W912PL-18-R-0087_Amendment0004.pdf
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- Retrofit Bldg 228, Nellis AFB, Las Vegas, Nevada
- Solicitation number
- W912PL-18-R-0087
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Amendment 0004
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AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE
2. AMENDMENT/MODIFICAITON NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicble)
7. ADMINISTERED BY (If other than Item 6) CODE
STANDARD FORM 30 (REV. 10-83)
Prescribed by GSA FAR (48 CFR) 53.243
FACILITY CODE
9A. AMENDMENT OF SOLICIATION NO.
9B. DATED (SEE ITEM 11)
10A. MODIFICATION OF CONTRACT/ORDER NO.
10B. DATED (SEE ITEM 13)
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended, is not extended.
Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:
(a)By completing items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;
or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment your desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.
12. ACCOUNTING AND APPROPIRATION DATA (If required)
13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS.
IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.
CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER
NO. IN ITEM 10A.
B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc. ) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).
C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:
D. OTHER (Specify type of modification and authority)
E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.
Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.
15C. DATE SIGNED
15A. NAME AND TITLE OF SIGNER (Type or print)
16C. DATE SIGNED
16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)
14. DESCRIPTION OF AMENDMENT/MODIFICATION ( Organized by UCF section headings, including solicitation/contract subject matter where feasible.)
PAGE OF PAGES
6. ISSUED BY CODE
8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code) (X)
CODE
15B. CONTRACTOR/OFFEROR
(Signature of person authorized to sign)
16B. UNITED STATES OF AMERICA
(Signature of Contracting Officer)
NSN 7540-01-152-8070
Previous edition unusable
1 26
0004 Sep 21, 2018
USACE-LOS ANGELES DISTRICT
CONTRACTING DIVISION, WEST REGION BRANCH
915 WILSHIRE BLVD, SUITE 1440
LOS ANGELES, CA 90017
W912PL-18-R-0087
Aug 28, 2018
Amendment 0004 under Solicitation No. W912PL-18-R-0087 for Retrofit Bldg 228, Nellis AFB, Clark County, Nevada
1. Section 00 45 00 Reps and Certs have been incorporated in its entirety.
2. Section 00 22 00 has been replaced in its entirety. See Page 3 Paragraph IV
Page Count has been increased from 30 pages to 45 pages
INSTRUCTIONS
Instructions for items other than those that are self-explanatory, are as follows:
Item 1 (Contract ID Code) . Insert the contract type identification code that appears in the title block of the contract being modified.
Item 3 (Effective date) .
(1)
(2)
(3)
(4)
(5)
For a solicitation amendment, change order, or administrative change, the effective date shall be the issue date of the amendment, change order, or administrative change.
For a supplemental agreement, the effective date shall be the date agreed to by the contracting parties.
For a modification issued as an initial or confirming notice of termination for the convenience of the Government, the effective date and the modification number of the confirming notice shall be the same as the effective date and modification number of the initial notice.
For a modification converting a termination for default to a termination for the convenience of the Government, the effective date shall be the same as the effective date of the termination for default.
For a modification confirming the contacting officer's determination of the amount due in settlement of a contract termination, the effective date shall be the same as the effective date of the initial decision.
(a)
(b)
(c)
(d)
(e)
(f)
Item 6 (Issued By) . Insert the name and address of the issuing office. If applicable, insert the appropriate issuing office code in the code block.
Item 8 (Name and Address of Contractor) . For modifications to a contract or order, enter the contractor's name, address, and code as shown in the original contract or order, unless changed by this or a previous modification.
Item 9, (Amendment of Solicitation No. - Dated), and 10, (Modification of Contract/Order No. - Dated ). Check the appropriate box and in the corresponding blanks insert the number and date of the original solicitation, contract, or order.
Item 12 (Accounting and Appropriation Data) .
When appropriate, indicate the impact of the modification on each affected accounting classification by inserting one of the following entries.
(2) Accounting classification Net decrease $
Include subject matter or short title of solicitation/contract where feasible.
Item 16B . The contracting officer's signature is not required on solicitation amendments. The contracting offier's signature is normally affixed last on supplemental agreements.
(i)
NOTE: If there are changes to multiple accounting classifications that cannot be placed in block 12, insert an asterisk and the words "See continuation sheet".
Item 13 . Check the appropriate box to indicate the type of modification. Insert in the corresponding blank the authority under which the modification is issued. Check whether or not contractor must sign this document. (See FAR 43.103.)
Item 14 (Description of Amendment/Modification) .
Organize amendments or modifications under the appropriate Uniform Contract Format (UCF) section headings from the applicable solicitation or contract. The UCF table of contents, however, shall not be set forth in this document Indicate the impact of the modification on the overall total contract price by inserting one of the following entries:
Total contract price increased by $
Total contract price decreased by $
Total contract price unchanged.
State reason for modification.
When removing, reinstating, or adding funds, identify the contract items and accounting classifications.
When the SF 30 is used to reflect a determination by the contracting officer of the amount due in settlement of a contract terminated for the convenience of the Government, the entry in Item 14 of the modification may be limited to --
A reference to the letter determination; and
A statement of the net amount determined to be due in settlement of the contract.
(g)
(h)
(i)
(ii)
(1)
(2)
(3)
(4)
(5)
(6)
(i)
(ii)
(iii)
STANDARD FORM 30 (REV. 10-83) BACK
(1) Accounting classification Net increase $
W912PL-18-R-0087
SECTION 00 22 00 - 1
Retrofit Bldg 228, Nellis AFB, Nevada
Amendment 0004
SECTION 00 22 00
SUPPLEMENTARY INSTRUCTIONS
I GENERAL SUBMISSION REQUIREMENT
II GENERAL INSTRUCTIONS
III SPECIFIC INSTRUCTIONS FOR THE PRICE PROPOSAL
IV SPECIFIC INSTRUCTIONS FOR THE TECHNICAL PROPOSAL
V PROPOSAL COVER SHEET
VI PERFORMANCE ASSESSEMENT REPORT (PAR)
VII SAMPLE COVER LETTER
VIII NAVFAC/USACE PAST PERFORMANCE QUESTIONNAIRE (PPQ)
SECTION 00 22 00 - 2
SECTION 00 22 00
SUPPLEMENTARY INSTRUCTIONS
I. GENERAL SUBMISSION REQUIREMENTS:
In order to effectively and equitably evaluate all offers, the Contracting Officer must receive sufficiently detailed information that clearly responds to the technical evaluation factors listed in Section 00 22 16.
Offerors shall submit their proposal packages in accordance with the instructions outlined in Section 00 22 00, Instructions to Proposers.
Each Offeror must submit their responses to the technical evaluation factors in a Technical Proposal and Price Proposal. The Technical Proposal and Price Proposal must be submitted as separate distinct volumes. Both the Technical Proposal (Volume II) and a Price Proposal (Volume I) must be received by the closing date and time set for receipt of proposals.
No dollar amounts or pricing information from the Price Proposal are to be included in the responses to the technical evaluation factors.
All information intended by the Offeror to be evaluated must be submitted as part of the Technical Proposal.
II. GENERAL INSTRUCTIONS:
All written portions: Use only 8 ½ by 11 inch paper, unless another size is specifically authorized elsewhere in this section for a particular submission. Do not use 11” X 14” or 11” X 17” size sheets (e.g.
fold-outs) unless specifically authorized in this section for a particular submission. Do not use a font size smaller than 12, an unusual font style such as script, or condensed print.
Three-ring binders are preferred. Do not use spring clamps or exceed the recommended capacity of the fastener or binder. Do not use plastic multi-hole/spiral binding systems, heat binding systems, or other systems which do not facilitate the ready insertion of additional pages.
“Confidential” projects cannot be submitted to demonstrate capability unless all of the information required for evaluation as specified herein can nonetheless be provided to the Government as part of the Offeror’s Technical Proposal. Offerors that include in their proposals information that they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, must be clearly marked in accordance with the instructions at FAR 52.215-1, “Instructions to Offeror— Competitive Acquisition”, paragraph (3), “Restriction on disclosure and use of data”.
The Corps of Engineers recognizes that submittals by the Offeror may contain confidential or proprietary information; however, the Government reserves the right to make inquiries into the information disclosed. The submission of false or misleading information may be grounds for disqualification of the proposal.
Offeror(s) shall submit their proposal packages to the Los Angeles District Corps of Engineers (COE) in accordance with Section 00 22 00.
III. SPECIFIC INSTRUCTIONS FOR THE PRICE PROPOSAL (VOLUME I):
Number of Sets of the Price Proposal: Submit One (1) original hard copy and one electronic copy on
CD.
Format and Contents of the Price Proposal/List of Tabs:
SECTION 00 22 00 - 3
The Price Proposal shall be appropriately labeled as such and shall be organized as indicated in the following chart.
TAB CONTENTS OF THE PRICE PROPOSAL
TAB #1
Proposal Cover Sheet
SF1442 Solicitation, Offer, and Award
TAB #2 The Completed Pricing Schedule
TAB #3 A Bid Guarantee (e.g., Standard Form 24, “Bid Bond”)
TAB #4 Representations and Certifications
TAB # 5 Joint Venture/Teaming Agreement (If Applicable)
IV. SPECIFIC INSTRUCTIONS FOR THE TECHNICAL PROPOSAL (VOLUME II):
Number of Sets and Pages of the Technical Proposal: Submit one original hardcopy of the written Technical Proposal. In addition, submit four complete copies of the technical proposal on Compact Disk (CD) using a searchable “.pdf” file format. The Technical Proposals shall be in 8-1/2" x 11" format, bound as a single document, with single-sided or double-sided pages being acceptable. Condensed print is not permitted. The Proposals shall be separated with section tabs, and the tabs shall clearly identify the contents of each section. The Maximum number of pages for the Technical Proposal is f o r t y f i v e (45) pages single sided or fifteen (15) pages double sided. Performance Assessment Report (PAR) are included within the page limitation. Resumes up to 5 pages single sided and the Past Performance Questionnaires (PPQ) will not be included in the above page count. Each page shall be sequentially numbered for that section.
Format and Contents of the Technical Proposal/List of Tabs: The original and all copies of the technical proposal will be appropriately labeled as such. Each set shall be organized using the tabs specified in the chart below. The tabs directly correlate to the evaluation factors identified in Section 00 22 16.
TAB CONTENTS OF THE TECHNICAL PROPOSAL
TAB #1 EXPERIENCE ON SIMILAR CONTRACTS
TAB #2 TECHNICAL APPROACH, METHODS AND PROCEDURES
TAB #3 PAST PERFORMANCE ON RECENT, RELEVANT CONTRACTS
TAB #4 CORPORATE/ MANAGEMENT STRUCTURE
TAB #5 SCHEDULE
Detailed Submission Requirements for the Technical Proposal: Submit detailed responses to the evaluation factors under each of the tabs as follows:
SECTION 00 22 00 - 4
FACTOR 1: EXPERIENCE ON SIMILAR CONTRACTS
SECTION 00 22 00 - 5
This factor will evaluate the extent of an offeror’s successful experience and proposed team’s experience (key subcontractors) on projects of similar type, scope, magnitude and complexity as compared to the work that is required under this RFP.
FACTOR #2 TECHNICAL APPROACH, METHODS AND PROCEDURES
Proposals will be evaluated as to the offeror’s ability to perform and satisfy all construction contract requirements. Responses to this factor must discuss the offeror’s technical understanding of the work requirements and their commitment to accomplish all the work in accordance with the solicitation requirements and integrated construction schedule.
FACTOR #3 PAST PERFORMANCE
This factor will assess the offeror’s past performance, evaluate whether the offeror’s past performance is relevant or not relevant to that effort to be acquired, and determine contractor capability to successfully perform the proposed effort.
FACTOR #4 CORPORATE/MANAGEMENT STRUCTURE
Proposals will be evaluated as to the offeror’s ability to satisfy all contract requirements within its Corporate Management Structure. The Government will evaluate corporate and construction management structure, experience and qualifications of the key personnel and major subcontractors proposed for the project to include the capability to staff, manage, resource and control successful projects. Personnel will be evaluated on their overall professional experience and on specific experience on projects of similar type, scope, and complexity to the work required under this RFP.
FACTOR #5 SCHEDULE
Proposals will be evaluated as to the offeror’s ability to schedule the construction of the project. The schedule shall show construction activities in a way that minimizes the impact to the government following the phased approach the government has outlined within this RFP. The construction schedule shall clearly show long lead items, indicate the sequence of events and allow for submittals, inspections, and other key activities at the end of the construction cycle including but not limited to as-built drawings, O&M manuals, training, and 1354 Real Property preparation.
V. Proposal Cover Sheet:
The proposal cover sheet is required by FAR 52.215-1(c)(i)-(v). This provision, titled “Instructions to Offerors—Competitive Acquisition,” has been provided in full text in Section 00 21 16. The format is as follows:
PROPOSAL COVER SHEET
1. Solicitation Number: W912PL-18-R-0087
2. The name, address, and telephone and facsimile numbers of the Offeror and electronic address (if available):
3. A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and agreement to furnish any or all items upon which prices are offered at the price set opposite each item.
4. Names, titles, and telephone and facsimile numbers (and electronic addresses if available) of persons authorized to negotiate on the Offeror’s behalf with the Government in connection with this solicitation:
SECTION 00 22 00 - 6
5. Name, title, and signature of person authorized to sign the proposal. Proposals signed by an agent shall be accompanied by evidence of that agent’s authority, unless that evidence has been previously furnished to the issuing office.
SECTION 00 22 00 - 7
PERFORMANCE ASSESSMENT REPORT
(To be completed by Offeror)
1. Contractor (Firm being evaluated):
Name: Address:
2. Contract Number/ Task Order (TO) (if Applicable):
3. Solicitation Type: Negotiated or Sealed Bid
4. Contract/TO Type: Fixed-Price Cost, Reimbursement, Hybrid (explain)
5. Routine Difficult (low to high) Complexity of Work 1 2 3 4 5
6. Contract/TO Dollar Value:
7. Contract/TO Status: Active, Complete, Completion Date (w/ extensions):
8. Description, location & relevancy of work:
9. Warranty or other problems encountered and how resolved
10. Name, Address, Telephone Number and E-mail of the Procuring Contracting Officer and/or the Contracting Officer’s Representative (COR) (and other references, e.g., Administrative Contracting Officer, if applicable):
11. Ch eck one of the following blocks:
A written performance evaluation was received for this project and is attached.
A written performance evaluation was not received for this project. A Past Performance Questionnaire (PPQ) has been sent to the reference(s) listed in Block 10, with a letter requesting that the completed questionnaire be returned directly to the U.S. Army Corps of Engineers by the closing date for this solicitation.
SECTION 00 22 00 - 8
SAMPLE COVER LETTER
Date
SUBJECT: NAVFAC/USACE Past Performance Questionnaire
Name and Address of Reference
Ladies and Gentlemen:
The U.S. Army Corps of Engineers, Los Angeles District, is conducting a review of our past performance history as part of an upcoming source selection acquisition.
Please complete the attached NAVFAC/USACE Past Performance Questionnaire to aid the Government in its evaluation of our past performance and FAX it directly to the U.S. Army Corps of Engineers, ATTN:
S a n d y O q u i t a at 213-452-3249. If you prefer, you may provide the requested information by email to sandyoquita@usace.army.mil.
The Government is requesting receipt of this information by 10:00 a.m. on S e p t e m b e r 2 7 t h , 2 0 1 8 .
You are advised that it is Government policy that the identity of sources providing past performance information will not be released outside the Government.
We appreciate your efforts to help the Government fairly evaluate our record of past performance. Should you have any questions related to this matter, please contact Sandy Oquita at telephone 213-452-3249.
Sincerely, Contractor
Attachment
SECTION 00 22 00 - 8 Amendment 0004
NAVFAC/USACE PAST PERFORMANCE QUESTIONNAIRE (Form PPQ-0) CONTRACT INFORMATION (Contractor to complete Blocks 1-4)
1. Contractor Information Firm Name: CAGE Code:
Address: DUNs Number:
Phone Number:
Email Address:
Point of Contact: Contact Phone Number:
2. Work Performed as: Prime Contractor Sub Contractor Joint Venture Other (Explain) Percent of project work performed:
If subcontractor, who was the prime (Name/Phone #):
3. Contract Information Contract Number:
Delivery/Task Order Number (if applicable):
Contract Type: Firm Fixed Price Cost Reimbursement Other (Please specify):
Contract Title:
Contract Location:
Award Date (mm/dd/yy):
Contract Completion Date (mm/dd/yy):
Actual Completion Date (mm/dd/yy):
Explain Differences:
Original Contract Price (Award Amount):
Final Contract Price (to include all modifications, if applicable):
Explain Differences:
4. Project Description:
Complexity of Work High Med Routine How is this project relevant to project of submission? (Please provide details such as similar equipment, requirements, conditions, etc.)
CLIENT INFORMATION (Client to complete Blocks 5-8)
5. Client Information Name:
Title:
Phone Number:
Email Address:
6. Describe the client’s role in the project:
7. Date Questionnaire ws completed (mm/dd/yy):
8. Client’s Signature:
NOTE: NAVFAC/USACE REQUESTS THAT THE CLIENT COMPLETES THIS QUESTIONNAIRE AND SUBMITS DIRECTLY BACK TO THE OFFEROR. THE OFFEROR WILL SUBMIT THE COMPLETED QUESTIONNAIRE TO USACE WITH THEIR PROPOSAL, AND MAY DUPLICATE THIS QUESTIONNAIRE FOR FUTURE SUBMISSION ON USACE SOLICITATIONS.
CLIENTS ARE HIGHLY ENCOURAGED TO SUBMIT QUESTIONNAIRES DIRECTLY TO THE OFFEROR. HOWEVER, SECTION 00 22 00 - 9 Amendment 0004
QUESTIONNAIRES MAY BE SUBMITTED DIRECTLY TO USACE. PLEASE CONTACT THE OFFEROR FOR USACE POC INFORMATION. THE GOVERNMENT RESERVES THE RIGHT TO VERIFY ANY AND ALL INFORMATION ON THIS FORM.
SECTION 00 22 00 - 10 Amendment 0004
RATING DEFINITION NOTE
FACTOR 3 RATING SCHEME
PAST PERFORMANCE EVALUATION, RATING SCHEME
RATING DESCRIPTION
ACCEPTABLE
Based on the offerors’s past performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s past performance is unknown. (See note below)*
UNACCEPTABLE
Based on the offeror’s past performance record, the Government has no reasonable expectation that the offeror will be able to successfully perform the required effort
FACTORS 1, 2, 4, 5 RATING SCHEME
RATING DESCRIPTION
ACCEPTABLE
Proposal meets the minimum requirements of the solicitation.
UNACCEPTABLE
Proposal does not meet the minimum requirements of the solicitation.
ADJECTIVE RATINGS AND DEFINITIONS TO BE USED TO BEST REFLECT
YOUR EVALUATION OF THE CONTRACTOR’S PERFORMANCE
TO BE COMPLETED BY CLIENT
PLEASE CIRCLE THE ADJECTIVE RATING WHICH BEST REFLECTS
YOUR EVALUATION OF THE CONTRACTOR’S PERFORMANCE.
1. QUALITY:
a) Quality of technical data/report preparation efforts E VG S M U N
b) Ability to meet quality standards specified for technical performance E VG S M U N
c) Timeliness/effectiveness of contract problem resolution without extensive customer guidance E VG S M U N
d) Adequacy/effectiveness of quality control program and adherence to contract quality assurance requirements (without adverse effect on performance)
E VG S M U N
2. SCHEDULE/TIMELINESS OF PERFORMANCE:
a) Compliance with contract delivery/completion schedules including any significant intermediate milestones. (If liquidated damages were assessed or the schedule was not met, please address below)
b) Rate the contractor’s use of available resources to accomplish tasks identified in the contract E VG S M U N
3. CUSTOMER SATISFACTION:
a) To what extent were the end users satisfied with the project? E VG S M U N
b) Contractor was reasonable and cooperative in dealing with your staff (including the ability to successfully resolve disagreements/disputes;
responsiveness to administrative reports, businesslike and communication)
c) To what extent was the contractor cooperative, businesslike, and concerned with the interests of the customer? E VG S M U N
d) Overall customer satisfaction E VG S M U N
4. MANAGEMENT/ PERSONNEL/LABOR
a) Effectiveness of on-site management, including management of subcontractors, suppliers, materials, and/or labor force? E VG S M U N
b) Ability to hire, apply, and retain a qualified workforce to this effort E VG S M U N
c) Government Property Control E VG S M U N
d) Knowledge/expertise demonstrated by contractor personnel E VG S M U N
e) Utilization of Small Business concerns E VG S M U N
f) Ability to simultaneously manage multiple projects with multiple disciplines E VG S M U N
g) Ability to assimilate and incorporate changes in requirements and/or priority, including planning, execution and response to Government changes
h) Effectiveness of overall management (including ability to effectively lead, manage and control the program) E VG S M U N
5. COST/FINANCIAL MANAGEMENT
SECTION 00 22 00 - 11 Amendment 0004
a) Ability to meet the terms and conditions within the contractually agreed price(s)? E VG S M U N
b) Contractor proposed innovative alternative methods/processes that reduced cost, improved maintainability or other factors that benefited the client
E
VG
S
M
U
N
c) If this is/was a Government cost type contract, please rate the Contractor’s timeliness and accuracy in submitting monthly invoices with appropriate back-up documentation, monthly status reports/budget variance reports, compliance with established budgets and avoidance of significant and/or unexplained variances (under runs or overruns)
d) Is the Contractor’s accounting system adequate for management and tracking of costs? If no, please explain in Remarks section. Yes
No
e) If this is/was a Government contract, has/was this contract been partially or completely terminated for default or convenience or are there any pending terminations? Indicate if show cause or cure notices were issued, or any default action in comment section below.
Yes
f) Have there been any indications that the contractor has had any financial problems? If yes, please explain below. Yes
6. SAFETY/SECURITY
a) To what extent was the contractor able to maintain an environment of safety, adhere to its approved safety plan, and respond to safety issues? (Includes: following the users rules, regulations, and requirements regarding housekeeping, safety, correction of noted deficiencies, etc.)
b) Contractor complied with all security requirements for the project and personnel security requirements. E VG S M U N
7. GENERAL
a) Ability to successfully respond to emergency and/or surge situations (including notifying COR, PM or Contracting Officer in a timely manner regarding urgent contractual issues).
b) Compliance with contractual terms/provisions (explain if specific issues) E VG S M U N
c) Would you hire or work with this firm again? (If no, please explain below) Yes
d) In summary, provide an overall rating for the work performed by this contractor. E VG S M U N
Please provide responses to the questions above (if applicable) and/or additional remarks. Furthermore, please provide a brief narrative addressing specific strengths, weaknesses, deficiencies, or other comments which may assist our office in evaluating performance risk (please attach additional pages if necessary):
SECTION 00 22 00 - 12 Amendment 0004
Retrofit Bldg 228, Nellis AFB, Nevada W912PL-18-R-0087
SECTION 00 45 00
PAGE 1 Amendment 0004
SECTION 00 45 00 - REPRESENTATIONS AND CERTIFICATIONS
52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (APR 2016)
52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL 2016)
52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (JUL 2016)
52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)
52.204-20 PREDECESSOR OF OFFEROR (JUL 2016)
52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A
FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)
252.204-7007 ALTERNATE A, ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2015)
252.209-7002 DISCLOSURE OF OWNERSHIP OR CONTROL BY A FOREIGN GOVERNMENT (JUN 2010) .. 10
PAGE 2 Amendment 0004
CLAUSES INCORPORATED BY FULL TEXT
52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (APR 2016)
(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 236220, Plumbing, Heating and Air Conditioning Contractors.
(2) The small business size standard is 36.5 Million
(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.
(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.
(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:
( ) Paragraph (d) applies.
( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.
(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:
(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—
(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;
(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or
(C) The solicitation is for utility services for which rates are set by law or regulation.
(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.
(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.
(iv) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—
(A) Are not set aside for small business concerns;
(B) Exceed the simplified acquisition threshold; and
PAGE 3 Amendment 0004
(C) Are for contracts that will be performed in the United States or its outlying areas.
(v) 52.209-2; Prohibition on Contracting with Inverted Domestic Corporations--Representation.
(vi) 52.209-5; Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.
(vii) 52.209-11, Representation by Corporations Regarding elinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.
(viii) 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.
(ix) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.
(x) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.
(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.
(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.
(xi) 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.
(xii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.
(xiii) 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.
(xiv) 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.
(xv) 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.
(xvi) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.
(xvii) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.
(xviii) 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.
PAGE 4 Amendment 0004
(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 $77,533, the provision with its Alternate II applies.
(D) If the acquisition value is $77,533 or more but is less than $100,000, the provision with its Alternate III applies.
(xix) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225- 5.
(xx) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.
(xxi) 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.
(xxii) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.
(2) The following representations or certifications are applicable as indicated by the Contracting Officer:
[Contracting Officer check as appropriate.]
(i) 52.204-17, Ownership or Control of Offeror.
(ii) 52.204-20, Predecessor of Offeror.
(iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.
(iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.
(v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.
(vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA- Designated Products (Alternate I only).
(vii) 52.227-6, Royalty Information.
(A) Basic.
(B) Alternate I.
(viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.
(d) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this
PAGE 5 Amendment 0004 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.
(End of provision)
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 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.
PAGE 6 Amendment 0004
(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)
52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (JUL 2016)
(a) Definitions. 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.
Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.
Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.
(b) The Offeror represents that it [ ___ ] has or [ ___ ] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (c) and if applicable, paragraph (d) of this provision for each participant in the joint venture.
(c) If the Offeror indicates ``has'' in paragraph (b) of this provision, enter the following information:
Immediate owner CAGE code:
Immediate owner legal name: ___
(Do not use a ``doing business as'' name)
Is the immediate owner owned or controlled by another entity?:
[ ___ ] Yes or [ ___ ] No.
(d) If the Offeror indicates ``yes'' in paragraph (c) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:
Highest-level owner CAGE code:
Highest-level owner legal name:
PAGE 7 Amendment 0004
(Do not use a ``doing business as'' name)
(End of provision)
52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC
2014)
The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.
(End of clause)
52.204-20 PREDECESSOR OF OFFEROR (JUL 2016)
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.
Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.
Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.
(b) The Offeror represents that it [____] is or [____] is not a successor to a predecessor that held a Federal contract or grant within the last three years.
(c) If the Offeror has indicated “is” in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):
Predecessor CAGE code: ____ (or mark “Unknown”).
Predecessor legal name: ____.
(Do not use a “doing business as” name).
PAGE 8 Amendment 0004
52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A
FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)
(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--
(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or
(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.
(b) The Offeror represents that--
(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and
(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.
252.204-7007 ALTERNATE A, ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2015)
Substitute the following paragraphs (d) and (e) for paragraph (d) of the provision at FAR 52.204-8:
(d)(1) The following representations or certifications in the System for Award Management (SAM) database are applicable to this solicitation as indicated:
(i) 252.209-7003, Reserve Officer Training Corps and Military Recruiting on Campus--Representation. Applies to all solicitations with institutions of higher education.
(ii) 252.216-7008, Economic Price Adjustment--Wage Rates or Material Prices Controlled by a Foreign Government. Applies to solicitations for fixed-price supply and service contracts when the contract is to be performed wholly or in part in a foreign country, and a foreign government controls wage rates or material prices and may during contract performance impose a mandatory change in wages or prices of materials.
(iii) 252.222-7007, Representation Regarding Combating Trafficking in Persons, as prescribed in 222.1771. Applies to solicitations with a value expected to exceed the simplified acquisition threshold.
(iv) 252.225-7042, Authorization to Perform. Applies to all solicitations when performance will be wholly or in part in a foreign country.
(v) 252.225-7049, Prohibition on Acquisition of Commercial Satellite Services from Certain Foreign Entities-- Representations. Applies to solicitations for the acquisition of commercial satellite services.
PAGE 9 Amendment 0004
(vi) 252.225-7050, Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism. Applies to all solicitations expected to result in contracts of $150,000 or more.
(vii) 252.229-7012, Tax Exemptions (Italy)--Representation. Applies to solicitations when contract performance will be in Italy.
(viii) 252.229-7013, Tax Exemptions (Spain)--Representation. Applies to solicitations when contract performance will be in Spain.
(ix) 252.247-7022, Representation of Extent of Transportation by Sea. Applies to all solicitations except those for direct purchase of ocean transportation services or those with an anticipated value at or below the simplified acquisition threshold.
(2) The following representations or certifications in SAM are applicable to this solicitation as indicated by the Contracting Officer: [Contracting Officer check as appropriate.]
____ (i) 252.209-7002, Disclosure of Ownership or Control by a Foreign Government.
____ (ii) 252.225-7000, Buy American--Balance of Payments Program Certificate.
____ (iii) 252.225-7020, Trade Agreements Certificate.
____ Use with Alternate I.
____ (iv) 252.225-7031, Secondary Arab Boycott of Israel.
____ (v) 252.225-7035, Buy American--Free Trade Agreements--Balance of Payments Program Certificate.
____ Use with Alternate I.
____ Use with Alternate II.
____ Use with Alternate III.
____ Use with Alternate IV.
____ Use with Alternate V.
(e) The offeror has completed the annual representations and certifications electronically via the SAM Web site at https://www.acquisition.gov/. After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in FAR 52.204-8(c) and paragraph (d) 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 provision 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/DFARS 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 located in the SAM database.
PAGE 10 Amendment 0004
252.209-7002 DISCLOSURE OF OWNERSHIP OR CONTROL BY A FOREIGN GOVERNMENT (JUN 2010)
(1) “Effectively owned or controlled” means that a foreign government or any entity controlled by a foreign government has the power, either directly or indirectly, whether exercised or exercisable, to control the election, appointment, or tenure of the Offeror’s officers or a majority of the Offeror’s board of directors by any means, e.g., ownership, contract, or operation of law (or equivalent power for unincorporated organizations).
(2) “Entity controlled by a foreign government”—
(i) Means—
(A) Any domestic or foreign organization or corporation that is effectively owned or controlled by a foreign government;
or
(B) Any individual acting on behalf of a foreign government.
(ii) Does not include an organization or corporation that is owned, but is not controlled, either directly or indirectly, by a foreign government if the ownership of that organization or corporation by that foreign government was effective before October 23, 1992.
(3) “Foreign government” includes the state and the government of any country (other than the United States and its outlying areas) as well as any political subdivision, agency, or instrumentality thereof.
(4) “Proscribed information” means—
(i) Top Secret information;
(ii) Communications security (COMSEC) material, excluding controlled cryptographic items when unkeyed or utilized with unclassified keys;
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