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W22W9K00599259
This Request for Quote (RFQ) is to provide all labor, material and equipment necessary for Stilling Basin Repair at Caesar Creek Lake in Waynesville, Ohio.
One aw ard w ill be made from this solicitation.
NAICS code 238110. Size determination: $16,500,000
Estimated Construction cost is betw een $25,000 and $100,000.
This project is set-aside 100% for Small Business.
Please note that business size in SAM is determinated by the NAICS code. If the vendor size is not listed correctly for a particular NAICS code in SAM, the business w ill be considered other than a small business. This procurement is set-aside 100% for Small Business and w ill be aw arded based on low price.
Central Contractor Registration and ORCA are now available through the System for Aw ard Management (SAM), available at w w w .sam.gov.
Performance and Payment bonds w ill be required.
Offerors must comply w ith the requirements of 52.232-33, and any other CCR/ORCA requirements in this solicitation through SAM.
PLEASE NOTE -SAM is completely free of charge for both registrants and users.
LOGAN D BARRETT 502.315.6872
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
09-Apr-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 ________120 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________
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 ______________30 Apr 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 is, X 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 _______30 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
10:00 AM (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:
W912QR20Q0056 72
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
W912QR20Q0056
Section 00 10 00 - Solicitation
PRICE BREAKOUT SCHEDULE
PROJECT: Caesar Creek Lake Stilling Basin Concrete, Waynesville Ohio
CLIN Description Unit of Measure
Total
CLIN
The contractor shall provide all labor, materials, supplies, tools and equipment necessary to remove and replace concrete in strict accordance with attached scope of work. Remove damaged concrete and replace with new 6 inch and 12 inch thick concrete. Contractor is responsible for disposal of all rock, concrete and other debris removed. Contractor is responsible for any damage to government property, special care should be given to sidewalks, black top and concrete structures and any rip rap damaged or moved shall be replaced. Contractor will be responsible for diverting the water from the channel during the work.
Job
Grand TOTAL $
SPECIAL INSTRUCTIONS
The contractor shall provide material, labor and equipment necessary for Stilling Basin Repair at Caesar Creek Lake. Remove damaged concrete and replace with new 6 inch and 12 inch thick concrete. Contractor is responsible for disposal of all rock, concrete and other debris removed. Contractor is responsible for any damage to government property, special care should be given to sidewalks, black top and concrete structures and any rip rap damaged or moved shall be replaced. Contractor will be responsible for diverting the water from the channel during the work.
The contractor’s work and responsibility shall include all planning, programming, administration, management, supervision, communications and inspection necessary to assure that all work is conducted in accordance with the contract requirements and all applicable Federal, State and Local laws and regulations. All work shall be performed in strict compliance with the attached specifications and all other terms and conditions incorporated herein. Work will begin within 10 calendar days of the Notice to Proceed (NTP) and will conclude 120 calendar days after the
NTP.
One firm fixed price award will be made from this Solicitation.
Method of Payment under this contract will be Electronic Funds Transfer (EFT) to a commercial bank account specified by the Contractor. Quotes will not be accepted for quantities less than the quantities specified in the Quote.
Failure to submit a unit price for all items listed will be considered as a material deviation from the requirements and the Quote will be rejected.
The contract award will be based on Low Price. While a site visit is not mandatory, it is highly recommended contractors schedule an organized Site visit to review the complexities of the work sites, verify existing conditions, and exact measurements:
Contact Leonard Bakker, Maintenance Leader, 513-897-1738, 4020 Clarksville Road Waynesville, Ohio 45068.
The solicitation will be available on the web only. Faxed, telephoned, or mailed requests for this solicitation will not be honored. To download the solicitation for this project, contractors are required to register at the Federal Contract Opportunities website at beta.SAM.gov. For a quick start guide use the following link:
http://falextracts.s3.amazonaws.com/Documentation/Federal%20Hierarchy/QSG%20Opportunities%20Part%204% 20of%204%20-%20Contractors.pdf
Quotes are due on 30 April 2020 at 10 AM Eastern Time. Fax submittals will not be accepted. Interested contractors are highly encouraged call and schedule a site visit with Leonard Bakker. Please note that the site visit is not an opportunity for questions or clarifications regarding this solicitation. If there are any questions regarding the solicitation please contact Logan Barrett at Logan.d.barrett@usace.army.mil by 27 April 2020 at 2pm Eastern Time.
RFQ’s shall be sent to Logan Barrett at Logan.d.barrett@usace.army.mil
All contractors must be registered in the System for Award Management (www.SAM.gov) prior to award of a contract. All proposed contractors are highly encouraged to review FAR Clause 52.232-33 Payments by Electronic Funds Transfer – System for Award Management, which indicates “All payments by the Government under this contract shall be made by electronic funds transfer (EFT).” Those not currently registered can obtain registration by going to the website http://www.SAM.gov. The process can usually be completed from 24 to 48 hours after submission. Contractors will need to obtain a Unique Entity Identifier (formerly DUNS number) for processing their registration. If you do not already have a Unique Entity Identifier, one can be obtained from http://www.SAM.gov.
Refer to www.SAM.gov for information formerly found in CCR, EPLS, ORCA and FedReg.
Please begin the registration process immediately in order to avoid delay of the contract award should your firm be selected.
ALERT: You must submit a notarized letter appointing the authorized Entity Administrator before your registration will be activated. This requirement now applies to both new and existing entities. Effective 29 April 2018, the notarized letter process is now mandatory on all CURRENT registrants at SAM who have a requirement to update data on their SAM record. The notarized letter is mandatory and is required before the GSA Federal Service Desk (FSD) will activate the entity's registration.
Effective 29 June 2018, vendors creating or updating their registration can have their registration activated prior to the approval of the required notarized letter. However, the signed copy of the notarized letter must be sent to the GSA Federal Service Desk (FSD) with 30 days of activation or the vendor risks no longer being active in SAM.
PLEASE NOTE: SAM is completely free of charge for both registrants and users.
Section 00 20 00 - Instructions for Procurement
SCOPE OF WORK
Caesar Creek Lake: Specifications listed within the Scope of Work (SOW) Stilling Basin Concrete Repair, Waynesville, Ohio 45068.
General: Scope of work for concrete repair The contractor shall provide all labor, materials, supplies, tools and equipment necessary to remove and replace concrete. Remove damaged concrete and replace with new 6 inch and 12 inch thick concrete. Contractor is responsible for disposal of all rock, concrete and other debris removed. Contractor is responsible for any damage to government property, special care should be given to sidewalks, black top and concrete structures and any rip rap damaged or moved shall be replaced. Contractor will be responsible for diverting the water from the channel during the work.
The area to be demolished shall be saw cut prior to demolition in order to provide a clean transition between new concrete slab and existing concrete structures. Concrete replacement shall consist of breaking and removing current concrete slab, concrete footers, slush grouted riprap and sheared bridge timbers, and removal of soil and rocks debris in the work area. After removal of the concrete and debris, the contractor shall repair the two four-inch side drains along the steel retaining walls before the replacement concrete is poured. Reconstruction of the area shall consist of placing new gravel base, compacting the gravel base material, placing #4 rebar placed 16 inch on center for the flat work and wing walls, forming for new concrete placement, and pouring 5,000 PSI compressive strength concrete entrained with 5% +/- 1 % air. In addition replacing slush grouted rip rap in the river retreat channel is part of this concrete.
Concrete in the channel area and wing walls will be 12 inches thick and all flat areas not in the channel will be 6 inch thick concrete with a proper compacted base below. Bottom of water channel and the wing walls will need to be heavy broom texture to help prevent slippery conditions. All other flat concrete will be broom finished. Areas in the riprap will be slush grouted, new slush grouting will have same appearance as the surrounding area slush grouting that is not being disturbed. New slush grouting shall be blended into current grouting for a uniformed appearance. The slump of the grout mix shall be 7 inches plus or minus 1 inch. The grout shall be placed and worked into the top course of stone such that the interstitial voids are filled to a minimum depth of eight inches and the top of the exposed rock surfaces do not extend more than six inches out of the slush grout. Left side of channel repair will be 34 feet from top of wing wall and 27 feet 6 inches from the metal wall. The replacement channel size stays the same as it currently is. 24 feet wide including the wing walls by 33 feet 6 inches measured from concrete retaining wall joint at base of wall. Right side of channel repair will be 32 feet from top of wing wall and 27 feet 6 inches from the metal wall. Current sidewalks on both sides will be cut at nearest joint that will allow to be blended into the new slabs on both sides. Concrete repairs above the retaining wall will consist of cleaning out dirt and sticks from the current hole in the slush grout, remove old slush grouted area 10 feet back from wall and 24 feet wide, lay new class C riprap and slush grout area so water will flow over slushed area and blend in to existing slush grout.
The contractor is responsible for all clean up, debris removal, and restoration of room after completion. All work shall be performed during daylight hours between 7:00 a.m. and 3:30 p.m. Eastern Time, Monday through Friday.
No work shall be performed outside of these times, or on Saturday or Sunday or on Federal Holidays, unless approved by the Park Manager. The 2020 Federal Holidays are listed below:
Date Holiday Wednesday, January 1 New Year’s Day
Monday, January 20 Birthday of Martin Luther King, Jr.
Monday, February 17 Washington’s Birthday
Monday, May 25 Memorial Day
Friday, July 3 (observed) Independence Day
Monday, September 7 Labor Day
Monday, October 12 Columbus Day
Wednesday, November 11 Veterans Day
Thursday, November 26 Thanksgiving Day
Friday, December 25 Christmas Day
Work will be scheduled and coordinated with the Park Manager to eliminate or minimize the impact of closure or restricted access caused by the contractors work on the general public.
The Government is not responsible for providing storage areas or facilities for the storage of Contractor supplies, materials, and equipment.
If completed work does not conform to contract requirements, the Government may require the Contractor correct the deficiency to bring them into conformity with the requirements. Correction of deficiencies shall not entitle the Contractor to an increase of the unit price contained in the awarded contract. If the Contractor fails to promptly correct unsatisfactory work or fails to take necessary action to ensure future work is in compliance with the contract requirements, the Government may proceed with any rights or remedies detailed within the contract clauses and terms.
Warranty:
The contractor shall provide a one year written warranty for all work performed under this contract.
Property Damage:
The contractor shall use reasonable care to avoid damaging existing buildings, equipment, facilities, and structures during the performance of the specified work. If the Contractor, Contractor employees, or persons acting on behalf of the Contractor fail to use reasonable care and Government property is damaged, the contractor shall repair or replace the damaged property at no expense to the Government. Property damage caused by the Contractor or persons/employees acting on behalf of the Contractor shall be reported to the Contracting Specialist and the Park Manager on the day of occurrence or on the first working day following the occurrence.
Insurance:
The contractor shall provide to the Park Manager, and maintain during the entire performance of this contract, the following: Insurance Type – General Liability (Bodily Injury and Property Damage Combined) Minimum Amounts of Liability $1,000,000. Each Occurrence $1,000,000 Aggregate. The contractor is required to provide a Certificate of Insurance to the Park Manager at the time of the pre-work conference.
Safety Requirements:
Performance of all work shall assure complete safety to public visitors, Government employees, Contractor employees, and all other persons in the area. The Contractor shall comply with any pertinent requirements contained in the Corps of Engineers Safety Manual (EM 385-1-1), current at the time of award. Furthermore, the Contractor shall comply with pertinent occupational safety and health standards as required by the Occupational Safety and Health Administration (OSHA). The complete safety manual with appendices can be reviewed at the following
Internet address:
https://intranet.usace.army.mil/lrd/lrl/safety/Documents/EM_385-1- 1%20(2015).pdf#search=em%20385%2D1%2D1
The Contractor shall provide their personnel with any personal protective apparel and equipment required by the Safety Manual (EM 385-1-1) and, as necessary, eliminate or minimize hazards to personnel. As a minimum, each employee shall wear a hard hat, shirt (with sleeves), long trousers, fall protection harness with lanyard if required and protective shoes/boots during all contract work. Contractor employees shall utilize other safety equipment such as: hearing protection devices, work gloves, or protective glasses/goggles whenever required by the safety manual.
Pre-Work Conference: The contractor is required to attend a pre-work conference, to be scheduled by the Park Manager, within 10 business days after issuance of the Notice to Proceed (NTP). Prior to the pre-work conference, the contractor shall be responsible for providing an approved Accident Prevention Plan (APP), Activity Hazard Analysis (AHA), and information pertaining to any scaffolding systems or aerial lifting devices to be used including model number, height, weight and capacity of lift. All scaffolding systems and aerial lifting devices must be in compliance with the Safety Manual (EM 385-1-1).
Antiterrorism (AT) and Operations Security (OPSEC) Required Training for On-Post
Access and General Protection/Security Policy and Procedures:
Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05 / AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative, as NCIC and TSDB are available), or, at Outside Continental United States (OCONUS) locations, in accordance with status of forces agreements and other theater regulations.
Suspicious Activity Reporting Training: (e.g. iWATCH, CorpsWatch, or See Something, Say Something) The contractor and all associated sub-contractors shall receive a brief/training (provided by the requiring activity) on the local suspicious activity reporting program. This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the Park Manager, security representative or law enforcement entity. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance with the results reported to the Park Manager no later than (NLT) 5 calendar days after the completion of the training.
Pre-screen candidates using E-Verify Program:
The Contractor must pre-screen Candidates using the E-verify Program (http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements. The Vendor must ensure that the Candidate has two valid forms of Government issued identification prior to enrollment to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible Candidates must be provided to the Park Manager NLT 3 business days after the initial contract award.
Invoice Requirements:
The Contractor will provide an invoice upon the completion of the installation work that includes the following information:
1. Contractor’s Name and Address
2. Contract Number
3. Invoice Number and Date
4. Itemized listing of work performed
5. Invoice Point of Contract (POC)
6. Signature of Contractor or Contractor’s representative
PAYMENT: Payment will be made by Electronic Funds Transfer (EFT), upon acceptance of the completed work and providing final invoice. The contractor is required to provide a Unique Entity Identifier, and must be registered with SAM. The Unique Entity Identifier number and a Federal Tax I.D must be entered on the quote sheet. Failure to provide all information requested on the quote sheet and to complete SAM registration may be grounds for considering the quote unresponsive.
Mail or email invoice(s) to the following: Caesar Creek Lake
Attn: Jim O’Boyle 4020 North Clarksville Road Waynesville, OH 45068 Email: James.F.O’Boyle@usace.army.mil
Section 00 21 00 - Instructions
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 52.223-20 Aerosols JUN 2016 52.223-21 Foams JUN 2016 52.228-11 Pledges Of Assets AUG 2018 252.204-7008 Compliance With Safeguarding Covered Defense Information
Controls
OCT 2016
CLAUSES INCORPORATED BY FULL TEXT
52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL
EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)
(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.
(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:
Goals for minority participation for each trade
Goals for female participation for each trade
4.4% 6.9%
These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.
(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction,'' and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.
(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the --
(1) Name, address, and telephone number of the subcontractor;
(2) Employer's identification number of the subcontractor;
(3) Estimated dollar amount of the subcontract;
(4) Estimated starting and completion dates of the subcontract; and
(5) Geographical area in which the subcontract is to be performed.
(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is Caesar Creek Lake in Waynesville, OH (Warren County).
(End of provision)
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.
52.236-27 SITE VISIT (CONSTRUCTION) (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) Site visits may be arranged during normal duty hours by contacting:
Name: Leonard Bakker Address: 4020 Clarksville Road Waynesville, Ohio 45068 Telephone: 513-897-1738
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):
https://www.acquisition.gov https://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html
52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)
(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of"(DEVIATION)" after the date of the provision.
(b) The use in this solicitation of any Defense Federal Acquisition Regulation Supplement (48 CFR Chapter Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
Section 00 45 00 - Representations and Certifications
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 System for Award Management (SAM): _____ YES _____ NO (See FAR 52.204-7) INDICATE UNIQUE ENTITY IDENTIFIER (formerly DUNS No.). ___________________ (Note: See FAR 52.204-7. The DUNS Number is a 9 digit numeric code.)
CAGE NO. ______________
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
52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2020)
(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 238110.
(2) The small business size standard is $16,500,000.
(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 & 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.
(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:
[Contracting Officer check as appropriate.]
(i) 52.204-17, Ownership or Control of Offeror.
(ii) 52.204-20, Predecessor of Offeror.
(iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.
(iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.
(v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.
(vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA- Designated Products (Alternate I only).
(vii) 52.227-6, Royalty Information.
(A) Basic.
(B) Alternate I.
(viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.
(d) The Offeror has completed the annual representations and certifications electronically 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.
52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO
SURVEILLANCE SERVICES OR EQUIPMENT (DEC 2019)
The Offeror shall not complete the representation in this provision if the Offeror has represented that it “does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument” in the provision at 52.204-26, Covered Telecommunications Equipment or Services--Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications--Commercial Items.
(a) Definitions. As used in this provision--
Covered telecommunications equipment or services, critical technology, and substantial or essential component have the meanings provided in clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Contractors are not prohibited from providing--
(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.
(d) Representation. The Offeror represents that it [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation.
(e) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it “will'' provide covered telecommunications equipment or services”, the Offeror shall provide the following information as part of the offer-
(1) A description of all covered telecommunications equipment and services offered (include brand; model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);
(2) Explanation of the proposed use of covered telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b) of this provision;
(3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known); and
(4) For equipment, the entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).
52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JULY 2013)
(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 (c) of this clause. Such a concern is ``not dominant in its field of operation'' when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.
(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:
(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.
(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.
(3) For long-term contracts--
(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and
(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.
(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards.
(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.
(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.
(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.
(g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:
The Contractor represents that it ( ) is, ( ) is not a small business concern under NAICS Code 238110- assigned to contract number W912QR20Q0056.
(End of clause)
252.204-7007 ALTERNATE A, ANNUAL REPRESENTATIONS AND CERTIFICATIONS (DEC 2019)
Substitute the following paragraphs (b), (d) and (e) for paragraphs (b) and (d) of the provision at FAR 52.204-8:
(b)(1) If the provision at FAR 52.204-7, System for Award Management, is included in this solicitation, paragraph
(e) of this provision applies.
(2) If the provision at FAR 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 (e) 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:
__ (i) Paragraph (e) applies.
__ (ii) Paragraph (e) does not apply and the Offeror has completed the individual representations and certifications in the solicitation.
(d)(1) The following representations or certifications in the SAM database are applicable to this solicitation as indicated:
(i) 252.204-7016, Covered Defense Telecommunications Equipment or Services--Representation. Applies to all solicitations.
(ii) 252.209-7003, Reserve Officer Training Corps and Military Recruiting on Campus--Representation.
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