without an active registration at SAM may be considered non-responsive to the material requirements of this
Solicitation and ineligible for award. Contractors must comply with 52.204-7, 52.204-8, 52.232-33 and any other requirements in this solicitation through SAM.
2. BID SUBMISSION:
a. Bids shall be submitted by EMAIL to Tina Brock at tina.m.brock@usace.army.mil WITH A
COPY FURNISHED to Michael Jones at michael.t.jones@usace.army.mil.
b. In consideration of the provisions of Subpart 14.301 of the Federal Acquisition Regulation, wherein the “responsiveness of bids” is provisioned, bidders must comply with all material respects of this Solicitation (Invitation for Bids) to be considered for the resulting award.
Accordingly, bids must be in compliance with the submission requirements discussed below.
c. METHOD OF BID SUBMISSION: ALL BIDS IN RESPONSE TO THIS SOLICITATION
SHALL BE SUBMITTED BY ELECTRONIC MAIL (EMAIL). THE SUBJECT LINE OF
YOUR EMAIL SHALL INCLUDE THE SOLICITATION AND PROJECT TITLE.
(1) Emailed Bids shall be transmitted and accompanied by all other required documents (re:
“Important Bid Notes,” Solicitation Section 00 22 13). The Bidder’s bid and all required documents shall be attached therein the Email. The subject line of the Email shall contain the Solicitation Number and Project title. The Bidder shall verify all contents of mailto:tina.m.brock@usace.army.mil mailto:michael.t.jones@usace.army.mil its attachments to ensure they are readable and in full compliance with the Solicitation requirements. Therefore, prior to submitting the bid, the Bidder shall ensure all bid documents are in conformance and enclosed for bidding purposes. The date and time stamp provided via the government’s email will constitute the time of receipt of a bid package. The government will acknowledge receipt of the Bidder’s email. The government will not review the Bid or any of the attachments provided via the Bidder’s email until the Bid Opening. All electronically submitted files by Email CANNOT
EXCEED this Agency's size limit of 20MB (includes email and its attachment); files exceeding this size will be denied access to the aforementioned email inboxes. It is the responsibility of the contractor to determine the size of its electronic file. Should the Bidder need to break up its submittal, it may provide its attachment under separate emails to avoid exceeding the size limit. The last email received will constitute the full submission of the Bid, e.g. the time received by the government.
(2) TIME OF SUBMISSION: Bids are required prior to 2:00 p.m. (Central Time) as specified on
Page 1 of this Solicitation, Block #13a. Please note, FAR Subpart 14.302 Bid submission;
“Bids shall be submitted so that they will be received in the office designated in the invitation for bids not later than the exact time set for opening of bids.”
(3) VIRTUAL BID OPENING: For this procurement, Contracting will conduct a virtual Bid
Opening in accordance with the below provisions. These procedures are being used because of the current public health concerns affiliated with COVID-19.
(4) VIRTUAL BID OPENING PROVISIONS/ PARTICIPATION:
THE VIRTUAL BID OPENING WILL BEGIN AT 2:30 P.M. (CENTRAL TIME) ON the date specified on Page 1 of this Solicitation, Block #13a. (Bids are due PRIOR to 2 p.m.
(Central Time) - THE WEBEX AND AUDIO INFORMATION FOR THE VIRTUAL BID
OPENING FOLLOWS:
Interested individuals will navigate to a WEBEX link. The bids will be read aloud and individuals will be able to view the Bid Opening information on the WEBEX screen as the bids are opened. Should technological issues ensue from the visual viewing at the WEBEX, the audio access will take precedence and satisfy the conditions of bids being communicated publicly/read aloud. Within 3 days prior to the bid opening, the government will provide a meeting link with a password and phone number at the beta.sam.gov website (https://beta.sam.gov), wherein the Solicitation package is published.
(5) BID GUARANTEE:
Bidders are required to submit a Bid Guarantee for this project in accordance with the
Federal Acquisition Regulation Clause 52.228-1, “Bid Guarantee” – Refer to Solicitation
Section 00 21 13 for the full text of this Clause.
A bid guarantee shall be submitted at 20% of the bid price or $3M whichever is the lesser.
Any bidder failing to submit a Bid Guarantee will be considered non- responsive to the
Solicitation and ineligible for award.
Emailed Bids: When submitting your Bid by email, the bid guarantee must be included in your emailed attachment(s).
(6) ATTACHMENT A – PREAWARD SURVEY FORM – The bidder shall complete the enclosed Attachment A and submit it along with iyour bid (if emailing your bid, this form must be included in your attachments). The preaward survey form is to aid in expediting the award of this project. Only the winning bidder’s information will be surveyed.
(7) QUESTIONS SHALL BE SUBMITTED BY 13 AUG 2021 @ 2:00 PM CENTRAL TIME
IN ORDER TO ALLOW SUFFICIENT TIME FOR QUESTIONS TO BE ANSWERED
VIA AN AMENDMENT PRIOR TO THE BID OPENING DAY AND TIME (Re: 52.214-6
Explanation to Prospective Bidders). Please include the solicitation number and project title in the subject line of your email.
Section 00 45 00 - Representations and Certifications
252.225-7973 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned
Aircraft Systems - Representation (DEVIATION 2020-
O0015)
MAY 2020
252.225-7974 (Dev) Representation Regarding Business Operations with the
Maduro Regime (DEVIATION 2020-O0005)
FEB 2020
52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2020)
(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 237130.
(2) The small business size standard is $39,500,000.
(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, Alternates I, and II). 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.
(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.
(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract 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 $83,099, the provision with its Alternate II applies.
(D) If the acquisition value is $83,099 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:
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 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 (OCT 2020)
The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services--
Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-
Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the
Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.
(a) Definitions. As used in this provision-
Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause
52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or
Equipment.
(b) Prohibition.
(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.
115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.
115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM)
(https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."
(d) Representations. The Offeror represents that--
(1) It [] will, [] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds
"will" in paragraph (d)(1) of this section; and
(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--
It [] does, [] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.
(e) Disclosures.
(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment--
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as
OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(ii) For covered services--
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered
(include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment--
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as
OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
(ii) For covered services--
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered
(include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS--CERTIFICATION (FEB 2021)
(a) This provision does not apply to acquisitions at or below the simplified acquisition threshold or to acquisitions of commercial items as defined at FAR 2.101.
(b) Certification. [Offeror shall check either (1) or (2).]
____ (1) The Offeror certifies that--
(i) It does not engage and has not engaged in any activity that contributed to or was a significant factor in the
President's or Secretary of State's determination that a foreign country is in violation of its obligations undertaken in any arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. The determinations are described in the most recent unclassified annual report provided to
Congress pursuant to section 403 of the Arms Control and Disarmament Act (22 U.S.C. 2593a). The report is available at https://www.state.gov/bureaus-offices/under-secretary-for-arms-control-and-international-security-affairs/bureau-of-arms-control-verification-and-compliance/; and
(ii) No entity owned or controlled by the Offeror has engaged in any activity that contributed to or was a significant factor in…
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