W912PL-18-B-0002_OceanViewChannelRehabilitation_Solicitation_Specifications.pdf
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IFB NO: W912PL-18-B-0002
U.S. ARMY CORPS OF ENGINEERS
LOS ANGELES DISTRICT
Ocean View Channel Rehabilitation
Huntington Beach, Orange County, CA
Unrestricted
Construction Solicitation and Specifications February 2018
SOLICITATION, OFFER,
AND AWARD
(Construction, Alteration, or Repair)
1. SOLICITATION NUMBER 2. TYPE OF SOLICITATION
SEALED BID (IFB)
NEGOTIATED (RFP)
3. DATE ISSUED PAGE OF PAGES
IMPORTANT - The "offer" section on the reverse must be fully completed by the offeror.
4. CONTRACT NUMBER 5. REQUISITION/PURCHASE REQUEST NUMBER 6. PROJECT NUMBER
7. ISSUED BY CODE 8. ADDRESS OFFER TO
9. FOR INFORMATION CALL
A. NAME B. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)
SOLICITATION
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".
10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date):
11. The Contractor shall begin performance within calendar days and complete it within calendar days after receiving award, notice to proceed. This performance period is mandatory, negotiable. (See .)
12A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE PAYMENT BONDS?
(If "YES," indicate within how many calendar days after award in Item 12B.)
12B. CALENDAR DAYS
YES NO
13. ADDITIONAL SOLICITATION REQUIREMENTS:
A. Sealed offers in original and copies to perform the work required are due at the place specified in Item 8 by (hour) local time (date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers 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 is, is not required.
C. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.
D. Offers providing less than calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.
NSN 7540-01-155-3212
Designed using Perform Pro, WHS/DIOR, Oct 96
1442-103 STANDARD FORM 1442 (REV. 4-85) (EG)
Prescribed by GSA - FAR (48 CFR) 53.236-1(d)
W912PL-18-B-0002 x 08 Feb 2018 2 OF 580
U.S. Army Corps of Engineers Los Angeles District 915 Wilshire Boulevard, Suite 930 Los Angeles, California 90017-3401 Attn:Contracting Division CESPL-CT-W
See Item 7
Carlos Antonio/Pat Bonilla 213-452-3252/213-452-3255
Ocean View Channel Rehabilitation Project, Huntington Beach, Orange County, California
The project consists of construction services for the repair of Ocean View Channel, Orange County, California. The Ocean View Channel Rehabilitation construction requires the contractor to construct a 2200 foot reinforced concrete trapezoidal channel that will line the existing earthen channel. Key tasks associated with this construction include surveying the channel to establish horizontal and vertical control and calculating earthwork quantities, conducting dewatering operations, conducting earthwork operations and site preparation, installing steel rebar and placing concrete along the walls and invert of the channel, paving the access road, and mobilization/demobilization operations.
The estimated construction range: $1,000,000 - $5,000,000 Estimated duration of the project: 180 Days
The size standard for NAICS code 237990 is $36,500,000.
This solicitation is Unrestricted
10 see 007300
X X *Section 00 73 00
X 10
0 1:00 PM
13 March 2018
X
OFFER (Must be fully completed by offeror)
STANDARD FORM 1442 BACK (REV. 4-85)
14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NUMBER (Include area code)
16. REMITTANCE ADDRESS (Include only if different than Item 14)
CODE FACILITY CODE
17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within calendar days after the date offers are due. (Insert any number equal or greater than the minimum requirement stated in 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)
AMOUNTS
18. The offeror agrees to furnish any required performance and payment bonds.
19. ACKNOWLEDGEMENT 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) 20B. SIGNATURE 20C. OFFER DATE
AWARD (To be completed by Government)
21. ITEMS ACCEPTED
22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA
24.SUBMIT INVOICES TO ADDRESS SHOWN IN
(4 copies unless otherwise specified)
ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO
10 U.S.C. 2304(c) ( ) 41 U.S.C. 253(c) ( )
26. ADMINISTERED BY 27. PAYMENT WILL BE MADE BYCODE
CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE
28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return copies to the issuing office.) Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and
(c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.
29. AWARD. (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.
30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN
(Type or print)
30B. SIGNATURE 30C. DATE
31A. NAME OF CONTRACTING OFFICER (Type or print)
31B. UNITED STATES OF AMERICA 31C. AWARD DATE
BY
DUNS NO.: TAX ID NO.:
CAGE CODE NO.:
( ) - ; FAX ( ) -
See Section 00 10 00 Solicitation Contract Line Item Number (CLIN) Schedule
USACE Los Angeles District Santa Ana Dams Resident Office 2493 Pomona-Rincon Road Corona, CA 92880-6982
USACE, Finance Center
ATTN: CEFCO-AO-D
5722 Integrity Drive Millington, TN 38054-5005
Ocean View Channel February 2018 Huntington Beach, CA W912PL-18-B-0002
PROJECT TABLE OF CONTENTS
DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS
00 01 05 CERTIFICATION PAGE
00 10 00 BIDDING SCHEDULE
00 21 00 INSTRUCTIONS
00 21 13 INSTRUCTIONS TO BIDDERS
00 45 00 REPRESENTATIONS AND CERTIFICATIONS
00 70 00 CONDITIONS OF THE CONTRACT
00 73 00 SUPPLEMENTARY CONDITIONS
00 73 46 WAGE RATES
DIVISION 01 - GENERAL REQUIREMENTS
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 19 TEMPORARY ENVIRONMENTAL CONTROLS
01 57 30 DEWATERING, DIVERSION AND CONTROL OF WATER
1 78 00 CLOSEOUT SUBMITTALS
DIVISION 02 - EXISTING CONDITIONS
2 41 00 DEMOLITION
DIVISION 03 - CONCRETE
3 20 00.00 10 CONCRETE REINFORCING
03 31 01.00 10 CAST-IN-PLACE STRUCTURAL CONCRETE FOR CIVIL WORKS
DIVISION 31 - EARTHWORK
31 00 00 EARTHWORK
31 05 19 GEOTEXTILE
DIVISION 32 - EXTERIOR IMPROVEMENTS
32 11 23 AGGREGATE BASE COURSE
32 12 16 HOT-MIX ASPHALT (HMA) FOR ROADS
DIVISION 33 - UTILITIES
33 40 00 STORM DRAINAGE UTILITIES
33 46 16 SUBDRAINAGE PIPING
-- End of Project Table of Contents --
PROJECT TABLE OF CONTENTS Page 1
Ocean View Channel Rehabilitation Project W912PL-18-B-0002 Huntington Beach, Orange County, California
08 February 2018 SECTION 00 01 05 Page 1 Solicitation
00 01 05 Certification Page
CERTIFICATE OF OFFEROR’S PRINCIPAL
1) IF THE OFFEROR IS PARTNERSHIP OR JOINT VENTURE, LIST FULL NAME OF ALL PARTNERS/ JOINT VENTURERS (Add addendum as necessary):
(Company Name) (Signature) (Title)
2) IF THE OFFEROR IS A CORPORATION, THE FOLLOWING CERTIFICATION SHOULD BE COMPLETED:
CERTIFICATION AS TO CORPORATE PRINCIPAL
I, ______________________________, certify that I am the Secretary of the corporation named as principal in the within SF 1442; that ________________________________, who signed the SF 1442 at Block 20B on behalf of the principal, was the _________________________________________of the corporation; that I know the individual’s signature and that his/her signature is genuine; and that said Offer was duly signed, sealed and attested for on behalf of said corporation by authority of its governing body.
CORPORATE SEAL ______________________________________________
CORPORATE PRINCIPAL
SECRETARY
3) IF THE OFFEROR IS A LIMITED LIABILITY COMPANY/PARTNERSHIP, LIST FULL NAME OF ALL MANAGERS BELOW (Add addendum as necessary). SIGNATURES BY ALL MANAGERS HERE SIGNIFY THAT THAT THE INDIVIDUAL WHO SIGNED THE OFFER IN BLOCK 20B OF THE SF 1442 HAS THE AUTHORITY TO
BIND THE LIMITED LIABILITY COMPANY/PARTNERSHIP.
(Officer’s Name) (Signature) (Title)
Ocean View Channel Huntington Beach, California
W912PL-17-R-0057
Item Description Quantity Unit Unit
Price Amount
0001 Diversion and Control of Surface Waters
1 Job JA -$
0002 Dewatering of Groundwater 1 Job JA -$
0003 Treatment of Dewatering Effluent 1 Job JA -$
0004 Destruction of Dewatering Wells 1 Job JA -$
0005 Erosion Control 1 Job JA -$
0006 Traffic Control 1 Job JA -$
0007 Construction Monitoring 1 Job JA -$
0008 Clearing and Grubbing 1 Job JA -$
0009 Excavation 7219 CY $0.00 -$
0010 Backfill 3135 CY $0.00 -$
0011 Disposal of Excess Material 4084 CY $0.00 -$
0012 Reinforced Concrete Channel 1 Job JA -$
0013 Access Road 1 Job JA -$
0014 Side Drain Connection - 18-in CMP 1 Job JA -$
0015 Side Drain Connection - 18-in RCP 1 Job JA -$
0016 Side Drain Connection - 24-in RCP 1 Job JA -$
0017 Side Drain Connection - 54-in RCP 1 Job JA -$
0018 Channel Subdrain System - Aggregate Base & Pipe
1 Job JA -$
Stormwater Pollution Prevention Plan
1 Job JA -$
-$TOTAL ESTIMATED AMOUNT:
(Line Items 0001 through 0016)
SECTION 00 10 00
Solicitation Contract Line Item (CLIN) Schedule
Bidding Schedule
7/17/2017 1 DQC
W912PL-18-B-0002
Ocean View Channel Repair W912PL‐18-B-0002 Huntington Beach, Orange County, CA
08 February 2018 00 10 00 Solicitation
The job amount "JA" line items in the Price Schedule are not "Estimated Quantity" line items and are not subject to the "Variation in Estimated Quantity" contract clause.
The Contract Clause 52.232-27, "Prompt Payment for Construction Contracts" requires that the name and address of the contractor official, to whom payment is to be sent, be the same as that in the contract or in a proper Notice of Assignment.
Principal Contracting Officer. The Contracting Officer who signs this contract will be the Principal Contracting Officer for this contract. However, any Contracting Officer assigned to the Los Angeles District, Contracting within his authority, may take formal action on this contract when the Principal Contracting Officer is unavailable and the action needs to be taken.
The bidder/offeror shall distribute indirect costs (overhead, profit, bond, etc) over all items in the Contract Line Item Number (CLIN) Schedule. The Government will review all submitted Solicitation, Contract Line Item Number (CLIN) Schedules for any unbalancing of the items.
The offeror shall furnish all plant, labor, material, equipment, etc., necessary to perform all work in strict accordance with the terms and conditions set forth in the contract in include all attachments thereto.
Some quantities are ESTIMATED, the bidders prices MUST BE FIRM.
Payment of Electronic Funds Transfer (EFT) is the mandatory method of payment. The Contractors attention is directed to Contract Clause NO. 52.232-33 “Mandatory Information for Electronic Funds Transfer” located in Section 00 70 00 Conditions of the Contract.
Contractor is required to fill in Cage code, TIN and DUNS Number in Block No. 14 on Standard Form 1442, the Name and Address Block.
252.236-7008 CONTRACT PRICES – BIDDING SCHEDULES (Dec 1991)
a. The Government's payment for the items listed in the CLIN Schedule shall constitute full compensation to the Contractor for --
(1) Furnishing all plant, labor, equipment, appliances, and materials; and
(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 Pricing Schedule all costs for work in the specifications, whether or not specifically listed in the Pricing Schedule.
-- End of Section –
Ocean View Rehabilitation Project W912PL-18-B-0002
08 February 2018 SECTION 00 21 00 Page 1 Solicitation
SECTION 00 21 00
INSTRUCTIONS
52.204-6 – UNIQUE ENTITY IDENTIFIER (OCT 2016)
52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2016)
52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL 2016)
52.204-18 Commercial and Government Entity Code Maintenance (Jul 2016)
52.211-1 AVAILABILITY OF SPECIFICATIONS LISTED IN THE GSA INDEX OF FEDERAL
SPECIFICATIONS, STANDARDS AND COMMERCIAL ITEM DESCRIPTIONS, FPMR PART 101-29 (AUG 1998)
52.211-2 AVAILABILITY OF SPECIFICATIONS, STANDARDS, AND DATA ITEM DESCRIPTIONS LISTED
IN THE ACQUISITION STREAMLINING AND STANDARDIZATION INFORMATION SYSTEM (ASSIST)
(APR 2014)
52.211-3 AVAILABILITY OF SPECIFICATIONS NOT LISTED IN THE GSA INDEX OF FEDERAL
SPECIFICATIONS, STANDARDS AND COMMERCIAL ITEM DESCRIPTIONS (JUN 1988)
52.211-4 AVAILABILITY FOR EXAMINATION OF SPECIFICATIONS NOT LISTED IN THE GSA INDEX
OF FEDERAL SPECIFICATIONS, STANDARDS AND COMMERCIAL ITEM DESCRIPTIONS (JUN 1988)
52.211-6 BRAND NAME OR EQUAL (AUG 1999)
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)
52.216-1 TYPE OF CONTRACT (APR 1984)
52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL BUSINESS
CONCERNS (OCT 2014)
52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN (JAN 2017)--ALTERNATE I (NOV 2016)
52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN (DEVIATION 2016-O0009) (JAN 2017)--
ALTERNATE I (NOV 2016)
08 February 2018 SECTION 00 21 00 Page 2 Solicitation
52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS--SECONDARY SITE OF THE WORK (MAY
2014)
52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL
EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)
52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT--CONSTRUCTION MATERIALS (MAY 2014)
ALTERNATE I (MAY 2014)
52.228-1 BID GUARANTEE (SEP 1996)
52.232-13 NOTICE OF PROGRESS PAYMENTS (APR 1984)
52.232-38 SUBMISSION OF ELECTRONIC FUNDS TRANSFER INFORMATION WITH OFFER (JULY
2013)
52.233-2 SERVICE OF PROTEST (SEP 2006)
52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)
52.252-3 ALTERATIONS IN SOLICITATION (APR 1984)
52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)
252.204-7004 ALTERNATE A, SYSTEM FOR AWARD MANAGEMENT (FEB 2014)
252.211-7001 AVAILABILITY OF SPECIFICATIONS, STANDARDS, AND DATA ITEM DESCRIPTIONS
NOT LISTED IN THE ACQUISITION STREAMLINING AND STANDARDIZATION INFORMATION
SYSTEM (ASSIST), AND PLANS, DRAWINGS, AND OTHER PERTINENT DOCUMENTS (MAY 2006)
252.211-7002 AVAILABILITY FOR EXAMINATION OF SPECIFICATIONS, STANDARDS, PLANS,
DRAWINGS, DATA ITEM DESCRIPTIONS, AND OTHER PERTINENT DOCUMENTS (DEC. 1991)
252.215-7008 ONLY ONE OFFER (OCT 2013)
252.215-7009 PROPOSAL ADEQUACY CHECKLIST (JAN 2014) (SUBMIT ONLY IF 252.215-7008
APPLIES) 39
252.219-7003 SMALL BUSINESS SUBCONTRACTING PLAN (DOD CONTRACTS)--BASIC (DEVIATION
2018-O0007) (DEC 2017)
08 February 2018 SECTION 00 21 00 Page 3 Solicitation
52.204-6 – UNIQUE ENTITY IDENTIFIER (OCT 2016)
(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.
“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) 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.
(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.
08 February 2018 SECTION 00 21 00 Page 4 Solicitation
(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).
(End of Provision)
52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2016)
(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) database 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 the SAM database;
(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of Contact sections of the registration in the SAM database;
(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) By submission of an offer, the Offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.
(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 the SAM database.
(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.
08 February 2018 SECTION 00 21 00 Page 5 Solicitation
(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) If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.
(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.
(f) Offerors may obtain information on registration at https://www.acquisition.gov.
(End of clause)
52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE
REPORTING (JUL 2016)
(a) Definition. As used in this provision--
Commercial and Government Entity (CAGE) code means—
(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity; or
(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.
(b) The Offeror shall enter its CAGE code in its offer with its name and address or otherwise include it prominently in its proposal. The CAGE code entered must be for that name and address. Enter ``CAGE'' before the number. The CAGE code is required prior to award.
(c) CAGE codes may be obtained via--
(1) Registration in the System for Award Management (SAM) at www.sam.gov. If the Offeror is located in the United States or its outlying areas and does not already have a CAGE code assigned, the DLA Commercial and Government Entity (CAGE) Branch will assign a CAGE code as a part of the SAM registration process. SAM registrants located
08 February 2018 SECTION 00 21 00 Page 6 Solicitation outside the United States and its outlying areas shall obtain a NCAGE code prior to registration in SAM (see paragraph (c)(3) of this provision).
(2) The DLA Commercial and Government Entity (CAGE) Branch. If registration in SAM is not required for the subject procurement, and the offeror does not otherwise register in SAM, an offeror located in the United States or its outlying areas may request that a CAGE code be assigned by submitting a request at https://cage.dla.mil.
(3) The appropriate country codification bureau. Entities located outside the United States and its outlying areas may obtain an NCAGE code by contacting the Codification Bureau in the foreign entity's country if that country is a member of NATO or a sponsored nation. NCAGE codes may be obtained from the NSPA at https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx if the foreign entity's country is not a member of NATO or a sponsored nation. Points of contact for codification bureaus, as well as additional information on obtaining NCAGE codes, are available at http://www.nato.int/structur/AC/135/main/links/contacts.htm.
(d) Additional guidance for establishing and maintaining CAGE codes is available at https://cage.dla.mil.
(e) When a CAGE Code is required for the immediate owner and/or the highest-level owner by 52.204-17 or 52.212-3(p), the Offeror shall obtain the respective CAGE Code from that entity to supply the CAGE Code to the Government.
(f) Do not delay submission of the offer pending receipt of a CAGE code.
(End of Provision)
52.204-18 Commercial and Government Entity Code Maintenance (Jul 2016)
(a) Definition. As used in this clause—
“Commercial and government Entity (CAGE) code” means—
(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or Government entity, or
(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as the NATO CAGE (NCAGE) code.
(b) Contractors shall ensure that the CAGE code is maintained throughout the life of the contract. For contractors registered in the System for Award Management (SAM), the DLA Commercial and Government Entity (CAGE) Branch shall only modify data received from SAM in the CAGE master file if the contractor initiates those changes via update of its SAM registration. Contractors undergoing a novation or change-of-name agreement shall notify the contracting officer in accordance with subpart 42.12. The contractor shall communicate any change to the CAGE code to the contracting
08 February 2018 SECTION 00 21 00 Page 7 Solicitation officer within 30 days after the change, so that a modification can be issued to update the CAGE code on the contract.
(c) Contractors located in the United States or its outlying areas that are not registered in SAM shall submit written change requests to the DLA Commercial and Government Entity (CAGE) Branch.
Requests for changes shall be provided at https://cage.dla.mil . Change requests to the CAGE master file are accepted from the entity identified by the code.
(d) Contractors located outside the United States and its outlying areas that are not registered in SAM shall contact the appropriate National Codification Bureau (points of contact available at http://www.nato.int/structur/AC/135/main/links/contacts.htm) or NSPA at https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx.
(e) Additional guidance for maintaining CAGE codes is available at https://cage.dla.mil.
(End of Clause)
52.211-1 AVAILABILITY OF SPECIFICATIONS LISTED IN THE GSA INDEX OF
FEDERAL SPECIFICATIONS, STANDARDS AND COMMERCIAL ITEM DESCRIPTIONS,
FPMR PART 101-29 (AUG 1998)
(a) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service, Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC 20407, Telephone
(202) 619-8925, Facsimile (202) 619-8978.
(b) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (a) of this provision. Additional copies will be issued for a fee.
52.211-2 AVAILABILITY OF SPECIFICATIONS, STANDARDS, AND DATA ITEM
DESCRIPTIONS LISTED IN THE ACQUISITION STREAMLINING AND
STANDARDIZATION INFORMATION SYSTEM (ASSIST) (APR 2014)
(a) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:
(1) ASSIST (https://assist.dla.mil/online/start/);
08 February 2018 SECTION 00 21 00 Page 8 Solicitation
(2) Quick Search (http://quicksearch.dla.mil/);
(3) ASSISTdocs.com (http://assistdocs.com).
(b) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--
(1) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);
(2) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or
(3) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111- 5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.
(End of provision)
52.211-3 AVAILABILITY OF SPECIFICATIONS NOT LISTED IN THE GSA INDEX OF
FEDERAL SPECIFICATIONS, STANDARDS AND COMMERCIAL ITEM DESCRIPTIONS
(JUN 1988)
The specifications cited in this solicitation may be obtained from:
See Section 01 42 00, entitled, “SOURCES FOR REFERENCE PUBLICATIONS”
The request should identify the solicitation number and the specification requested by date, title, and number, as cited in the solicitation.
52.211-4 AVAILABILITY FOR EXAMINATION OF SPECIFICATIONS NOT LISTED IN
THE GSA INDEX OF FEDERAL SPECIFICATIONS, STANDARDS AND COMMERCIAL
ITEM DESCRIPTIONS (JUN 1988)
See Section 01 42 00, entitled, “SOURCES FOR REFERENCE PUBLICATIONS”
52.211-6 BRAND NAME OR EQUAL (AUG 1999)
(a) If an item in this solicitation is identified as “brand name or equal,” the purchase description reflects the characteristics and level of quality that will satisfy the Government's needs. The salient physical, functional, or performance characteristics that “equal” products must meet are specified in the solicitation.
08 February 2018 SECTION 00 21 00 Page 9 Solicitation
(b) To be considered for award, offers of “equal” products, including “equal” products of the brand name manufacturer, must--
(1) Meet the salient physical, functional, or performance characteristic specified in this solicitation;
(2) Clearly identify the item by--
(i) Brand name, if any; and
(ii) Make or model number;
(3) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and
(4) Clearly describe any modifications the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modifications.
(c) The Contracting Officer will evaluate “equal” products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer.
(d) Unless the offeror clearly indicates in its offer that the product being offered is an “equal” product, the offeror shall provide the brand name product referenced in the solicitation.
52.214-3 -- Amendments to Invitations for Bids (Dec 2016)
(a) If this solicitation is amended, then all terms and conditions which are not modified remain unchanged.
(b)
(1) Bidders shall acknowledge receipt of any amendment to this solicitation—
(i) By signing and returning the amendment,
(ii) By identifying the amendment number and date in space provided for this purpose on the form for submitting a bid,
(iii) By letter;
(iv) By facsimile, if facsimile bids are authorized in the solicitation; or
(v) By email, if email bids are authorized in the solicitation.
08 February 2018 SECTION 00 21 00 Page 10 Solicitation
(2) The Government must receive the acknowledgment by the time and at the place specified for receipt of bids.
52.214-4 FALSE STATEMENTS IN BIDS (APR 1984)
Bidders must provide full, accurate, and complete information as required by this solicitation and its attachments. The penalty for making false statements in bids is prescribed in 18 U.S.C. 1001.
52.214-5 -- Submission of Bids (Dec 2016)
(a) Bids and bid modifications shall be submitted in sealed envelopes or packages (unless submitted by electronic means) --
(1) Addressed to the office specified in the solicitation; and
(2) Showing the time and date specified for receipt, the solicitation number, and the name and address of the bidder.
(b) Bidders using commercial carrier services shall ensure that the bid is addressed and marked on the outermost envelope or wrapper as prescribed in subparagraphs (a)(1) and (2) of this provision when delivered to the office specified in the solicitation.
(c) Facsimile bids, modifications, or withdrawals, will not be considered unless authorized by the solicitation.
(d) Bids submitted by electronic commerce shall be considered only if the electronic commerce method was specifically stipulated or permitted by the solicitation.
52.214-6 EXPLANATION TO PROSPECTIVE BIDDERS (APR 1984)
Any prospective bidder desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must request it in writing soon enough to allow a reply to reach all prospective bidders before the submission of their bids. Oral explanations or instructions given before the award of a contract will not be binding. Any information given a prospective bidder concerning a solicitation will be furnished promptly to all other prospective bidders as an amendment to the solicitation, if that information is necessary in submitting bids or if the lack of it would be prejudicial to other prospective
08 February 2018 SECTION 00 21 00 Page 11 Solicitation bidders.
52.214-7 LATE SUBMISSIONS, MODIFICATIONS, AND WITHDRAWALS OF BIDS
(NOV 1999)
(a) Bidders are responsible for submitting bids, and any modifications or withdrawals, so as to reach the Government office designated in the invitation for bids (IFB) by the time specified in the IFB. If no time is specified in the IFB, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that bids are due.
(b)(1) Any bid, modification, or withdrawal received at the Government office designated in the IFB after the exact time specified for receipt of bids is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late bid would not unduly delay the acquisition; and--
(i) If it was transmitted through an electronic commerce method authorized by the IFB, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of bids; or
(ii) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of bids and was under the Government's control prior to the time set for receipt of bids.
(2) However, a late modification of an otherwise successful bid that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.
(c) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the bid wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.
(d) If an emergency or unanticipated event interrupts normal Government processes so that bids cannot be received at the Government office designated for receipt of bids by the exact time specified in the IFB and urgent Government requirements preclude amendment of the IFB, the time specified for receipt of bids will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.
(e) Bids may be withdrawn by written notice received at any time before the exact time set for receipt of bids. If the IFB authorizes facsimile bids, bids may be withdrawn via facsimile received at any time before the exact time set for receipt of bids, subject to the conditions specified in the provision at 52.214-31, Facsimile Bids. A bid may be withdrawn in person by a bidder or its authorized representative if, before the exact time set for receipt of bids, the identity of the person requesting withdrawal is established and the person signs a receipt for the bid.
08 February 2018 SECTION 00 21 00 Page 12 Solicitation
52.214-18 PREPARATION OF BIDS--CONSTRUCTION (APR 1984)
(a) Bids must be (1) submitted on the forms furnished by the Government or on copies of those forms, and (2) manually signed. The person signing a bid must initial each erasure or change appearing on any bid form.
(b) The bid form may require bidders to submit bid prices for one or more items on various bases, including--
(1) Lump sum bidding;
(2) Alternate prices;
(3) Units of construction; or
(4) Any combination of subparagraphs (1) through (3) above.
(c) If the solicitation requires bidding on all items, failure to do so will disqualify the bid. If bidding on all items is not required, bidders should insert the words "no bid" in the space provided for any item on which no price is submitted.
(d) Alternate bids will not be considered unless this solicitation authorizes their submission.
52.214-19 CONTRACT AWARD--SEALED BIDDING--CONSTRUCTION (AUG 1996)
(a) The Government will evaluate bids in response to this solicitation without discussions and will award a contract to the responsible bidder whose bid, conforming to the solicitation, will be most advantageous to the Government, considering only price and the price-related factors specified elsewhere in the solicitation.
(b) The Government may reject any or all bids, and waive informalities or minor irregularities in bids received.
(c) The Government may accept any item or combination of items, unless doing so is precluded by a restrictive limitation in the solicitation or the bid.
(d) The Government may reject a bid as nonresponsive if the prices bid are materially unbalanced between line items or subline items. A bid is materially unbalanced when it is based on prices significantly less than cost for some work and prices which are significantly overstated in relation to
08 February 2018 SECTION 00 21 00 Page 13 Solicitation cost for other work, and if there is a reasonable doubt that the bid will result in the lowest overall cost to the Government even though it may be the low evaluated bid, or if it is so unbalanced as to be tantamount to allowing an advance payment.
52.216-1 TYPE OF CONTRACT (APR 1984)
The Government contemplates award of a FIRM FIXED PRICE CONSTRUCTION contract resulting from this solicitation.
52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR
HUBZONE SMALL BUSINESS CONCERNS (OCT 2014)
(a) Definitions. See 13 CFR 125.6(e) for definitions of terms used in paragraph (d).
(b) Evaluation preference. (1) Offers will be evaluated by adding a factor of 10 percent to the price of all offers, except--
(i) Offers from HUBZone small business concerns that have not waived the evaluation preference; and
(ii) Otherwise successful offers from small business concerns.
(2) The factor of 10 percent shall be applied on a line item basis or to any group of items on which award may be made.
Other evaluation factors described in the solicitation shall be applied before application of the factor.
(3) When the two highest rated offerors are a HUBZone small business concern and a large business, and the evaluated offer of the HUBZone small business concern is equal to the evaluated offer of the large business after considering the price evaluation preference, award will be made to the HUBZone small business concern.
(c) Waiver of evaluation preference. A HUBZone small business concern may elect to waive the evaluation preference, in which case the factor will be added to its offer for evaluation purposes. The agreements in paragraphs (d) and (e) of this clause do not apply if the offeror has waived the evaluation preference.
___ Offeror elects to waive the evaluation preference.
(d) Agreement. A HUBZone small business concern agrees that in the performance of the contract, in the case of a contract for
(1) Services (except construction), at least 50 percent of the cost of personnel for contract performance will be spent for employees of the concern or employees of other HUBZone small business concerns;
(2) Supplies (other than procurement from a nonmanufacturer of such supplies), at least 50 percent of the cost of manufacturing, excluding the cost of materials, will be performed by the concern or other HUBZone small business concerns;
(3) General construction. (i) At least 15 percent of the cost of contract performance to be incurred for personnel will be spent on the prime contractor's employees;
08 February 2018 SECTION 00 21 00 Page 14 Solicitation
(ii) At least 50 percent of the cost of the contract performance to be incurred for personnel will be spent on the prime contractor's employees or on a combination of the prime contractor's employees and employees of HUBZone small business concern subcontractors;
(iii) No more than 50 percent of the cost of contract performance to be incurred for personnel will be subcontracted to concerns that are not HUBZone small business concerns; or
(4) Construction by special trade contractors. (i) At least 25 percent of the cost of contract performance to be incurred for personnel will be spent on the prime contractor's employees;
(ii) At least 50 percent of the cost of the contract performance to be incurred for personnel will be spent on the prime contractor's employees or on a combination of the prime contractor's employees and employees of HUBZone small business concern subcontractors;
(iii) No more than 50 percent of the cost of contract performance to be incurred for personnel will be subcontracted to concerns that are not HUBZone small business concerns.
(e) A HUBZone joint venture agrees that the aggregate of the HUBZone small business concerns to the joint venture, not each concern separately, will perform the applicable percentage of work requirements.
(f)(1) When the total value of the contract exceeds $25,000, a HUBZone small business concern nonmanufacturer agrees to furnish in performing this contract only end items manufactured or produced by HUBZone small business concern manufacturers.
(2) When the total value of the contract is equal to or less than $25,000, a HUBZone small business concern nonmanufacturer may provide end items manufactured by other than a HUBZone small business concern manufacturer provided the end items are produced or manufactured in the United States.
(3) Paragraphs (f)(1) and (f)(2) of this section do not apply in connection with construction or service contracts.
(g) Notice. The HUBZone small business offeror acknowledges that a prospective HUBZone awardee must be a HUBZone small business concern at the time of award of this contract. The HUBZone offeror shall provide the Contracting Officer a copy of the notice required by 13 CFR 126.501 if material changes occur before contract award that could affect its HUBZone eligibility. If the apparently successful HUBZone offeror is not a HUBZone small business concern at the time of award of this contract, the Contracting Officer will proceed to award to the next otherwise successful HUBZone small business concern or other offeror.
52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN (JAN
2017)--ALTERNATE I (NOV 2016).
(a) This clause does not apply to small business concerns.
(b) Definitions. As used in this clause--
“Alaska Native Corporation (ANC)” means any Regional Corporation, Village Corporation, Urban Corporation, or Group Corporation organized under the laws of the State of Alaska in accordance with the Alaska Native Claims Settlement Act, as amended (43 U.S.C. 1601, et seq.) and which is considered a minority and economically disadvantaged concern under the criteria at 43 U.S.C. 1626(e)(1). This definition also includes ANC direct and indirect subsidiary corporations, joint ventures, and partnerships that meet the requirements of 43 U.S.C. 1626(e)(2).
“Commercial item” means a product or service that satisfies the definition of commercial item in section 2.101 of the Federal Acquisition Regulation.
08 February 2018 SECTION 00 21 00 Page 15 Solicitation
“Commercial plan” means a subcontracting plan (including goals) that covers the offeror’s fiscal year and that applies to the entire production of commercial items sold by either the entire company or a portion thereof (e.g., division, plant, or product line).
“Electronic Subcontracting Reporting System (eSRS)” means the Governmentwide, electronic, web-based system for small business subcontracting program reporting. The eSRS is located at http://www.esrs.gov.
“Indian tribe” means any Indian tribe, band, group, pueblo, or community, including native villages and native groups (including corporations organized by Kenai, Juneau, Sitka, and Kodiak) as defined in the Alaska Native Claims Settlement Act (43 U.S.C.A. 1601 et seq.), that is recognized by the Federal Government as eligible for services from the Bureau of Indian Affairs in accordance with 25 U.S.C. 1452(c). This definition also includes Indian-owned economic enterprises that meet the requirements of 25 U.S.C. 1452(e).
“Individual subcontracting plan” means a subcontracting plan that covers the entire contract period (including option periods), applies to a specific contract, and has goals that are based on the offeror's planned subcontracting in support of the specific contract, except that indirect costs incurred for common or joint purposes may be allocated on a prorated basis to the contract.
“Master subcontracting plan” means a subcontracting plan that contains all the required elements of an individual subcontracting plan, except goals, and may be incorporated into individual subcontracting plans, provided the master subcontracting plan has been approved.
“Reduced payment” means a payment that is for less than the amount agreed upon in a subcontract in accordance with its terms and conditions, for supplies and services for which the Government has paid the prime contractor.
“Subcontract” means any agreement (other than one involving an employer-employee relationship) entered into by a Federal Government prime Contractor or subcontractor calling for supplies or services required for performance of the contract or subcontract.
“Total contract dollars” means the final anticipated dollar value, including the dollar value of all options.
“Untimely payment” means a payment to a subcontractor that is more than 90 days past due under the terms and conditions of a subcontract for supplies and services for which the Government has paid the prime contractor.
(c)(1) The apparent low bidder, upon request by the Contracting Officer, shall submit a subcontracting plan, where applicable, that separately addresses subcontracting with small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns. If the bidder is submitting an individual subcontracting plan, the plan must separately address subcontracting with small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns, with a separate part for the basic contract and separate parts for each option (if any). The plan shall be included in and made a part of the resultant contract. The subcontracting plan shall be submitted within the time specified by the Contracting Officer. Failure to submit the subcontracting plan shall make the bidder ineligible for the award of a contract.
(2)(i) The Contractor may accept a subcontractor's written representations of its size and socioeconomic status as a small business, small disadvantaged business, veteran-owned small business, service-disabled veteran-owned small business, or a women-owned small business if the subcontractor represents that the size and socioeconomic status representations with its offer are current, accurate, and complete as of the date of the offer for the subcontract.
(ii) The Contractor may accept a subcontractor's representations of its size and socioeconomic status as a small business, small disadvantaged business, veteran-owned small business, service-disabled veteran-owned small business, or a women-owned small business in the System for Award Management (SAM) if--
(A) The subcontractor is registered in SAM; and
08 February 2018 SECTION 00 21 00 Page 16 Solicitation
(B) The subcontractor represents that the size and socioeconomic status representations made in SAM are current, accurate and complete as of the date of the offer for the subcontract.
(iii) The Contractor may not require the use of SAM for the purposes of representing size or socioeconomic status in connection with a subcontract.
(iv) In accordance with 13 CFR 121.411, 124.1015, 125.29, 126.900, and 127.700, a contractor acting in good faith is not liable for misrepresentations made by its subcontractors regarding the subcontractor's size or socioeconomic status.
(d) The Offeror's subcontracting plan shall include the following:
(1) Separate goals, expressed in terms of total dollars subcontracted, and as a percentage of total planned subcontracting dollars, for the use of small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns as subcontractors. For individual subcontracting plans, and if required by the Contracting Officer, goals shall also be expressed in terms of percentage of total contract dollars, in addition to the goals expressed as a percentage of total subcontract dollars. The Offeror shall include all subcontracts that contribute to contract performance, and may include a proportionate share of products and services that are normally allocated as indirect costs. In accordance with 43 U.S.C. 1626--
(i) Subcontracts awarded to an ANC or Indian tribe shall be counted towards the subcontracting goals for small business and small disadvantaged business concerns, regardless of the size or Small Business…
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