Spec_W912PL22R0008_Oceanside_Dredging.pdf

RFP No: W912PL-22-R-0008

Oceanside Harbor Maintenance Dredging San Diego County, California

UNRESTRICTED

Construction Solicitation and Specifications

Lowest Price Technically Acceptable (LPTA)

January 2022

Oceanside Harbor Maintenance Dredging W912PL-22-R-0008

00 00 01

PROJECT TABLE OF CONTENTS

DIVISION 00 - BIDDING REQUIREMENTS, CONTRACT FORMS AND CONTRACT CONDITIONS

SF-1442 Solicitation, Offer and Award

00 01 05 Certification Page 00 10 00 CLIN Schedule / Bidders Notes 00 21 00 Instructions 00 21 16 Instructions to Proposers

00 22 00 Supplementary Instructions – Proposal Submission

Requirements and Instructions 00 22 16 Supplementary Instructions to Proposers – Proposal

Evaluation and Contract Award

00 45 00 Representations and Certifications 00 70 00 Conditions of the Contract 00 73 00 Supplementary Conditions 00 73 46 Wage Rates

DIVISION 01 - GENERAL REQUIREMENTS

01 11 00 Summary of Work 01 22 00 Price and Payment Procedures 01 33 00 Submittal Procedures 01 33 00a Submittal Register

01 35 26 Governmental Safety Requirements 01 42 00 Sources for Reference Publications 01 45 00 Quality Control 01 45 01 Resident Management System Contractor Mode (RMS CM)

01 50 00 Temporary Construction Facilities and Controls 01 57 19 Temporary Environmental Controls 01 78 00 Closeout Submittals

DIVISION 35 - WATERWAY AND MARINE CONSTRUCTION

35 20 23 Dredging 35 20 23a Sediment Sample Logs 35 20 26 National Dredging Quality Management Program Pipeline

Hydraulic Dredge

-- End of Project Table of Contents –-

00 01 05 - 1

00 01 05 Certification Page

CERTIFICATE OF OFFEROR’S PRINCIPAL

1) IF THE OFFEROR IS PARTNERSHIP OR JOINT VENTURE, LIST FULL NAME OF ALL PARTNERS/ JOINT VENTURERS (Add addendum as necessary):

(Company Name) (Signature) (Title)

2) IF THE OFFEROR IS A CORPORATION, THE FOLLOWING CERTIFICATION SHOULD BE COMPLETED:

CERTIFICATION AS TO CORPORATE PRINCIPAL

I, ______________________________, certify that I am the Secretary of the corporation named as principal in the within SF 1442; that ________________________________, who signed the SF 1442 at Block 20B on behalf of the principal, was the _________________________________________of the corporation; that I know the individual’s signature and that his/her signature is genuine; and that said Offer was duly signed, sealed and attested for on behalf of said corporation by authority of its governing body.

CORPORATE SEAL ______________________________________________

CORPORATE PRINCIPAL

SECRETARY

3) IF THE OFFEROR IS A LIMITED LIABILITY COMPANY/PARTNERSHIP, LIST FULL NAME OF ALL MANAGERS BELOW (Add addendum as necessary). SIGNATURES BY ALL MANAGERS HERE SIGNIFY THAT THAT THE INDIVIDUAL WHO SIGNED THE OFFER IN BLOCK 20B OF THE SF 1442 HAS THE AUTHORITY TO

BIND THE LIMITED LIABILITY COMPANY/PARTNERSHIP.

(Officer’s Name) (Signature) (Title)

This page was intentionally left blank for duplex printing.

San Diego County, CA

00 10 00 - 1

CLIN SCHEDULE

BASE OFFER

Item No. Description

Estimated Quantity Unit Unit Price Amount

0001 Mobilization and Demobilization, First Cycle 1 Job $__________ $__________

0002 Dredging, First Year Cycle: Entrance Channel and Advance Maintenance, Del Mar and Oceanside Channels

002A First 100,000 cubic yards 100,000 Cubic Yards $__________ $__________

002B Over 100,000 cubic yards 20,000 Cubic Yards $__________ $__________

Total Base Offer $_______________

OPTION ITEMS

0003 Mobilization and Demobilization, Second Cycle 1 Job $__________ $__________

0004 Dredging, Second Cycle: Entrance Channel and Advance Maintenance Area, Del Mar and Oceanside Channels

004A First 150,000 cubic yards 150,000 Cubic Yards $__________ $__________

004B Over 150,000 cubic yards 50,000 Cubic Yards $__________ $__________

0005 Mobilization and Demobilization, Third Cycle 1 Job $__________ $__________

0006 Dredging, Third Cycle: Entrance Channel and Advance Maintenance Area, Del Mar and Oceanside Channels

006A First 150,000 cubic yards 150,000 Cubic Yards $__________ $__________

006B Over 150,000 cubic yards 50,000 Cubic Yards $__________ $__________

0007 Mobilization and Demobilization, Fourth Cycle 1 Job $__________ $__________

0008 Dredging, Fourth Cycle: Entrance Channel and Advance Maintenance Area, Del Mar and Oceanside Channels

008A First 150,000 cubic yards 150,000 Cubic Yards $__________ $__________

008B Over 150,000 cubic yards 50,000 Cubic Yards $__________ $__________

Total Option Items $_______________

Total Estimated Amount, Base Offer Plus Option Items $_______________

00 10 00 - 2

252.236-7008 CONTRACT PRICES - PRICING SCHEDULES. (DEC 1991)

a. The Government's payment for the items listed in the Pricing Schedule shall constitute full compensation to the Contractor for --

(1) Furnishing all plant, labor, equipment, appliances, and materials; and

(2) Performing all operations required to complete the work in conformity with the drawings and specifications.

b. The Contractor shall include in the prices for the items listed in the Pricing Schedule all costs for work in the specifications, whether or not specifically listed in the Pricing Schedule.

(End of provision)

ADDITIONAL OFFEROR'S NOTES:

1. All extensions of the unit prices shown will be subject to verification by the Government. In case of variation between the unit price and the extension, the unit price will be considered to be the offer.

2. Prices must be submitted on all individual items of the Solicitation, Contract Line Item Number (CLIN) Schedule. Failure to do so may cause the offer to be determined “non-responsive.”

3. For the purpose of initial evaluation of offers, the following will be utilized in resolving arithmetic discrepancies found on the face of the Price Schedule as submitted by the offeror:

a. Obviously misplaced decimal points will be corrected;

b. In case of discrepancy between the unit price and the extended price, the unit price will govern;

c. Apparent errors in extensions of unit prices will be corrected;

d. Apparent errors in addition of lump sum and extended prices will be corrected.

4. The Contract Clause 52.232-27, "Prompt Payment for Construction Contracts" requires that the name and address of the contractor official, to whom payment is to be sent, be the same as that in the contract or in a proper Notice of Assignment.

5. Principal Contracting Officer. The Contracting Officer who signs this contract will be the Principal Contracting Officer for this contract. However, any Contracting Officer assigned to the Los Angeles District, Contracting within his authority, may take formal action on this contract when the Principal Contracting Officer is unavailable and the action needs to be taken.

6. Amounts and prices shall be indicated in either words or figures, NOT BOTH.

7. The offeror shall distribute indirect costs (overhead, profit, bond, etc.) over all items in

00 10 00 - 3 the Contract Line Item Number (CLIN) Schedule. The Government will review all submitted Solicitation, Contract Line Item Number (CLIN) Schedules for any unbalancing of the items. Any submitted Solicitation, Contract Line Item Number (CLIN) Schedule determined to be unbalanced may cause the offeror to be ineligible for award.

8. The offeror shall furnish all plant, labor, material, equipment, etc., necessary to perform all work in strict accordance with the terms and conditions set forth in the contract in include all attachments thereto.

9. Some quantities are ESTIMATED, the offerors prices MUST BE FIRM.

10. Offeror is cautioned to check their Price Schedule carefully prior to submission. If the Price Schedule contains unit prices, they should be round off to the second decimal point only NOT EXTENDED FURTHER.

11. Payment of Electronic Funds Transfer (EFT) is the mandatory method of payment. The Contractors attention is directed to Contract Clause NO. 52.232-33 “Mandatory Information for Electronic Funds Transfer” located in Section 00 70 00 Conditions of the Contract.

12. Contractor is required to fill in Cage code, TIN and DUNS Number in Block No. 14 on Standard Form 1442, the Name and Address Block.

End of Section

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00 21 00 - 1

SECTION 00 21 00

INSTRUCTIONS

52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995)—ALTERNATE I (FEB 1995)

52.0000-4010 INQUIRIES

SPECIAL INSTRUCTIONS PERTAINING TO SUBMISSION OF ELECTRONIC OFFERS (APR 2020):

INSTRUCTIONS FOR SUBMITTING ELECTRONIC OFFERS:

INSTRUCTIONS TO FOLLOW ON THE SAFE WEBSITE:

RECEIPT OF SUBMISSIONS:

FORMAT AND CONTENTS OF ELECTRONIC OFFER

CONTRACTOR RESPONSIBILITY, PRE-AWARD SURVEY

NOTES FOR SOLICITATION, CONTRACT LINE ITEM NUMBER (CLIN) SCHEDULE

00 21 00 - 2

SECTION 00 21 00

INSTRUCTIONS

52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995)—ALTERNATE I

(FEB 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions

Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) No organized site visit is scheduled for this project.

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 offerors/offerors before submission of their offers/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 offerors/offerors.

1. All inquiries relating to this solicitation are to be submitted via Offeror Inquiry in ProjNet at https://www.projnet.org/projnet/

A. To submit and review offer inquiry items, offerors will need to be a current registered user, self-register into the ProjNet system.

To access the Offer Inquiry system, go to the ProjNet web page and fill in:

- Managing Agency – USACE

- Email address

- Key Access (this is the Offeror 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 offeror 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.

https://www.projnet.org/projnet/

00 21 00 - 3

The Solicitation Number is: W912PL22R0008 The Bidder Inquiry Key is: 94F4WN - JSU72T

2. The Offeror Inquiry System will be unavailable for new inquires up to 5 business days prior to offer/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 Offeror Inquiry System for answers to questions prior to submission of a new inquiry.

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 Offeror 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 Offeror 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.

SPECIAL INSTRUCTIONS PERTAINING TO SUBMISSION OF ELECTRONIC

OFFERS (APR 2020):

The Offeror’s offer shall be submitted electronically, as described below. The RFP will provide the Government address and receipt date for offer submittal. The offer shall not contain classified data.

The use of hyperlinks in offers is prohibited.

NOTE: The only authorized transmission method for offers in response to this solicitation is electronically via SAFE online submission. NO OTHER TRANSMISSION METHODS (EMAIL, FACSIMILE, REGULAR MAIL, HAND CARRIED, ETC.) WILL BE ACCEPTED.

The offer must be received by the Government by the date/time specified in the solicitation. Offerors shall email their offer using the following link: https://safe.apps.mil/

Please send offers using the link above to:

Contract Specialist Stanislav.Y.Sekacov@usace.army.mil AND to Contracting Officer Patricia.B.Bonilla@usace.army.mil

INSTRUCTIONS FOR SUBMITTING ELECTRONIC OFFERS:

In an effort to reduce paperwork and cost, all offers shall be submitted electronically through the SAFE site. Submission shall be in Adobe PDF format. You are limited to five (5) maximum files per upload (total size cannot exceed 2GB). If you have a large number of files, recommend that you https://safe.apps.mil/ mailto:Stanislav.Y.Sekacov@usace.army.mil mailto:Patricia.B.Bonilla@usace.army.mil

00 21 00 - 4 combine or ZIP your files before uploading to the SAFE site. Offerors may use compression utility software such as WinZip or PKZip to reduce file size and facilitate transmission.

REQUEST FOR UPLOAD LINK: Offerors must email Contract Specialist Stanislav.Y.Sekacov@usace.army.mil and to Contracting Officer Patricia.B.Bonilla@usace.army.mil no later than five (5) working days prior to the offer due date to receive a request code which will allow for file uploads via the SAFE site. Offerors who fail to email for a request code five (5) working days before offer submission date may not be able to receive a request code in time to upload their submission.

FILE DESCRIPTION: Include a “File Description” for each file(s) you upload. The “File Description” will be included in the email notice to each of the recipients you choose to have access your file(s). NOTE: Do NOT enter Privacy Act Data (Personal Identification Information (PII)) in the File Description.) Submission shall be in Adobe PDF format.

INSTRUCTIONS TO FOLLOW ON THE SAFE WEBSITE:

1. Once at the SAFE website select the “Drop-off” icon. This allows users without a CAC or users whose computer is not configured to read a CAC the option to access the SAFE site as a guest.

2. After selecting the “Click Here” link you will be prompted to add your personal information, file information, recipient (Government representative) information and email settings.

3. When completing your file information for transmittal via the SAFE website, you will be required to enter the email address for all recipients. For this solicitation, the recipients are the Contract Specialist and the Contracting Officer. The Contract Specialist for this solicitation is Stanislav.Y.Sekacov@usace.army.mil and the Contracting Officer is Patricia.B.Bonilla@usace.army.mil. The E-Mail address of the Government Employee who initiated the request code will be automatically entered. The Proposer must enter the E-Mail address for both the Contracting Officer and Specialist. The Proposer can enter an additional E-Mail address if desired. After entering the email address, click the ADD button to add the person(s) email to the “Recipients List” of your response. When your proposal is submitted, a notification will be sent to the recipients you added.

NOTE: Do NOT send the SAFE site packages to group email accounts. Even if you successfully upload your offer to the SAFE site, notification will not be sent to the government recipients until you verify your email address. Entering an incorrect email may result in the rejection of your submission for lateness. A Proposer can confirm proper submission by the ‘Drop-Off Completed” screen which generates based on proper file submission.

NOTE: It has been reported that documents are more quickly uploaded into the SAFE website when using a Firefox web browser. The Government cannot verify that this is true and offers no guarantee that Offerors will have more success utilizing any particular browser.

mailto:%20Wendell.L.Mendoza@usace.army.mil mailto:Stanislav.Y.Sekacov@usace.army.mil mailto:Patricia.B.Bonilla@usace.army.mil mailto:%20Wendell.L.Mendoza@usace.army.mil mailto:Stanislav.Y.Sekacov@usace.army.mil

00 21 00 - 5

RECEIPT OF SUBMISSIONS:

For the purposes of establishing whether an offer submission is considered timely, the government considers the date and time the submission is completely uploaded into the SAFE website. For offers larger than the 2 GB capacity of the SAFE website and require multiple submissions, the Government will consider the date and time the last submission is completely uploaded into the SAFE website. Do not assume that electronic communication is instantaneous. It can take several minutes or even hours in some cases.

The government will not be responsible for submissions delivered to any location or to anyone other than those designated to receive offers. Offerors are responsible for ensuring that offers are submitted so as to reach the designated recipient. Offerors are responsible for allowing sufficient time for the offer to be received in accordance with the instructions provided.

(End of statement)

FORMAT AND CONTENTS OF ELECTRONIC OFFER

The only authorized transmission method for offers in response to this solicitation is electronically via SAFE online submission. NO OTHER TRANSMISSION METHODS (EMAIL, FACSIMILE, REGULAR MAIL, HAND CARRIED, ETC.) WILL BE ACCEPTED.

The Offeror’s offer must be received by the Government by the date/time specified in the solicitation.

Offerors shall email their offer using the following link: https://safe.apps.mil/

The offer shall be organized as indicated in Section 00 22 00, entitled Supplementary Instructions

(End of statement)

CONTRACTOR RESPONSIBILITY, PRE-AWARD SURVEY

In accordance with FAR 9.103(a)…”contracts shall be awarded to responsible, prospective contractors only.” 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 offer opening, the Government will request this information and set a due date for its submission.

OFFEROR'S CHECKLIST

https://safe.apps.mil/

00 21 00 - 6

All information required by the terms of the Solicitation must be furnished. MISTAKES OR OMISSIONS CAN BE COSTLY. Important items for you to check are included in but not limited to, those listed below.

This checklist is furnished only to assist you in submitting a complete Offer. Check as you read.

[ ] Have you acknowledged all amendments?

[ ] Is your SF-1442, Certificate of Corporate Principal and CLIN Schedule (Section 00 10 00), properly completed and signed?

[ ] Is a SF-24 offer bond included with your offer? (A late offer bond is treated the same as a late offer.)

[ ] Is your offer bond in the proper amount? (20% of total offer price or $3,000,000 whichever is less)

[ ] Is the bond properly signed by both the Offeror and Surety and are all required seals affixed?

[ ] Is the name in which you submitted the offer the same on your offer as on your offer bond?

[ ] Are all erasures or corrections initialed by the person signing the offer?

[ ] Have you restricted your offer by altering the provisions of the solicitation?

[ ] Have you completed the Representations, Certifications, and Other Statements of Offerors/Offerors

(Section 00 45 00) or copy of your ORCA.

[ ] Will your offer arrive on time? Late offers or modifications will be handled in accordance with 52.214-7

Late Submissions, Modifications, and Withdrawals of offers.

00 21 16 - 1

Section 00 21 16 - Instructions to Proposers

Table of Contents

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL 2016)

52.211-1 AVAILABILITY OF SPECIFICATIONS LISTED IN THE GSA INDEX OF FEDERAL SPECIFICATIONS, STANDARDS AND COMMERCIAL ITEM DESCRIPTIONS, FPMR PART 101-29 (AUG 1998)

52.211-2 AVAILABILITY OF SPECIFICATIONS, STANDARDS, AND DATA ITEM DESCRIPTIONS LISTED IN THE ACQUISITION STREAMLINING AND STANDARDIZATION INFORMATION SYSTEM (ASSIST) (APR 2014)

52.211-6 BRAND NAME OR EQUAL (AUG 1999)

52.211-14 NOTICE OF PRIORITY RATING FOR NATIONAL DEFENSE, EMERGENCY PREPAREDNESS, AND ENERGY PROGRAM USE (APR 2008)

52.215-1 INSTRUCTIONS TO OFFERORS-COMPETITIVE ACQUISITION (JAN 2017)

52.216-1 TYPE OF CONTRACT (APR 1984)

52.217-5 EVALUATION OF OPTIONS (JUL 1990)

52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL BUSINESS CONCERNS

(MAR 2020)

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) .. 12

52.233-2 SERVICE OF PROTEST (SEP 2006)

CONTRACTOR REPONSIBILITY, PRE-AWARD SURVEY

PROPOSAL EXPENSE AND PRE-AWARD COST

00 21 16 - 2

Section 00 21 16 - Instructions to Proposers

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

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

Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

Registered in the System for Award Management (SAM) means that--

(1) The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14) into SAM;

(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of Contact sections of the registration in SAM;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record ``Active''.

Unique entity identifier means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

(b)(1) An Offeror is required to be registered in SAM when submitting an offer or quotation, and shall continue to be registered until time of award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation ``Unique Entity Identifier'' followed by the unique entity identifier that identifies the Offeror's name and address exactly as stated in the offer. The Offeror also shall enter its EFT indicator, if applicable. The unique entity identifier will be used by the Contracting Officer to verify that the Offeror is registered in SAM.

(c) If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for establishment of the unique entity identifier directly to obtain one. The Offeror should be prepared to provide the following information:

(1) Company legal business name.

(2) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(3) Company physical street address, city, state, and Zip Code.

(4) Company mailing address, city, state and Zip Code (if separate from physical).

http://www.sam.gov/

00 21 16 - 3

(5) Company telephone number.

(6) Date the company was started.

(7) Number of employees at your location.

(8) Chief executive officer/key manager.

(9) Line of business (industry).

(10) Company headquarters name and address (reporting relationship within your entity).

(d) Processing time should be taken into consideration when registering. Offerors who are not registered in SAM should consider applying for registration immediately upon receipt of this solicitation. See https://www.sam.gov for information on registration.

(End of Provision)

52.204-16 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://www.sam.gov/ https://cage.dla.mil/

00 21 16 - 4 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)

52.211-1 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).

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://assist.dla.mil/online/start/ http://quicksearch.dla.mil/ http://assistdocs.com/

00 21 16 - 5

(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.

52.211-6 BRAND NAME OR EQUAL (AUG 1999)

(a) If an item in this solicitation is identified as “brand name or equal,” the purchase description reflects the characteristics and level of quality that will satisfy the Government's needs. The salient physical, functional, or performance characteristics that “equal” products must meet are specified in the solicitation.

(b) To be considered for award, offers of “equal” products, including “equal” products of the brand name manufacturer, must--

(1) Meet the salient physical, functional, or performance characteristic specified in this solicitation;

(2) Clearly identify the item by--

(i) Brand name, if any; and

(ii) Make or model number;

(3) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and

(4) Clearly describe any modifications the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modifications.

(c) The Contracting Officer will evaluate “equal” products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer.

(d) Unless the offeror clearly indicates in its offer that the product being offered is an “equal” product, the offeror shall provide the brand name product referenced in the solicitation.

https://assist.dla.mil/wizard/index.cfm

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52.211-14 NOTICE OF PRIORITY RATING FOR NATIONAL DEFENSE, EMERGENCY

PREPAREDNESS, AND ENERGY PROGRAM USE (APR 2008)

Any contract awarded as a result of this solicitation will be DX rated order; X DO 2 rated order certified for national defense, emergency preparedness, and energy program use under the Defense Priorities and Allocations System (DPAS) (15 CFR 700), and the Contractor will be required to follow all of the requirements of this regulation. [Contracting Officer check appropriate box.]

52.215-1 INSTRUCTIONS TO OFFERORS-COMPETITIVE ACQUISITION (JAN 2017)

(a) Definitions. As used in this provision-

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 that 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);

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(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;

(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 modifications 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. oneworking 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.

(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.

https://www.acquisition.gov/far/part-52#FAR_52_215_5

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(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:

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 https://www.acquisition.gov/far/part-52#FAR_52_225_17 https://www.acquisition.gov/far/part-15#FAR_15_306

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(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.

(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 sourceselection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

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52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm Fixed Price contract resulting from this solicitation.

52.217-5 EVALUATION OF OPTIONS (JUL 1990)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE

SMALL BUSINESS CONCERNS (MAR 2020)

(a) Definition. See 13 CFR 126.103 for the definition of HUBZone.

(b) Evaluation preference.

(1) Offers will be evaluated by adding a factor of 10 percent to the price of all offers, except--

(i) Offers from HUBZone small business concerns that have not waived the evaluation preference; and

(ii) Otherwise successful offers from small business concerns.

(2) The factor of 10 percent shall be applied on a line item basis or to any group of items on which award may be made. Other evaluation factors described in the solicitation shall be applied before application of the factor.

(3) When the two highest rated offerors are a HUBZone small business concern and a large business, and the evaluated offer of the HUBZone small business concern is equal to the evaluated offer of the large business after considering the price evaluation preference, award will be made to the HUBZone small business concern.

(c) Waiver of evaluation preference. A HUBZone small business concern may elect to waive the evaluation preference, in which case the factor will be added to its offer for evaluation purposes. The agreements in paragraphs

(d) and (e) of this clause do not apply if the offeror has waived the evaluation preference.

___ Offeror elects to waive the evaluation preference.

(d) Limitations on subcontracting. The Contractor shall spend--

(1) For services (except construction), at least 50 percent of the cost of personnel for contract performance on its own employees or employees of other HUBZone small business concerns;

(2) For supplies (other than procurement from a nonmanufacturer of such supplies), at least 50 percent of the cost of manufacturing, excluding the cost of materials, on the concern or other HUBZone small business concerns;

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(3) For general construction--

(i) At least 15 percent of the cost of contract performance to be incurred for personnel on its own employees;

(ii) At least 50 percent of the cost of the contract performance to be incurred for personnel on its own employees or on a combination of its own employees and employees of HUBZone small business concern subcontractors;

(iii) No more than 50 percent of the cost of contract performance to be incurred for personnel on concerns that are not HUBZone small business concerns; or

(4) For construction by special trade contractors--

(i) At least 25 percent of the cost of contract performance to be incurred on its own employees;

(ii) At least 50 percent of the cost of the contract performance to be incurred for personnel on its own employees or on a combination of its own employees and employees of HUBZone small business concern subcontractors;

(iii) No more than 50 percent of the cost of contract performance to be incurred for personnel on concerns that are not HUBZone small business concerns.

(e) A HUBZone joint venture agrees that the aggregate of the HUBZone small business concerns to the joint venture, not each concern separately, will perform the applicable percentage of work requirements.

(f) Notice. The HUBZone small business offeror acknowledges that a prospective HUBZone awardee must be a HUBZone small business concern at the time of award of this contract. The HUBZone offeror shall provide the Contracting Officer a copy of the notice required by 13 CFR 126.501 if material changes occur before contract award that could affect its HUBZone eligibility. If the apparently successful HUBZone offeror is not a HUBZone small business concern at the time of award of this contract, the Contracting Officer will proceed to award to the next otherwise successful HUBZone small business concern or other offeror.

(End of clause)

52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

(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

11.9% 6.9%

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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)…