W912PL-18-R-0087_Solicitation.pdf
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REQUEST FOR PROPOSALS (RFP) DB
RED FLAG BLDG 228 RETROFIT
NELLIS AFB, NEVADA
PROJECT NO. RKMF150066
SPECIFICATION FILE NUMBER 2038
DRAWING FILE NUMBER 229-25-0702
BID DOCUMENTS
US Army Corps of Engineers Los Angeles District
4 JUNE 2018
DISTRIBUTION STATEMENT A
Approved for public release; distribution is unlimited.
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
STANDARD FORM 1442 (REV. 4-85) (EG)
Prescribed by GSA - FAR (48 CFR) 53.236-1(d)
1442-103
W912PL-18-R-0087
X
AUG 28 2018 1 OF 999
USACE, Los Angeles District Contracting Division, East Region Branch 915 Wilshire Blvd Los Angeles, CA 90017
See Item 7
Sandy Oquita
Retrofit Bldg 228, Nellis AFB, Las Vegas, Nevada
The project consists of the design and construction retrofit of approximately 2,500 square feet of building 228's foundation and slab to include removal and replacement of a portion of exterior CMU wall and under slab restroom plumbing damaged from settlement. In addition, construction activities include but are not limited to: patching a portion of AC pavement adjacent to Bldg 228, the demolition and replacement of concrete stoops at 2 exterior doors, and repair of damaged portions of concrete curbing along the building's perimeter. Interior work will entail the demolition of an interior wall separating two large storage rooms in the front of the building, replacement of 2 metal roll-up doors with window storefront and the creation of two small windows in the exterior wall on each side of this large storage room. The design of a new central HVAC system is not required. New HVAC work required will include replacing bathroom ceiling registers and diffusers and connecting to existing ductwork where ceilings are replaced.
Other
THIS IS A SMALL BUSINESS SET-ASIDE. The solicitation will be prepared in accordance with FAR 15, and include evaluation factors, developed in accordance with FAR 15.304. This will be a Competitive Request for Proposal(RFP),using BEST VALUE LOWEST PRICE TECHINICALLY ACCEPTABLE (LPTA) procedures, resulting in a firm fixed price contract. The estimated cost range of this procurement is $1,000,000.00 - $5,000,000.00.
Solicitation W912PL-18-R-0087 and all amendments for this acquisition will be posted on FedBizOpps (FBO) (www.fbo.gov).
10 see 007300
X X *Section 00 73 00
X 10
3 2 PM
September 27 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 PRICING SCHEDULE
USACE Las Vegas Resident Office 4551 Devlin Drive, Bldg. 867 Nellis AFB, Las Vegas, NV 89191
USACE FINANCE CENTER
5722 INTEGRITY DRIVE
MILLINGTON, TN 38054
Retrofit Bldg 228, Nellis AFB, NV W912PL-18-R-0087
Section 00 10 05 - Page 1 of 1
SECTION 00 10 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 PRINCIPAL
CORPORATE SEAL
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)
Retrofit Bldg 228, Nellis AFB, Nevada W912PL-18-R-0087
SECTION 00 10 00-1
SECTION 00 10 00 – PRICING SCHEDULE
CONTRACTOR 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 TO INCLUDE ALL
ATTACHMENTS THERETO.
Item Estimated Unit No. Description Quantity Unit Price Amount
BASE BID
0001 All work complete for Building 228
Retrofit
1 JA **** $
TOTAL BASE BID ITEMS $______________
Section 00 21 16 - Page 1 of 23
Section 00 21 16 Instructions to Offerors
Table of Contents
52.0000-4010 INQUIRIES
DIRECTIONS FOR SUBMISSION OF OFFERS
SPECIAL INSTRUCTIONS PERTAINING TO HAND-CARRIED OFFERS:
52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2016) 252.204-7004 ALTERNATE A, SYSTEM
FOR AWARD MANAGEMENT (FEB 2014)
52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL 2016)
52.209-4501 CONTRACTOR REPONSIBILITY, PRE-AWARD SURVEY
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)
52.215-1 INSTRUCTIONS TO OFFERORS – COMPETITIVE ACQUISITION (JAN 2017)
52.215-20 REQUIREMENTS FOR CERTIFIED COST AND PRICING DATA AND DAT OTHER THAN
CERTIFIED COST AND PRICING DATA (OCT 2010)
52.219-6 Notice of Total Small Business Set-Aside. (NOV 2011)
52.219-4003 SMALL BUSINESS AND SMALL DISADVANTAGED BUSINESS SUBCONTRACTING
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)
52.225-12 NOTICE OF BUY AMERICAN ACT 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 (JUL 2013)
52.233-2 SERVICE OF PROTEST (SEP 2006)
52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) – ALTERNATE I (FEB 1995)
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)
OFFEROR'S CHECKLIST
Section 00 21 16 - Page 2 of 23
52.0000-4010 INQUIRIES
Any prospective offeror 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/offerors before submission of their bids/offers. Oral explanations or instructions given before award of a contract are not binding. Any information given to a prospective offeror concerning a solicitation will be furnished promptly to all other prospective offerors as an amendment to the solicitation, if that information is necessary in submitting offers or if lack of it would be prejudicial to other prospective bidders/offerors.
1. All inquiries relating to this solicitation are to be submitted via Bidder Inquiry in ProjNet at https://www.projnet.org/projnet/
A. To submit and review bid inquiry items, offerors will need to be a current registered user, self register into the ProjNet system.
To access the Bid Inquiry system, go to the ProjNet web page and fill in:
- Managing Agency – USACE
- Email address
- Key Access (this is the Bidder Inquiry Key – see below for key)
- Click on “Sign In”
- You will be prompted for the answer to your secret question on the next screen
If this is your first time accessing ProjNet, you will be directed to a screen titled, “User account not found. Please create one using the form below.” Fill in the requested information (name, company, city, phone #, etc.).
B. From this page, you may view all bidder inquiries or add an inquiry. Please note: Offerors shall only submit one question per inquiry. All inquiries containing multiple questions may be rejected.
C. Offerors will receive an acknowledgement of their question via email, followed by an answer to their question after it has been processed by our technical team.
The Solicitation Number is: W912PL-18-R-0087
The Bidder Inquiry Key is: ARPUAV-23ITVW
2. The Bidder Inquiry System will be unavailable for new inquires up to 5 business days prior to bid/proposal submission in order to ensure adequate time is allotted to form an appropriate response and amend the solicitation if necessary.
3. Offerors are requested to review the specifications in its entirety, review the Bidder Inquiry System for answers to questions prior to submission of a new inquiry.
https://www.projnet.org/projnet/
Section 00 21 16 - Page 3 of 23
4. The ProjNet call center operates weekdays from 8AM to 5PM U.S. Central Time Zone (Chicago). The telephone number for the ProjNet Call Center is 800-428-HELP.
5. Responses on the Bidder Inquiry System do not revise, change, amend or supersede the provisions of the solicitation. Changes to the solicitation must be by written amendment thereto.
Any Bidder Inquiry System response that can be interpreted to be in conflict with the solicitation or amendment, shall be subordinate to the conflicting provision, term, and/or note, wherever it appears in the solicitation, until revised or altered by a written amendment to the solicitation.
Additionally, offerors may not anticipate a change to the solicitation until the change, revision, correction, or alteration of the solicitation is actually made, in writing and published as an amendment to the solicitation.
(End of Provision)
DIRECTIONS FOR SUBMISSION OF OFFERS
Envelopes/Packages Sealed and Marked as follows: Envelopes/packages containing offers must be sealed; marked showing the time and date specified for receipt; the solicitation number; and the name and address of the Offeror.
Solicitation No. W912PL-18-R-0087
Closing Date and Time: See SF-1442, Block 13.
Name of the firm submitting the Offer
Addressed to:
USACE, LOS ANGELES DISTRICT,
CONTRACTING DIVISION, East Region Branch
ATTN: Sandy Oquita
915 WILSHIRE BLVD, SUITE 930,
LOS ANGELES, CA 90017
SPECIAL INSTRUCTIONS PERTAINING TO HAND-CARRIED OFFERS:
Due to security precautions, offerors are no longer permitted to hand-carry their offers directly to Contacting Division. All deliveries of offers are now required to arrive on the 11th floor at 915 Wilshire Blvd, Los Angeles, California 90017 and contact the Contracting Division, Sandy Oquita at 213-452-3249 meet you at the 11th floor elevator lobby. Offerors will be required to go through a security screening.
Due to the limited space of the bid room, bidders are requested to bring no more than 2 personnel per
Section 00 21 16 - Page 4 of 23 firm. A wall telephone is provided in the elevator lobby on the 11th floor for official use only. Use this phone to contact the Contract Specialist listed above. Security personnel on the 11th floor can assist.
For those offers to be submitted prior to the scheduled day of receipt please must notify the Contracting Division to arrange for receipt of their Offer by Contracting Division personnel. Normally the contact will be the Contract Specialist(s) as designated above, but any of the telephone extensions for the Contracting Division can be dialed (see USACE Los Angeles District telephone listing next to wall telephone). In the event the Contract Specialist(s) cannot be reached, please call the following Contracting Division telephone number, 213-452-3670
At approximately 15 minutes prior to the scheduled Offer time/date deadline, Contracting Division personnel will be on the 11th floor elevator lobby to collect remaining offers and call the official closing time.
52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2016) 252.204-7004 ALTERNATE A,
SYSTEM FOR AWARD MANAGEMENT (FEB 2014)
(a) Definitions. As used in this provision—
“System for Award Management (SAM) database” means the primary Government repository for contractor information required for the conduct of business with the Government.
“Commercial and Government Entity (CAGE) code” means—
(1) A code assigned by the Defense Logistics Information Service (DLIS) to identify a commercial or Government entity; or
(2) A code assigned by a member of the North Atlantic Treaty Organization that DLIS records and maintains in the CAGE master file. This type of code is known as an “NCAGE code.”
“Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.
“Data Universal Numbering System +4 (DUNS+4) number” means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR 32.11) for the same parent concern.
“Registered in the System for Award Management (SAM) database” means that—
(1) The contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, and Contractor and Government Entity (CAGE) code into the SAM database; and
(2) The contractor has completed the Core Data, Assertions, 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 Contractor will be required to provide consent for TIN validation to the Government as part of the SAM registration process; and
Section 00 21 16 - Page 5 of 23
(4) The Government has marked the record “Active.”
(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.
(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 http://www.sam.gov/ https://www.acquisition.gov/
Section 00 21 16 - Page 6 of 23
(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 Contractor 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)
52.209-4501 CONTRACTOR REPONSIBILITY, PRE-AWARD SURVEY
https://www.acquisition.gov/sites/default/files/current/far/html/www.sam.gov https://cage.dla.mil/ https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx http://www.nato.int/structur/AC/135/main/links/contacts.htm https://cage.dla.mil/ https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1152369 https://www.acquisition.gov/sites/default/files/current/far/html/52_212_213.html#wp1179194
Section 00 21 16 - Page 7 of 23
In order to determine a contractor’s responsibility for purposes of contract award in accordance with FAR Part 9, a statement regarding previous experience in performing comparable work, and/or plant to be used in performing the work is required. After the bid opening, the Government will request this information and set a due date for its submission.
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/);
(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.
52.215-1 INSTRUCTIONS TO OFFERORS – COMPETITIVE ACQUISITION (JAN 2017)
(a) Definitions. As used in this provision --https://assist.dla.mil/online/start/ http://quicksearch.dla.mil/ http://assistdocs.com/ https://assist.dla.mil/wizard/index.cfm
Section 00 21 16 - Page 8 of 23
“Discussions” are negotiations that occur after establishment of the competitive range that may, at the Contracting Officer’s discretion, result in the offeror being allowed to revise its proposal.”
“In writing,” “writing,” or “written” means any worded or numbered expression which can be read, reproduced, and later communicated, and includes electronically transmitted and stored information.
“Proposal modification” is a change made to a proposal before the solicitation’s closing date and time, or made in response to an amendment, or made to correct a mistake at any time before award.
“Proposal revision” is a change to a proposal made after the solicitation closing date, at the request of or as allowed by a Contracting Officer as the result of negotiations.
“Time,” if stated as a number of days, is calculated using calendar days, unless otherwise specified, and will include Saturdays, Sundays, and legal holidays. However, if the last day falls on a Saturday, Sunday, or legal holiday, then the period shall include the next working day.
(b) Amendments to solicitations. If this solicitation is amended, all terms and conditions that are not amended remain unchanged. Offerors shall acknowledge receipt of any amendment to this solicitation by the date and time specified in the amendment(s).
(c) Submission, modification, revision, and withdrawal of proposals.
(1) Unless other methods (e.g., electronic commerce or facsimile) are permitted in the solicitation, proposals and modifications to proposals shall be submitted in paper media in sealed envelopes or packages
(i) addressed to the office specified in the solicitation, and
(ii) showing the time and date specified for receipt, the solicitation number, and the name and address of the offeror. Offerors using commercial carriers should ensure that the proposal is marked on the outermost wrapper with the information in paragraphs (c)(1)(i) and (c)(1)(ii) of this provision.
(2) The first page of the proposal must show --
(i) The solicitation number;
(ii) The name, address, and telephone and facsimile numbers of the offeror (and electronic address if available);
(iii) 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;
Section 00 21 16 - Page 9 of 23
(iv) 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; and
(v) 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.
(3) Submission, modification, revision, and withdrawal of proposals.
(i) Offerors are responsible for submitting proposals, and any modification, or revisions, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that proposal or revision is due.
(ii)
(A) Any proposal, modification, or revision received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and --
(1) If it was transmitted through an electronic commerce method authorized by the solicitation, 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 proposals; or
(2) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers; or
(3) It is the only proposal received.
(B) However, a late modification of an otherwise successful proposal that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.
(iii) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the proposal wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.
Section 00 21 16 - Page 10 of 23
(iv) If an emergency or unanticipated event interrupts normal Government processes so that proposals cannot be received at the office designated for receipt of proposals by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation, the time specified for receipt of proposals 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.
(v) Proposals may be withdrawn by written notice received at any time before award. Oral proposals in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile proposals, proposals may be withdrawn via facsimile received at any time before award, subject to the conditions specified in the provision at 52.215-5, Facsimile Proposals. Proposals may be withdrawn in person by an offeror or an authorized representative, if the identity of the person requesting withdrawal is established and the person signs a receipt for the proposal before award.
(4) Unless otherwise specified in the solicitation, the offeror may propose to provide any item or combination of items.
(5) Offerors shall submit proposals in response to this solicitation in English, unless otherwise permitted by the solicitation, and in U.S. dollars, unless the provision at FAR 52.225-17, Evaluation of Foreign Currency Offers, is included in the solicitation.
(6) Offerors may submit modifications to their proposals at any time before the solicitation closing date and time, and may submit modifications in response to an amendment, or to correct a mistake at any time before award.
(7) Offerors may submit revised proposals only if requested or allowed by the Contracting Officer.
(8) Proposals may be withdrawn at any time before award. Withdrawals are effective upon receipt of notice by the Contracting Officer.
(d) Offer expiration date. Proposals in response to this solicitation will be valid for the number of days specified on the solicitation cover sheet (unless a different period is proposed by the offeror).
(e) Restriction on disclosure and use of data. Offerors that include in their proposals data that they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, shall --
(1) Mark the title page with the following legend:
Section 00 21 16 - Page 11 of 23
This proposal includes data that shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed -- in whole or in part -- for any purpose other than to evaluate this proposal. If, however, a contract is awarded to this offeror as a result of -- or in connection with -- the submission of this data, the Government shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Government’s right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contained in sheets [insert numbers or other identification of sheets]; and
(2) Mark each sheet of data it wishes to restrict with the following legend:
Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.
(f) Contract award.
(1) The Government intends to award a contract or contracts resulting from this solicitation to the responsible offeror(s) whose proposal(s) represents the best value after evaluation in accordance with the factors and subfactors in the solicitation.
(2) The Government may reject any or all proposals if such action is in the Government’s interest.
(3) The Government may waive informalities and minor irregularities in proposals received.
(4) The Government intends to evaluate proposals and award a contract without discussions with offerors (except clarifications as described in FAR 15.306(a)).
Therefore, the offeror’s initial proposal should contain the offeror’s best terms from a cost or price and technical standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.
(5) The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit cost or prices offered, unless the offeror specifies otherwise in the proposal.
(6) The Government reserves the right to make multiple awards if, after considering the additional administrative costs, it is in the Government’s best interest to do so.
Section 00 21 16 - Page 12 of 23
(7) Exchanges with offerors after receipt of a proposal do not constitute a rejection or counteroffer by the Government.
(8) The Government may determine that a proposal is unacceptable if the prices proposed are materially unbalanced between line items or subline items. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more line items is significantly overstated or understated as indicated by the application of cost or price analysis techniques. A proposal may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government.
(9) If a cost realism analysis is performed, cost realism may be considered by the source selection authority in evaluating performance or schedule risk.
(10) A written award or acceptance of proposal mailed or otherwise furnished to the successful offeror within the time specified in the proposal shall result in a binding contract without further action by either party.
(11) If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:
(i) The agency’s evaluation of the significant weak or deficient factors in the debriefed offeror’s offer.
(ii) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.
(iii) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.
(iv) A summary of the rationale for award.
(v) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.
(vi) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.
(End of Provision)
52.215-20 REQUIREMENTS FOR CERTIFIED COST AND PRICING DATA AND DAT OTHER
THAN CERTIFIED COST AND PRICING DATA (OCT 2010)
Section 00 21 16 - Page 13 of 23
(a) Exceptions from certified cost or pricing data.
(1) In lieu of submitting certified cost or pricing data, offerors may submit a written request for exception by submitting the information described in the following subparagraphs. The Contracting Officer may require additional supporting information, but only to the extent necessary to determine whether an exception should be granted, and whether the price is fair and reasonable.
(i) Identification of the law or regulation establishing the price offered. If the price is controlled under law by periodic rulings, reviews, or similar actions of a governmental body, attach a copy of the controlling document, unless it was previously submitted to the contracting office.
(ii) Commercial item exception. For a commercial item exception, the offeror shall submit, at a minimum, information on prices at which the same item or similar items have previously been sold in the commercial market that is adequate for evaluating the reasonableness of the price for this acquisition. Such information may include --
(A) For catalog items, a copy of or identification of the catalog and its date, or the appropriate pages for the offered items, or a statement that the catalog is on file in the buying office to which the proposal is being submitted. Provide a copy or describe current discount policies and price lists (published or unpublished), e.g., wholesale, original equipment manufacturer, or reseller. Also explain the basis of each offered price and its relationship to the established catalog price, including how the proposed price relates to the price of recent sales in quantities similar to the proposed quantities;
(B) For market-priced items, the source and date or period of the market quotation or other basis for market price, the base amount, and applicable discounts. In addition, describe the nature of the market;
(C) For items included on an active Federal Supply Service Multiple Award Schedule contract, proof that an exception has been granted for the schedule item.
(2) The offeror grants the Contracting Officer or an authorized representative the right to examine, at any time before award, books, records, documents, or other directly pertinent records to verify any request for an exception under this provision, and the reasonableness of price. For items priced using catalog or market prices, or law or regulation, access does not extend to cost or profit information or other data relevant solely to the offeror’s determination of the prices to be offered in the catalog or marketplace.
Section 00 21 16 - Page 14 of 23
(b) Requirements for certified cost or pricing data. If the offeror is not granted an exception from the requirement to submit certified cost or pricing data, the following applies:
(1) The offeror shall prepare and submit certified cost or pricing data, and data other than certified cost or pricing data, and supporting attachments in accordance with the instructions contained in Table 15-2 of FAR 15.408, which is incorporated by reference with the same force and effect as though it were inserted here in full text. The instructions in Table 15-2 are incorporated as a mandatory format to be used in this contract, unless the Contracting Officer and the Contractor agree to a different format and change this clause to use Alternate I.
(2) As soon as practicable after agreement on price, but before contract award (except for unpriced actions such as letter contracts), the offeror shall submit a Certificate of Current Cost or Pricing Data, as prescribed by FAR 15.406-2.
(End of Provision)
52.219-6 Notice of Total Small Business Set-Aside. (NOV 2011)
(a) Definition. “Small business concern,” as used in this clause, means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the size standards in this solicitation.
(b) Applicability. This clause applies only to—
(1) Contracts that have been totally set aside or reserved for small business concerns; and
(2) Orders set aside for small business concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).
(c) General.
(1) Offers are solicited only from small business concerns. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected.
(2) Any award resulting from this solicitation will be made to a small business concern.
(d) Agreement. A small business concern submitting an offer in its own name shall furnish, in performing the contract, only end items manufactured or produced by small business concerns in the United States or its outlying areas. If this procurement is processed under simplified acquisition procedures and the total amount of this contract does not exceed $25,000, a small business concern may furnish the product of any domestic firm. This paragraph does not apply to construction or service contracts.
(End of clause)
Section 00 21 16 - Page 15 of 23
52.219-4003 SMALL BUSINESS AND SMALL DISADVANTAGED BUSINESS
SUBCONTRACTING
Offerors are cautioned that failure to comply in good faith with the CONTRACT CLAUSE entitled (1) "Utilization of Small, Small Disadvantaged and Women- Owned Small Business Concerns, FAR 52-219-8" and (2) Small, Small Disadvantaged and Women-Owned Small Business Subcontracting Plan, FAR 52.219- 9 (Alternate I)," when applicable, will be a material breach of contract. In order to assist prime contractors in developing a source list of Small and Small Disadvantaged Business Concerns, you are encouraged to contact Minority Contractor Associations, the Minority Business Development Agency, and the appropriate General Business Service Centers in your standard Metropolitan Statistical Area, addresses of which may be obtain from:
Write: US Army Engineer District, Los Angeles ATTN: Small Business Specialist 915 Wilshire Blvd Suite 930 Los Angeles, California 90017
Telephone: Eric Ravelli Small and Disadvantaged Business Utilization Specialist Area Code (213) 452-3938
52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK
(MAY 2014)
(a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements, of this solicitation.
(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.
(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.
(2) The due date for receipt of offers will not be extended as a result of an offeror’s request for a wage determination for a secondary site of the work.
52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL
EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)
https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1147505
Section 00 21 16 - Page 16 of 23
(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.
(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:
Goals for minority participation for each trade
Goals for female participation for each trade
19.7% 6.9%
These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.
(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction,'' and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.
(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the --
(1) Name, address, and telephone number of the subcontractor;
(2) Employer's identification number of the subcontractor;
(3) Estimated dollar amount of the subcontract;
(4) Estimated starting and completion dates of the subcontract; and
(5) Geographical area in which the subcontract is to be performed.
(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is Clark County, Nevada.
52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT--CONSTRUCTION MATERIALS
(MAY 2014)
Section 00 21 16 - Page 17 of 23
(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American --Construction Materials” (Federal Acquisition Regulation (FAR) clause 52.225-9).
(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.
(c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.
(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.
(d) Alternate offers.
(1) When an offer includes foreign construction material not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.
(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer…
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