W912QR20B0023Specs_Vol1-0000.pdf
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- Panama City ARC Addition
- Solicitation number
- W912QR20B0023
About this file
This solicitation is for the construction of an addition to the Panama City Army Reserve Center located in Panama City, Florida. The estimated cost of the project is between $1,000,000 to $5,000,000. The project is set aside entirely for small businesses. Bids are due no later than August 31, 2020. The work includes building a 5,032 square foot training building addition and a new organizational storage building. It will also involve related site work and utility connections. Technical inquiries must be submitted through the ProjNet bidder inquiry system. The Army Corps of Engineers is the contracting agency.
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Other files
| File | Type | Posted |
|---|---|---|
| Bid Abstract.docx | DOCX document | |
| W912QR20B0023Specs-0002.pdf | ||
| W912QR20B0023Plans-0002.pdf | ||
| W912QR20B0023Plans-0001.pdf | ||
| Sign In Reserves.pdf | ||
| W912QR20B0023Specs-0001.pdf | ||
| W912QR20B0023Plans-0000.pdf | ||
| W912QR20B0023Specs_Vol2-0000.pdf |
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Text version
Solicitation For Emergency (Hurricane Damage) Relocation, Panama City ARC - FL154 Panama City, FL
P2: 486099
Design-Bid-Build
Specifications Volume 1 of 2 Certified Final Submittal
31 July 2020
W912QR20B0023
ARIMS: 200A
Disposition: Maintain for 15yrs after construction
W912QR20B0023-0000
Panama City ARC Addition
Estimated Construction Cost Range is betw een $1,000,000 and $5,000,000.
NAICS Code 236220 Size Determination $39.5 Million
BID MODIFICATIONS RECEIVED BY FASCIMILE WILL NOT BE CONSIDERED.
This project is 100% set-aside for Small Business
Funds are not presently available for this acquisition. No contract aw ard w ill be made until appropriated funds are made available.
Site visit information for this project is available in FAR Clause 52.236-27 ALT I.
Central Contractor Registration and ORCA are now available through the System for Aw ard Management (SAM), available at w w w .sam.gov.
Offerors must comply w ith the requirements of 52.204-7 and any other CCR/ORCA requirements in this solicitation through SAM. PLEASE NOTE: SAM is completely free of charge for both registrants and users.
Technical Inquiries and questions relating to the proposal procedures or bonds are to be submitted via Bidder Inquiry in ProjNet at:
http://projnet.org/projnet. Please see Section 002100, Bidder Inquiry for further instructions.
X
ADAM WANTLAND 502.315.6197
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
31-Jul-2020
(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 ________540 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________FAR 51.211-10
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 ______________31 Aug 2020 (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 of fers 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 _______90 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 ENGINEER DISTRICT, LOUISVILLE
600 DR. MARTIN LUTHER KING, JR. PLACE
ROOM 821
LOUISVILLE KY 40202-2239
W912QR
PAGE OF PAGES
1 OF
CODE
(Title, identifying no., date):
12B. CALENDAR DAYS
12:00 PM (hour)
Sealed envelopes containing offers
5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.
8. ADDRESS OFFER TO (If Other Than Item 7)
502.315.6195 OR 6193FAX:TEL: 502.315.6172 TEL: FAX:
W912QR20B0023 48
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
W912QR20B0023
Section 00 10 00 - Solicitation
PRICE BREAKOUT SCHEDULE
PROJECT: EMERGENCY (HURRICANE DAMAGE) RELOCATION
PANAMA CITY ARMY RESERVE CENTER
LOCATION: PANAMA CITY, FLORIDA
PROPOSER’S NAME:
Item Description Unit Amount
BASE BID
0001 Primary Facilities Job $ -
0002 Supporting Facilities Job $ -
Total Base Bid $ -
OPTIONS
0003 Option 1 – Roof Drains (Addition) Job $ -
0004 Option 2 – Roof Drains (Existing) Job $ -
0005 Option 3 - ACFT Track and Pull-up Bars Job $ -
0006 Option 4 – CFCI OMAR Funded Items Job $ -
0007 Option 5 – CFCI “Bona Fide Need” OMAR Funded Items Job $ -
Total All Options $ -
Total Base Bid with All Options $ -
GENERAL:
This section comprises an explanation of the line items identified in the Price Breakout Schedule. This section is a general scope of work for the line items described in the Price Breakout Schedule and is not intended to be all encompassing in the description. All work specified herein shall be accomplished in accordance with the procedures prescribed in the technical provisions of the specifications and the plans/details as shown on the contract drawings. The contractor shall propose for each type of work under the applicable line item. Any item of work described in the contract but not listed in the bid schedule shall be included in the item of work to which it is made subsidiary.
BASE PROPOSAL ITEM DESCRIPTIONS
Item No. 0001 “Primary Facilities” includes the demolition and new work to construct a 5,032 square foot one-story ARC Training Building Addition to the existing 100-member Panama City Army Reserve Center (ARC) and new Organizational Storage Building, in Panama City, FL. This includes all materials, plant, tools, labor costs, and other associated incidentals necessary to complete the work required for the superstructure, exterior, roof, interior construction, finishes, plumbing, HVAC, fire protection, and electrical work shown on the approved design drawings and specifications.
Item No. 0002 “Supporting Facilities” includes the demolition and new work to provide and modify electrical service, water, sewer, gas, land clearing, general site improvements, utility connections, paving, walks, curbs, gutters, storm drainage, and site improvements to support the ARC Training Building Addition, new Organizational Storage Building, and future Arms Vault Container concrete slab and utilities, and non-organizational vehicle parking This includes all materials, plant, tools, labor costs, and other associated incidentals necessary to complete the work required for the superstructure, exterior, roof, interior construction, finishes, plumbing, HVAC, fire protection, and electrical work shown on the approved design drawings and specifications.
OPTION PROPOSAL ITEM DESCRIPTIONS
Item No. 0003 “Option 1 - Roof Drains (Addition)” includes the installation of gutters and downspouts for a complete stormwater collection system at the ARC Addition as shown on the approved design drawings and specifications.
This includes all materials, plant, tools, labor costs, and other associated incidentals necessary to complete installation of roof drain system and restoration of the grade and gravel.
***Price for this Option shall be good for 90 days from Notice to Proceed.
Item No. 0004 “Option 2 - Roof Drains (Existing)” includes the installation of gutters and downspouts for a complete stormwater collection system at the existing ARC building as shown on the approved design drawings and specifications. This includes all materials, plant, tools, labor costs, and other associated incidentals necessary to complete installation of roof drain system and restoration of the grade and gravel, and roof leader and yard drain.
***Price for this Option shall be good for 90 days from Notice to Proceed.
Item No. 0005 “Option 3 - ACFT Track and Pull-up Bars” includes the installation of a running path and pull-up bars as shown on the approved design drawings and specifications. This includes all materials, plant, tools, labor costs, and other associated incidentals necessary to complete the entire ACFT Track and Pull-Up Bar area.
***Price for this Option shall be good for 90 days from Notice to Proceed.
Item No. 0006 “Option 4 – CFCI Operation and Maintenance – Army Reserve (OMAR) Funded Items” includes all work required to furnish and install “OMAR Funded Items” for the ARC Addition. OMAR Funded Items is to be contractor provided and installed, unless otherwise noted. Contractor to review drawings and specifications to locate all OMAR Funded Items. OMAR Funded Items for this facility addition includes, but is not limited to the following:
Caging for unit storage in ARC Addition and new Organizational Storage Building ***Price for this Option shall be good for 90 days from Notice to Proceed.
Item No. 0007 “Option 5 – CFCI Bona Fide Need Operation and Maintenance – Army Reserve (OMAR) Funded Items” includes all work required to furnish and install “Bona Fide Need OMAR Funded Items” for the ARC Addition and new Organizational Storage Building. Bona Fide Need Equipment is to be contractor provided and installed, unless otherwise noted. Contractor to review drawings and specifications to locate all Bona Fide Need Equipment.
Bona Fide Need Equipment for this facility addition includes, but is not limited to the following:
Free Standing Metal Shelving in caged storage areas in ARC Addition Free Standing Shelving and palette racks in caged storage areas of new Organizational Storage Building Fire Extinguishers and Window Blinds ***Price for this Option shall be good for 360 days from Notice to Proceed.
Section 00 20 00 - Instructions for Procurement
CONTRACTOR CHECKLIST
ATTENTION BIDDERS
In preparing your bid -----
1. Have you signed the bid? Are all blank spaces filled in?
2. If signing on behalf of your company, have you attached evidence of your authority to sign the bid?
3. Have you acknowledged receipt of all amendments?
4. Have you checked your bid for possible errors? Arithmetically?
5. Have you furnished all information required by the invitation for bids and/or the specifications?
6. Are you submitting your bid on time? If mailed, will it reach the place of bid opening at the designated hour?
7. As required by the invitation for bid, have you submitted a bid bond? Is it signed? Is it in the proper amount? Is it on the proper form?
8. Have you identified on the face of the envelope containing your bid, the invitation number to which it pertains, and the date and hour of opening? See 52.214-5, Submission of Bids.
9. Have you completed the ‘Representations and Certifications’, Section 00 45 00, as part of your bid submission?
Section 00 21 00 - Instructions
PROJNET INSTRUCTIONS
OFFEROR'S QUESTIONS AND COMMENTS
Technical inquiries and questions relating to proposal procedures or bonds are to be submitted via Bidder Inquiry in ProjNet at http://www.ProjNet.org/ProjNet. As noted below, offerors shall not submit their proposals via ProjNet.
Offerors shall submit their proposals in accordance with the provisions stated in the solicitation.
To submit and review bid inquiry items, bidders will need to be a current registered user or self-register into system.
The Solicitation Number is: W912QR20B0023
The Bidder Inquiry Key is: 4MG97Y-YE3TQB
Specific Instructions for ProjNet Bid Inquiry Access:
1. From the ProjNet home page linked above, click on Quick Add on the upper right side of the screen.
2. Identify the Agency. This should be marked as USACE.
3. Key. Enter the Bidder Inquiry Key listed above.
4. Email. Enter the email address you would like to use for communication.
5. Select Continue. A page will then open stating a user account was not found and will ask you to create one using the provided form.
6. Enter your First Name, Last Name, Company, City, State, Phone, Email, Secret Question, Secret Answer, and Time Zone. Make sure to remember your Secret Question and Answer as they will be used from this point on to access the ProjNet system.
7. Select Add User. Once this is completed you are now registered within ProjNet and are currently logged into the system.
Specific Instructions for Future ProjNet Bid Inquiry Access:
1. For future access to ProjNet, you will not be emailed any type of password. You will utilize your Secret Question and Secret Answer to log in.
2. From the ProjNet home page linked above, click on Quick Add on the upper right side of the screen.
3. Identify the Agency. This should be marked as USACE.
4. Key. Enter the Bidder Inquiry Key listed above.
5. Email. Enter the email address you used to register previously in ProjNet.
6. Select Continue. A page will then open asking you to enter the answer to your Secret Question.
7. Enter your Secret Answer and click Login. Once this is completed you are now logged into the system.
From this page you may view all bidder inquiries or add an inquiry.
Bidders 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.
Offerors are requested to review the specification in its entirety and to review the Bidder Inquiry System for answers to questions prior to submission of a new inquiry.
The call center operates weekdays from 8AM to 5PM U.S. Central Time Zone (Chicago). The telephone number for the Call Center is 800-428-HELP.
Information concerning the status of the evaluation and/or award will NOT be available after receipt of bids/proposals.
NOTES:
1. Offerors shall not submit their proposals via ProjNet, but in accordance with the provisions stated in the solicitation. Any questions regarding acceptable means of submitting offers shall be made directly to the
Contract Specialist identified in the solicitation.
2. Government responses to technical inquiries and questions relating to proposal procedures or bonds that are submitted to ProjNet in accordance with the procedures above are not binding on the Government unless an amendment is issued on Standard Form 30. In the case of any conflicts, the solicitation governs. Any changes or revisions to the solicitation will be made by formal amendment. Government responses will be limited to: (a) Notice that an amendment will be issued; (b) Reference to an existing requirement contained in the solicitation; or (c) Notice that a response is not necessary.
3. The ability to enter technical inquiries and questions relating to proposal procedures or bonds will be disabled five (5) business days prior to the closing date stated in the solicitation. No Government responses will be entered into the ProjNet system within three (3) business days prior to the closing date stated in the solicitation.
Bid Opening
All sealed bids must be delivered electronically per the instructions contained within this solicitation. The bid opening will be conducted telephonically via the below conference call-in number. Bids must be received by the time specified in the solicitation, otherwise they will be deemed late and unacceptable. The bid opening teleconference will begin promptly thirty (30) minutes after the bid submission time. The conference call-in number is as follows:
Conference Call-In Number: (605) 313-5111 Access Code: 131632
The Contracting Officer with assistance from the assigned Contract Specialist will download all of the bid submissions and record all of the pertinent information prior to the conference call. The bid opening teleconference will begin promptly 30 minutes after the submission time and at that time the bid opening officer will 1) read the names of the submitting contractors and their bids, and 2) read the independent government estimate. Once the information has been disseminated, the call will come to an end. The bid abstract will be posted to the beta.sam website by close of business of the day bids are opened.
Bids: ALL SUBMISSIONS TO THIS BID ANNOUNCEMENT SHALL BE SUBMITTED ELECTRONICALLY THROUGH DOD SAFE. No paper copies, CD-ROMs or facsimile submissions will be accepted. Electronic Bid Submission is required through the Army’s Electronic File Sharing Service, DOD SAFE (https://safe.apps.mil). The DOD SAFE Application is used to send large files to individuals that would normally be too large to send via email.
There are no user accounts for SAFE. Authentication is handled via email. Anyone has access to DOD SAFE, and the application is available for use by anyone. The SAFE “Getting Started Guide” has information on how to utilize the system (https://safe.apps.mil/about.php). Instructions for uploading are as follows:
1. Send an email to the Contracting Officer and Contract Specialist to receive the link to drop off your proposal. This will need to be completed five (5) business days prior to uploading your bid.
a. Adam M Wantland, Contract Specialist at adam.m.wantland@usace.army.mil
b. Emily A Moore, Contracting Officer at emily.a.moore@usace.army.mil
2. You will receive an email with the link to submit your drop-off. The link will be provided no later than two
(2) business days prior to the bid due date.
3. Short Note to the Recipients: Click the Add Files or Drag and Drop your files. For file description, enter
W912QR20B0023-FIRMNAME.
4. Click Upload button to send documents.
Guest users will need to check their email to verify their email address before the recipients will be notified.
CLAUSES INCORPORATED BY REFERENCE
52.204-7 System for Award Management OCT 2018 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 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 52.214-18 Preparation of Bids-Construction APR 1984 52.214-19 Contract Award-Sealed Bidding-Construction AUG 1996 52.214-34 Submission Of Offers In The English Language APR 1991 52.214-35 Submission Of Offers In U.S. Currency APR 1991 52.217-5 Evaluation Of Options JUL 1990
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.
52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT--CONSTRUCTION MATERIALS (MAY 2014)
(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American --Construction Materials” (Federal Acquisition Regulation (FAR) clause 52.225-9).
(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.
(c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.
(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.
(d) Alternate offers.
(1) When an offer includes foreign construction material not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.
(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.
(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested--
(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or
(ii) May be accepted if revised during negotiations.
52.228-1 BID GUARANTEE (SEP 1996)
(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.
(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States.
The Contracting Officer will return bid guarantees, other than bid bonds, (1) to unsuccessful bidders as soon as practicable after the opening of bids, and (2) to the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.-
(c) The amount of the bid guarantee shall be 20% percent of the bid price or $3,000,000.00, whichever is less.-
(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.-
(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.
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 U.S. Army Corps of Engineers CELRL, Emily Moore Room 821, 600 Dr. Martin Luther King, Jr. Place, Louisvile, KY 40202
(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.
52.236-27 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) An organized site visit has been scheduled for-- August 6, 2020 at 0800 to 1200 Central Time
(c) Participants will meet at-- 1LT Samantha Shipman
12506 HWY 77
Panama City, FL 32409 samantha.c.shipman.mil@mail.mil
(910) 771-5221 (office)
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):
The full text of FAR clauses and provisions can be found at:
https://www.acquisition.gov/
The full text of DFARS clauses and provisions can be found at:
https://www.acq.osd.mil/dpap/
252.204-7008 COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE INFORMATION CONTROLS
(OCT 2016)
(a) Definitions. As used in this provision--
Controlled technical information, covered contractor information system, covered defense information, cyber incident, information system, and technical information are defined in clause 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting.
(b) The security requirements required by contract clause 252.204-7012 shall be implemented for all covered defense information on all covered contractor information systems that support the performance of this contract.
(c) For covered contractor information systems that are not part of an information technology service or system operated on behalf of the Government (see 252.204-7012(b)(2))--
(1) By submission of this offer, the Offeror represents that it will implement the security requirements specified by National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171, ``Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations'' (see http://dx.doi.org/10.6028/NIST.SP.800-171) that are in effect at the time the solicitation is issued or as authorized by the contracting officer not later than December 31, 2017.
(2)(i) If the Offeror proposes to vary from any of the security requirements specified by NIST SP 800-171 that are in effect at the time the solicitation is issued or as authorized by the Contracting Officer, the Offeror shall submit to the Contracting Officer, for consideration by the DoD Chief Information Officer (CIO), a written explanation of—
(A) Why a particular security requirement is not applicable; or
(B) How an alternative but equally effective, security measure is used to compensate for the inability to satisfy a particular requirement and achieve equivalent protection.
(ii) An authorized representative of the DoD CIO will adjudicate offeror requests to vary from NIST SP 800-171 requirements in writing prior to contract award. Any accepted variance from NIST SP 800-171 shall be incorporated into the resulting contract.
Section 00 45 00 - Representations and Certifications
REPS AND CERTS
REPS AND CERTS
REPRESENTATIONS & CERTIFICATIONS
COMPANY NAME AND ADDRESS: _______________________________________
PHONE NUMBER ________________ FAX NUMBER ________________
EMAIL ADDRESS ______________________________________________________
BUSINESS SIZE (select one) Large Business _____ Small Business_____ HUBZone Business_____ 8A _____ Woman-Owned ____ Service-Disabled Veteran-Owned ____ Contractor is registered with SAM: _____ YES _____ NO (See FAR 52.204-7)
TAX ID # ______________________
INDICATE Unique Entity Identifier (previously DUNS NUMBER) ___________________ CAGE NO. _________ (Note: Unique Entity Identifier (FAR 52.204-7) is a 9 digit numeric code.)
52.203-19 Prohibition on Requiring Certain Internal Confidentiality
Agreements or Statements
JAN 2017
52.204-19 Incorporation by Reference of Representations and Certifications.
DEC 2014
252.203-7005 Representation Relating to Compensation of Former DoD Officials
NOV 2011
252.225-7974 (Dev) Representation Regarding Business Operations with the Maduro Regime (DEVIATION 2020-O0005)
FEB 2020
52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2020)
(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 236220.
(2) The small business size standard is $39,500,000.
(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, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:
( ) Paragraph (d) applies.
( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.
(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:
(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—
(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;
(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or
(C) The solicitation is for utility services for which rates are set by law or regulation.
(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.
(iii) 52.203-18, 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) 52.204-26, Covered Telecommunications Equipment or Services--Representation. This provision applies to all solicitations.
(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations--Representation.
(viii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.
(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.
(x) 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.
(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.
(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). 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.
(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.
(xiii) 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.
(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.
(xv) 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.
(xvi) 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.
(xvii) 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.
(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.
(xix) 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.)
(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.
(xxi) 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 $83,099, the provision with its Alternate II applies.
(D) If the acquisition value is $83,099 or more but is less than $100,000, the provision with its Alternate III applies.
(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.
(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.
(xxiv) 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.
(xxv) 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:
X (i) 52.204-17, Ownership or Control of Offeror.
X (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 in SAM accessed through https://www.sam.gov. After reviewing the SAM information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in 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.
52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)
(a) Definitions. As used in this provision--
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, which can be accessed via https://www.sam.gov (see 52.204-7).
52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS--CERTIFICATION (JUN 2018)
(a) This provision does not apply to acquisitions below the simplified acquisition threshold or to acquisitions of commercial items as defined at FAR 2.101.
(b) Certification. [Offeror shall check either (1) or (2).]
____ (1) The Offeror certifies that--
(i) It does not engage and has not engaged in any activity that contributed to or was a significant factor in the President's or Secretary of State's determination that a foreign country is in violation of its obligations undertaken in any arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. The determinations are described in the most recent unclassified annual report provided to Congress pursuant to section 403 of the Arms Control and Disarmament Act (22 U.S.C. 2593a). The report is available via the internet at https://www.state.gov/t/avc/rls/rpt/; and
(ii) No entity owned or controlled by the Offeror has engaged in any activity that contributed to or was a significant factor in the President's or Secretary of State's determination that a foreign country is in violation of its obligations undertaken in any arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. The determinations are described in the most recent unclassified annual report provided to Congress pursuant to section 403 of the Arms Control and Disarmament Act (22 U.S.C. 2593a). The report is available via the internet at https://www.state.gov/t/avc/rls/rpt/; or
____ (2) The Offeror is providing separate information with its offer in accordance with paragraph (d)(2) of this provision.
(c) Procedures for reviewing the annual unclassified report (see paragraph (b)(1) of this provision). For clarity, references to the report in this section refer to the entirety of the annual unclassified report, including any separate reports that are incorporated by reference into the annual unclassified report.
(1) Check the table of contents of the annual unclassified report and the country section headings of the reports incorporated by reference to identify the foreign countries listed there. Determine whether the Offeror or any person owned or controlled by the Offeror may have engaged in any activity related to one or more of such foreign countries.
(2) If there may have been such activity, review all findings in the report associated with those foreign countries to determine whether or not each such foreign country was determined to be in violation of its obligations undertaken in an arms control, nonproliferation, or disarmament agreement to which the United States is a party, or to be not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. For clarity, in the annual report an explicit certification of non-compliance is equivalent to a determination of violation. However, the following statements in the annual report are not equivalent to a determination of violation:
(i) An inability to certify compliance.
(ii) An inability to conclude compliance.
(iii) A statement about compliance concerns.
(3) If so, determine whether the Offeror or any person owned or controlled by the Offeror has engaged in any activity that contributed to or is a significant factor in the determination in the report that one or more of these foreign countries is in violation of its obligations undertaken in an arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. Review the narrative for any such findings reflecting a determination of violation or non-adherence related to those foreign countries in the report, including the finding itself, and to the extent necessary, the conduct giving rise to the compliance or adherence concerns, the analysis of compliance or adherence concerns, and efforts to resolve compliance or adherence concerns.
(4) The Offeror may submit any questions with regard to this report by email to NDAA1290Cert@state.gov. To the extent feasible, the Department of State will respond to such email inquiries within 3 business days.
(d) Do not submit an offer unless--
(1) A certification is provided in paragraph (b)(1) of this provision and submitted with the offer; or
(2) In accordance with paragraph (b)(2) of this provision, the Offeror provides with its offer information that the President of the United States has--
(i) Waived application under U.S.C. 2593e(d) or (e); or
(ii) Determined under 22 U.S.C. 2593e(g)(2) that the entity has ceased all activities for which measures were imposed under 22 U.S.C.2593e(b).
(e) Remedies. The certification in paragraph (b)(1) 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 submitted a false certification, in addition to other remedies available to the Government, such as suspension or debarment, the Contracting Officer may terminate any contract resulting from the false certification.
52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (MAY 2020)
(a) Definitions. As used in this clause--
Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.
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 (d) of this clause.
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