AdvertisedSpecsConcord.pdf

Concord Streams Restoration Section 206 Aquatic Ecosystem Restoration Stricker Branch

Concord, North Carolina

This project was designed by the Wilmington District of the U.S. Army Corps of Engineers. The initials or signatures and registration designations of individuals appear on these project documents within the scope of their employment as required by ER 1110-1-8152.

Specifications

FOUO

June 2019

IFB No. W912PM19B0012

Concor d St r eams Rest or at i on St r i cker Br anch W912PM19B0012 Concor d, Nor t h Car ol i na

PROJECT TABLE OF CONTENTS

DI VI SI ON 00 - PROCUREMENT AND CONTRACTI NG REQUI REMENTS

St andar d For m 1442 00 10 00 Solicitation 00 21 13 I nst r uct i ons t o Bi dder s 00 45 00 Repr esent at i ons and Cer t i f i cat i ons 00 70 00 Condi t i ons of t he Cont r act 00 73 00 Suppl ement ar y Condi t i ons

00 01 15 LI ST OF DRAWI NGS

DI VI SI ON 01 - GENERAL REQUI REMENTS

01 10 00. 10 SUPPLEMENTARY SPECI AL CONTRACT REQUI REMENTS

01 33 00 SUBMI TTAL PROCEDURES

01 35 26 GOVERNMENTAL SAFETY REQUI REMENTS

01 42 00 SOURCES FOR REFERENCE PUBLI CATI ONS

01 45 00. 00 10 QUALI TY CONTROL

01 45 00. 15 10 RESI DENT MANAGEMENT SYSTEM CONTRACTOR MODE( RMS CM)

01 50 00 TEMPORARY CONSTRUCTI ON FACI LI TI ES AND CONTROLS

01 57 19 TEMPORARY ENVI RONMENTAL CONTROLS

DI VI SI ON 03 - CONCRETE

03 30 53 MI SCELLANEOUS CAST- I N- PLACE CONCRETE

DI VI SI ON 31 - EARTHWORK

31 00 00 EARTHWORK

31 05 22 GEOTEXTI LES USED AS FI LTERS

31 11 00 CLEARI NG AND GRUBBI NG

31 32 11 SOI L SURFACE EROSI ON CONTROL

31 32 39. 00 38 I N- STREAM STRUCTURES

DI VI SI ON 32 - EXTERI OR I MPROVEMENTS

32 11 23 AGGREGATE BASE COURSES

32 16 13 CONCRETE SI DEWALKS AND CURBS AND GUTTERS

32 22 13 STONE PROTECTI ON

32 92 19 SEEDING

32 93 00 EXTERI OR PLANTS

DI VI SI ON 33 - UTI LI TI ES

33 40 00 STORM DRAI NAGE UTI LI TI ES

APPENDI X A - GEOTECHNI CAL REPORT

- - End of Pr oj ect Tabl e of Cont ent s - -

PROJECT TABLE OF CONTENTS Page 1

SOLICITATION NUMBER W912PM19B0012, CONCORD STREAMS RESTORATION PROJECT, CABARRUS COUNTY, NORTH CAROLINA.

IN ACCORDANCE WITH FAR 36.204, THE MAGNITUDE OF CONSTRUCTION FOR THIS PROJECT IS BETWEEN $1,000,000.00 AND $5,000,000.00.

---THIS IS A 100% TOTAL SMALL BUSINESS SET ASIDE---

NOTICE: RETURN SECTION 00 45 00, REPRESENTATIONS AND CERTIFICATIONS WITH BID. IF BID IS HAND- CARRIED, DELIVER TO 69 DARLINGTONAVENUE, WILMINGTON, NC 28403, ATTN: KARRI MARES, CONTRACT SPECIALIST (910) 251-4863, PRIOR TO THE TIME AND DATE SPECIFIED BELOW FOR THE BID OPENING. DUE TO HEIGHTENED SECURITY CONDITIONS, ACCESS TO THE BUILDING IS CONTROLLED BY SECURITY PERSONNEL. PERSONS HAND-DELIVERING BIDS SHOULD TAKE CARE TO ALLOW SUFFICIENT TIME TO PERMIT COMPLETION OF SECURITY REQUIREMENTS AND DELIVERY OF THE BID TO THE DESIGNATED OFFICE PRIOR TO THE TIME SET FOR RECEIPT OF BIDS.

VERBAL AND WRITTEN REQUESTS FOR INFORMATION MUST BE DIRECTED TO THE PERSON LISTED IN ITEM 9 ABOVE. INQUIRIES AND REQUESTS THAT ARE DIRECTED TO ANY OTHER PERSON MAY BE RELAYED TO THE PROPER PERSON AND THEREFORE MAY NOT BE

ANSWERED. SOLICITATION/TECHNICAL INQUIRIES VIA PROJNET IN SECTION 0021 13.

X

KARRI L MARES 910-251-4863

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS

NEGOTIATED

18-Jun-2019

(RFP)

(IFB)

CALL:

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______10 calendar days and complete it w ithin ________370 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________00 73 00

12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________17 Jul 2019 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee X is, is not required.

C. All offers are subject to the (1) w ork requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than _______60 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

4. CONTRACT NO.

7. ISSUED BY CODE

U S ARMY CORPS OF ENGINEERS, WILMINGTON

WILMINGTON DISTRICT

ATTN: CONTRACTING DIVISION

69 DARLINGTON AVE

WILMINGTON NC 28403-1343

W912PM

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

02:00 PM (hour) Sealed envelopes containing offers

5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.

8. ADDRESS OFFER TO (If Other Than Item 7)

910-251-4454FAX:TEL: 910-251-4700 TEL: FAX:

W912PM19B0012 55

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

SOLICITATION, OFFER, AND AWARD (Continued) (Construction, Alteration, or Repair)

CODE FACILITY CODE

17. The offeror agrees to perform the w ork required at the prices specif ied below in strict accordance w ith the terms of this solicitation, if this offer is accepted by the Government in w riting w ithin ________ calendar days after the date offers are due.

the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS SEE SCHEDULE OF PRICES

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

CODE27. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY

(Include ZIP Code)14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NO. (Include area code)

See Item 14

(Include only if different than Item 14)16. REMITTANCE ADDRESS

30B. SIGNATURE

29. AWARD (Contractor is not required to sign this document.)

document and return _______ copies to issuing office.) Contractor agrees Your of f er on this solicitation, is hereby accepted as to the items listed. This award con-to f urnish and deliv er all items or perf orm all work, requisitions identif ied summates the contract, which consists of (a) the Gov ernment solicitation and on this f orm and any continuation sheets f or the consideration stated in this y our of f er, and (b) this contract award. No f urther contractual document is contract. The rights and obligations of the parties to this contract shall be necessary .

gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certif ications, and specif ications or incorporated by ref er-ence in or attached to this contract.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)

30C. DATE

(Type or print)

TEL: EMAIL:

31B. UNITED STATES OF AMERICA 31C. AWARD DATE

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

Section 00 10 00 - Solicitation

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Mobilization & Demobilization

FOB: Destination

NET AMT

0002 1 Job Clearing and Grubbing

0003 8,350 Cubic

Yard

Embankment in Place

0004 11,375 Cubic

Common Excavation

0005 900 Net Ton

(2,000

LB).

NCDOT Class 1 Rip Rap (tons)

0006 64 Net Ton

(2,000

LB).

NCDOT Class 2 Rip Rap

0007 10 Square

Concrete Driveway Apron

0008 15 Linear

Foot

Concrete Curb and Gutter

0009 6 Linear

18" RCP

0010 18 Linear

18" HDPE Pipe

0011 62 Linear

30" HDPE Pipe

0012 54 Linear

6" PVC (Schedule 40 Non-Perforated)

0013 2 Each 4' x 4' Concrete Control Structure (Open Thrt Ctch Bsn)

0014 1 Each Water Quality Outlet Structure

0015 350 Each 8" Aggregate Base Course

0016 13 Each Cross Vanes

0017 20 Each J-Hook Vanes

0018 11 Each Constructed Riffles

0019 58 Each Root Wad

0020 1 Each Rock Sill

0021 9 Each Stream Channel Block

0022 11,000 Square

Coir Fiber Matting

0023 7,415 Each Live Stakes

0024 1 Acre Seeding

0025 1 Job Plantings, Complete

0026 1 Job Performance and Payment Bonds

TOTALS

Total for CLINS 0001 – 0026 $__________________________________

NOTICE TO BIDDERS

PLEASE BE SURE TO INCLUDE UNIT PRICES ROUNDED TO TWO (2) DECIMAL PLACES.

Section 00 21 13 - Instructions to Bidders

PROJNET

Solicitation/Technical Inquiries via ProjNet

1. Solicitation/ Technical Inqui ri es.

• Inquiries are tobe submitted via Bidder Inquiry at the ProjNet website at https://www.projnet .org.

• If you havetechnicalproblems accessingthe Bidder Inquiry via the ProjNet website, contact the ProjNet Help Desk at 1-800-428-4357 (HELP). This number is for technical issues accessingthe website ONLY.

2. Read this paragraph in conjunctionwith contractprovision FAR 52.214-6, “Explanation to Prospective Bidders”.

3. Any prospective bidder/offeror desiring anexplanation or interpretation of thesolicitation, drawings specifications, etc., mustrequest it in writing via Bidder Inquiry in ProjNet within no less thanten (10) calendar days prior to the date of bid openingor receiptof proposals. The Government reserves theright to decline addressingquestions received less than ten (10) calendar days prior to receipt of bid opening or receipt of proposals.

4. No Inquiries will be acceptedby the Bidder Inquiry systemwithin ten (10) calendar days prior to the date of bid opening. However, you maystill access the Bidder Inquiry systemto view answers/replies to previous inquiries until the bid opening.

5. ProjNet - Bidder Inquiry module.

• To submit andreview bid inquiry items, bidders/offerors will need to be a current registereduser or self-register into system. To accessBidder Inquiry, go tothe ProjNet web page at http://www.projnet.org and click the “Quick Add” link. Once at the Quick Addscreen, select agency USACE, enter Bidder Inquiry Key for this solicitation listed below, andbidder’s/offeror’s e-mail address, thenclick login. If this is bidder’s/offeror’s first time logging in they will be taken to the Bidder Inquiry Create Account screen to self-register. Fill in all required information and click create user. Verify that information on next screen is correct and click continue. Please remember your Secret Question Answer andemailaddressused for future access tothis website.

• From this page youmay view all bidder/offeror inquiries under Reports or posta new inquiry under Submit.

• Bidders/Offerors will receive anacknowledgement of their questionvia email, followed by another email notification thatan answer to their questionhas been postedafter it has been reviewed by our technicalteamand responded tobya Contracting Officer. It is the responsibility of the Bidder/Offeror to checktheir junkemailand emaildelivery options toensure delivery of these acknowledgement emails.

• Bidders/Offerors are responsible for checking bid inquiry items.

• Bidders/Offerors are requested toreview the specification in its entirety, review the Bidder

Inquiry Systemfor answers to questions prior to submission of a new inquiry. The name of the submitter or firm is not published for thepublic on the report of all Bidder Inquiries. Bidders/ Offerors are on notice of, andassumed to beaware of, all inquiries, responses, and information posted in the Bidder Inquiry Systemup to the date of bid submission, whether the inquiry was generatedby the Bidder themselves or another potential Bidder/ Offeror. Bidders are responsible for incorporating all such information into their bid, or for requesting further clarification."

6. Solicitation Information: W912PM19B0012

Bidder Inquiry Key: 8R8USD-RG6VAS

EVALUATION CRITERIA

DEFINITIVE RESPONSIBILITY CRITERIA

1. DEFINITIVE RESPONSIBILITY CRITERIA: In accordance with FAR 9.104, the Contracting Officer will determine responsibility based on the standards defined therein. In addition, the Contracting Officer's responsibility determination also will based on the following Definitive Responsibility http://www.projnet.org/ http://www.projnet.org/

Criteria:

PREVIOUS EXPERIENCE: To demonstrate previous experience bidders must submit at least three (3) projects for each item a, b, and c below. Projects, either contractor or subcontractor, submitted must have been completed within the last five (5) years or are over 75% physically complete by the solicitation due date. Page Limitations:

Previous Experience – Limited to a maximum of 20 pages on 8 ½ x 11 size pages in no less than a 10 pitch or 10 font.

a) The bidders must include stream restoration projects with stream channel relocation, pools and riffles, by-pass pumping and dewatering operations. Projects must include a minimum of 1500 linear feet of stream channel relocation, a minimum of 10 pools and riffles constructed as part of a stream restoration project, and method for by-pass pumping and dewatering operations.

b) The construction of in-stream structures to include at least rock cross vane structures, rock J-Hook structures, root wad structures.

c) Stream bank re-vegetation and plantings such as live stakes, bare roots, and other stream vegetation plantings within zones adjacent to a stream.

d) Demonstrate construction of Best Management Practices (BMPs) structures. The Contractor must provide three (3) projects with at least 2 wetland system (BMP) and 2 dry pond system (BMP) facilities constructed such as stormwater wetland system and stormwater dry pond system and must list the environmental material type placed.

ALL DOCUMENTATION OF CONTRACTOR REPSPONSIBILITY MUST BE PROVIDED PRIOR TO

CONTRACT AWARD.

2. Furthermore, in accordance with FAR Part 9.1, prior to awarding a contract, the Government will conduct a Responsibility Determination of the firm selected for award. To be determined responsible, a prospective contractor must –

a) Have adequate financial resources to perform the contract, or the ability to obtain them;

b) Be able to comply with the required or proposed delivery or performance schedule, taking into consideration all existing commercial and governmental business commitments;

c) Have a satisfactory performance record. A prospective contractor shall not be determined responsible or nonresponsible solely on the basis of a lack of relevant performance history;

d) Have a satisfactory record of integrity and business ethics; and operational controls, and technical skills, or the ability to obtain them (including, as appropriate, such elements as production control procedures, property control systems, quality assurance measures, and safety programs applicable to materials to be produced or services to be performed by the prospective contractor and subcontractors);

f) Have the necessary production, construction, and technical equipment and facilities, or the ability to obtain them; and

g) Be otherwise qualified and eligible to receive an award under applicable laws and regulations.

3. Each Bidder shall, upon request of the Contracting Officer, furnish information on any or all of the above areas so that the Contracting Officer can make an affirmative determination of responsibility or nonresponsibility.

4. Should the apparent low bidder fail to submit sufficient documentation in accordance with the pertinent responsibility criteria, in particular the Definitive Responsibility Criteria, that permits the Contracting Officer to make an affirmative responsibility determination, the bidder may be ineligible for award.

(end of section)

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2016 52.214-3 Amendments To Invitations For Bids DEC 2016 52.214-4 False Statements In Bids APR 1984 52.214-5 Submission Of Bids DEC 2016 52.214-6 Explanation To Prospective Bidders APR 1984 52.214-7 Late Submissions, Modifications, and Withdrawals of Bids NOV 1999 52.214-14 Place Of Performance--Sealed Bidding APR 1985 52.214-18 Preparation of Bids-Construction APR 1984 52.214-19 Contract Award-Sealed Bidding-Construction AUG 1996 52.214-26 Audit and Records--Sealed Bidding OCT 2010 52.214-34 Submission Of Offers In The English Language APR 1991 52.214-35 Submission Of Offers In U.S. Currency APR 1991 52.225-25 Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran-- Representation and Certifications.

AUG 2018

52.232-18 Availability Of Funds APR 1984

CLAUSES INCORPORATED BY FULL TEXT

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a FIRM-FIXED PRICE contract resulting from this solicitation.

(End of provision)

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.

52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from ______________________. (Contracting Officer designate the official or location where a protest may be served on the Contracting Officer.)

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

http://farsite.hill.af.mil/ http://farsite.hill.af.mil/vmdfara.htm http://farsite.hill.af.mil/vmafara.htm

HAND CARRIED BIDS

HAND CARRIED PROPOSALS

1. If bids/proposals are handcarried, deliver them to the U. S. Army Corps of Engineers, Wilmington District, Attn: Contracting, 69 Darlington Avenue, Wilmington, North Carolina, 28403. All bids/proposals must be received in the Contracting Office not later than the exact time specified for bid opening or time specified for receipt of proposals.

7. Due to security measures at the Wilmington District Office, you should allow sufficient time for delivery of the bid/proposal to ensure it is received timely.

(End)

DISCLOSURE OF MAGNITUDE

Disclosure of Magnitude of Construction (FAR 36.204 and DFARS 236.204) The estimated price range for this project is between $1,000,000 and $5,000,000.

Information to all Contractors System for Award Management (SAM) and Electronic Funds Transfer (EFT)

8. All contractors must register in the System for Award Management (SAM) database before they can be awarded a contract. You may register at http://www.sam.gov. SAM information or help is also available by calling 866-606-8220.

9. Public Law 104-134 requires the use of Electronic Funds Transfer (EFT) for all Federal payments.

EFT information will be pulled from your SAM by the USACE FINANCE CENTER, 5720 INTEGRITY DRIVE, MILLINGTON, TN 38054-5005 for contractor payments.

Pre-Award Information

(b) Contracts shall be awarded to responsible prospective contractors only. Before award, to be determined responsible, a prospective contractor must:

• Have adequate financial resources to perform the contract, or the ability to obtain them;

• Be able to comply with the required or proposed delivery or performance schedule, taking into consideration all existing commercial and government business commitments;

• Have a satisfactory performance record;

• Have a satisfactory record of integrity and business ethics;

e. Have the necessary organization, experience, accounting and operational controls, and technical http://www.sam.gov/ skills, or the ability to obtain them;

(1) Have the necessary production, construction, and technical equipment and facilities, or the ability to obtain them; and

(2) Be otherwise qualified and eligible to receive an award under applicable laws and regulations.

2. Each Bidder shall, upon request of the Contracting Officer, furnish information on any or all of the above areas so that the Contracting Officer can make an affirmative determination of responsibility or nonresponsibility.

(End of Paragraph)

Section 00 45 00 - Representations and Certifications

OFFER ID AND CORPORATE CERT.

OFFEROR IDENTIFICATION

Offeror is requested to furnish the following information:

Name/Address:

Telephone No. _____________________________________________

DUNS: _____________________________________________

CAGE: _____________________________________________

(END)

CORPORATE CERTIFICATE

The offeror shall execute and affix seal on attached Corporate Certificate if the company is incorporated. Company name on the seal should always be the same as company name on Page A-1 of the solicitation. If a proposal is signed by an officer of the company, the certificate shall be certified by another officer of the company. If the proposal is signed by someone other than an officer of the company, the proposalmust be accompanied by: (1) a Corporate Resolution that individualsigning the contract has authority to bind the company; or (2) a Corporate Resolution stating that an officer of the company may appoint individuals to sign proposals and bind the company. NOTE:

Contractor, if a corporation, should cause the following certificate to be executed under its corporate seal, provided that the same officer shall not execute both the contract and the certificate.

CERTIFICATE

I, ______________________________________________________, certify that I am

___________________________________________________ of the corporation named Contractor herein, that

__________________________________________________ signed this contract on behalf of the Contractor, was then _________________________________________________, of said corporation; that said contract was duly signed for and in of said corporation by authority of its governing body, and is within the scope of its corporate powers.

______________________________________(CORPORATE SEAL)

(Signature)

(END)

TAXPAYER IDENTIFICATION

Taxpayer Identification Number (TIN),” as used in this provision, means the number required by the Internal Revenue Service (IRS) to be used by the offeror in reporting income tax and other returns. The TIN may be either a Social Security Number or an Employer Identification Number.

10. Taxpayer Identification Number (TIN).

TIN:.

TIN has been applied for.

TIN is not required because:

Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States;

Offeror is an agency or instrumentality of a foreign government;

Offeror is an agency or instrumentality of the Federal Government.

11. Type of organization.

Sole proprietorship;

Partnership;

Corporate entity (not tax-exempt);

Corporate entity (tax-exempt);

Government entity (Federal, State, or local);

Foreign government;

International organization per 26 CFR 1.6049-4;

Other

(c) Common parent.

Offeror is not owned or controlled by a common parent Name and TIN of common parent:

Name TIN

52.203-11 Certification And Disclosure Regarding Payments To

Influence Certain Federal Transactions

SEP 2007

52.204-19 Incorporation by Reference of Representations and Certifications.

DEC 2014

52.225-10 Notice of Buy American Requirement--Construction Materials

MAY 2014

52.228-1 Bid Guarantee SEP 1996 52.233-2 Service Of Protest SEP 2006

252.203-7005 Representation Relating to Compensation of Former DoD Officials

NOV 2011

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2018)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 237990.

(2) The small business size standard is $36,500,000.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

(XX) Paragraph (d) applies.

( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.209-2; Prohibition on Contracting with Inverted Domestic Corporations--Representation.

(vii) 52.209-5; Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(viii) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(ix) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(x) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xi) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(xii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xiii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xiv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xvi) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xvii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.

(xviii) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.)

(xix) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xx) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $80,317, the provision with its Alternate II applies.

(D) If the acquisition value is $80,317 or more but is less than $100,000, the provision with its Alternate III applies.

(xxi) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225- 5.

(xxii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.

(xxiii) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.

(xxiv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

XX (i) 52.204-17, Ownership or Control of Offeror.

XX (ii) 52.204-20, Predecessor of Offeror.

(iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

(iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.

(v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.

(vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA- Designated Products (Alternate I only).

(vii) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

(viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies https://www.acquisition.gov/ by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

52.204-20 Predecessor of Offeror (JUL 2016)

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

Commercial and Government Entity (CAGE) code means--

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity;

or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

(b) The Offeror represents that it [____] is or [____] is not a successor to a predecessor that held a Federal contract or grant within the last three years.

(c) If the Offeror has indicated “is” in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):

Predecessor CAGE code: ____ (or mark “Unknown”).

Predecessor legal name: ____.

(Do not use a “doing business as” name).

52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS--

REPRESENTATION (NOV 2015)

(a) Definitions. Inverted domestic corporation and subsidiary have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10).

(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.

(c) Representation. The Offeror represents that--

(1) It [ ___ ] is, [ ___ ] is not an inverted domestic corporation; and

(2) It [ ___ ] is, [ ___ ] is not a subsidiary of an inverted domestic corporation.

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-

(i) The Offeror and/or any of its Principals-

(A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and

(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.;

and

(D) Have , have not , within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager;

head of a division or business segment; and similar positions).

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JULY 2013)

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means--

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in--

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7).

https://www.acquisition.gov/

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A

FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that--

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (OCT 2014)

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business concern eligible under the WOSB Program.

Service-disabled veteran-owned small business concern--

(1) Means a small business concern--

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

Small business concern 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 criteria in 13 CFR Part 121 and the size standard in paragraph (b) of this provision.

Small disadvantaged business concern, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States, and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking…