W912DW17B0010.pdf
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Invitation for Bid W912DW17B0010, Furnish all labor, materials, and equipment to perform all w ork for project entitled “REPLACE AHU’s and CONTROLS, J00729 FITNESS CENTER McCHORD.” In accordance w ith the attached Contract provisions/clauses, technical specif ications, draw ings, and Statement of Work dated 11 July 2017.
Note: Item #8 above is revised as follow s:
Address Bid to:
HAND DELIVERY/FED-EX/UPS or other commercial carrier:
Seattle Corps of Engineers, Contracting Office, Special Projects Branch Attn: Dustin Smith, Contract Specialist. Martin Hansen, Contracting Officer Building 2015, Room 339 North 4th and Pendleton, Joint Base Lew is-McChord, Washington, 98433
Note: USPS w ill not deliver to this building.
Note: Item #9.B. above is revised as follow s:
Telephone No. 253-966-4384
Funds are presently available for this project.
X
DUSTIN J SMITH 206-764-6741
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
04-Aug-2017
(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 _______14 calendar days and complete it w ithin ________365 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________01 11 00 2.1.1
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 specified in Item 8 by ___________ local time ______________05 Sep 2017 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.
shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.
B. An offer guarantee X is, is not required.
C. All offers are subject to the (1) w ork requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.
D. Offers providing less than _______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
USA ENGINEER DISTRICT, SEATTLE
ATTN: CENWS-CT
4735 EAST MARGINAL WAY SOUTH, BLDG. 1202
SEATTLE WA 98134-2388
W912DW
PAGE OF PAGES
1 OF
CODE
(Title, identifying no., date):
12B. CALENDAR DAYS
02:00 PM (hour)
Sealed envelopes containing offers
5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.
8. ADDRESS OFFER TO (If Other Than Item 7)
FAX:TEL: TEL: FAX:
W912DW17B0010 78
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
W912DW17B0010
Section 00 10 00 - Solicitation
TABLE OF CONTENTS
Section 00 10 00, Bid Schedule, Table of Contents, Caution to Bidders.
Section 00 21 00, Instructions, Conditions and Notices to Offerors, Solicitation Provisions Section 00 45 00, Representations and Certifications & Pre-Award Information Form, Solicitation Provisions Section 00 72 00, General Conditions Section 00 73 00, Special Contract Requirements Attachments (Provided Under Separate Cover) Drawings (Provided Under Separate Cover) Technical (Provided Under Separate Cover)
RETURN THE FOLLOWING WITH YOUR BID:
SF1442, Solicitation, Offer and Award Section 00 45 00, Representations and Certifications, to include the Pre-Award Information Form Bid Bond – Bid Bonds shall have the penal sum of 20% of the Bid Price or $3,000,000, whichever is lower.
Bid Bonds must be accompanied by a Power of Attorney containing an original signature from the surety.
Powers of Attorney dated prior to the date of the bond will only be accepted if accompanied by certification from a current officer of the surety attesting to its authenticity and continuing validity. Electronic, mechanically applied and printed signatures, seals and dates on the power of attorney shall be considered original signatures, seals and dates, without regard to the order in which they were affixed.
Current SF24 forms are available at the following website:
http://www.gsa.gov/portal/forms/type/TOP
Unless specified, the following information does not need to be submitted with your bid, BUT it is required to be completed before the contract can be awarded:
Contractors are required, before receipt of contract award to ensure that their firm is registered in the government web site entitled System for Award Management (SAM) and that all information required is current and up to date.
https://www.sam.gov/portal/public/SAM
CAUTION TO BIDDERS
! ! ! C A U T I O N TO B I DD E R S ! ! !
1. TELEPHONES: There are no public telephones at the Seattle District Contracting, Special Projects Branch, JBLM.
2. BUSINESS HOURS: For the Seattle District Corps of Engineers, Special Projects Branch are from 07:30
A.M. to 4:00 P.M., Monday through Friday.
BEFORE SIGNING AND DELIVERING/MAILING THIS BID, PLEASE TAKE NOTE OF THE
FOLLOWING, AS FAILURE TO PERFORM ANY ONE OF THESE ACTIONS MAY CAUSE YOUR BID
TO BE REJECTED
3. AMENDMENTS: Have you acknowledged receipt of ALL amendments? If in doubt as to the number of amendments issued, please contact the representative listed on the Information Page.
4. AMENDED SECTIONS: If any of the amendments furnished amended sections, the amended sections must be used in submitting your bid.
5. MISTAKE IN BID: Have you reviewed your bid price for possible errors in calculation or work left out?
6. BID ACCEPTANCE PERIOD: The minimum bid acceptance period is specified in block 13D of
SF1442, Solicitation, Offer and Award. Please ensure that you allow at least the stated number of calendar days for the Government to accept your bid.
7. SYSTEM FOR AWARD MANAGEMENT: Contractors are required, before receipt of contract award to ensure that their firm is registered in the government web site entitled System for Award Management (SAM) and that all information required is current and up to date. https://www.sam.gov/portal/public/SAM/
8. FAR clause 52.204-4(b) Printed or Copied Double-Sided on Postconsumer Fiber Content Paper:
The Contractor is required to submit paper documents, such as offers, letters, or reports that are printed or copied double-sided on paper containing at least 30 percent postconsumer fiber, whenever practicable, when not using electronic commerce methods to submit information or data to the Government.
9. Submitting Offers: Block 13A specifies the due date/time for submission of your offer. Section 00 21 00, Instructions to Bidders, paragraph 1.6, specifies the location to which offers shall be submitted. Offers must arrive at the designated location by the exact time and date as specified in this solicitation, or they will be considered "late" and will not be considered except in accordance with the limitations in FAR 52.215- 1(c)(3). Bids may be either hand delivered, or submitted through a common carrier such as FedEx, UPS, etc.
Report to the Third Floor Conference Room, Room 343 for the opening of bids, this room will be available 30 minutes prior to the bid opening.
If you do not wish to be present when bids are opened and would like to drop off your bid, contact the following persons; Contract Specialist Dustin Smith at 253-966-4384 or Contracting Officer, Martin J.
Hansen at 253-966-4391. Arrangements will then be made for acceptance of your Bid.
A bid is not received by the Government until it is in the physical possession of a representative of the Contracting office. Other non-contracting personnel are NOT authorized to accept proposals on behalf of the Government. Note that official receipt of a proposal shall be in accordance with FAR 52.215-1.
Note: If delivery is by any means other than Hand Delivery, please check prior to the due date and time to ensure that your bid has arrived on time!
Hand-delivery / Fed-Ex / UPS or other commercial carrier:
U.S. Army Corps of Engineers, Seattle District, Special Projects Branch
CENWS-CTD
Attn: Dustin Smith - Contract Specialist & Martin J. Hansen, Contracting Officer Building 2015, Room 339 2015 N. 4th & Pendleton, Joint Base Lewis-McChord (JBLM), WA 98134-2388
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
Base Item CLIN-0001('K' Repair)
Contractor shall supply all supervision, labor, equipment, and materials to Repair by Replacement the existing heating and ventilation system in accordance with the base contract and the revised Statement of Work dated 11 July 2017.
1.4.1.1. Base Item CLIN-0001 ('K' Repair)
Building 729 Fitness Center FOB: Destination
FFP
NET AMT
OPTION Option Item CLIN-0002 ('K' Repair)
Contractor shall supply all supervision, labor, equipment, and materials to Repair by Replacement the existing hydronic heating water distribution in accordance with the base contract and the revised Statement of Work dated 11 July 2017.
1.4.1.2. Option Item CLIN-0002 ('K' Repair)
Building 729 Fitness Center
OPTION Option Item CLIN-0003 ('L' New Work)
Contractor shall supply all supervision, labor, equipment, and materials to Install 'Comfort Cooling' (i.e. Air Conditioning) throughout facility in accordance with the base contract and the revised Statement of Work dated 11 July 2017.
1.4.1.3. Option Item CLIN-0003 ('L' New Work)
Building 729 Fitness Center
OPTION Option Item CLIN-0004 ('K' Repair)
Contractor shall supply all supervision, labor, equipment, and materials to Repair by replacement all existing Direct Digital Control (DDC) elements in accordance with the base contract and the revised Statement of Work dated 11 July 2017.
1.4.1.4. Option Item CLIN-0004 ('K' Repair)
Building 729 Fitness Center
Section 00 21 00 - Instructions
INSTRUCTIONS TO BIDDERS
Instructions, Conditions and Notices to Offerors
GENERAL INFORMATION
Competition for this solicitation is set aside for Service Disabled Veteran Owned Small Business (SDVOSB) concerns only.
1.1 GENERAL DESCRIPTION OF WORK
The Special Projects Branch of the Seattle District Contracting Division, U.S. Army Corps of Engineers (hereinafter known as Seattle District or Special Projects Branch) has a competitive requirement for Firm Fixed price contract with a period of performance of 365 calendar days. This requirement will be will be solicited via an Invitation for Bid (IFB).
This Project will include work to replace existing heating and ventilation equipment consisting of air handling units (AHU’s) No.1, No.2, No.3 & No.4; ventilation exhaust fans; and associated DDC controls currently serving Building 729 (Fitness Center). Replacement heating and ventilation equipment shall consist of new AHU’s installed in a similar configuration with additional zoning provided by heating duct coils utilizing steam-to-hot-water conversion (maintaining connection to the Central Steam Plant) with associated heat exchange equipment. Optional Bid Items have been established to incorporate full cooling (utilizing a high-efficiency air-cooled chilled water plant) throughout the facility in addition to an Optional Bid Item to incorporate new natural gas-fired condensing boilers to replace the steam-to-hot-water conversion currently in use at the facility (i.e. removing the facility from the Central Steam Plant). Implementation of new gas-fired condensing boilers will require new gas line connection to facility through coordination with Puget Sound Energy (PSE) with separate payment made directly to PSE for natural gas service installation costs (and permit) associated with work as performed by PSE.
1.2 COPIES OF SOLICITATION DOCUMENT AND AMENDMENTS
Copies of the IFB and amendment are available by INTERNET ACCESS ONLY. All IFB documents will be posted to the Federal Business Opportunities (FBO) website at http://www.fbo.gov under solicitation number W912DW17B0010. Registration is required to download documents from the FBO website.
It shall be the Contractor’s responsibility to check the website for any amendments. The Bidder shall submit all requested information specified in this solicitation. There will be no public opening of the proposals received as a result of this solicitation.
A list of interested vendors (potential bidders and subcontractors) is available on the FBO website.
1.3 BIDDERS QUESTIONS AND COMMENTS
All inquiries regarding this IFB are to be submitted via ProjNet. Telephone and email inquiries will not be accepted. ProjNet is a web-based program that allows bidders to post questions regarding the solicitation and to view all questions by other bidders and answers by USACE. ProjNet can be accessed at https://www.projnet.org.
To access Projnet website the first time:
a. Click on the Quick Add menu in the upper right
b. Enter the following information for access:
Select USACE as the agency Input BID Key: 2DGAJB-8N23AW Your email address Enter valid business contact information (e.g. First and Last Name, Company Name, City and State, phone number, and email address. (Required on first project only) Establish secret Question and Answer which will be used as a password (required on first project only).
For subsequent access use your email address, the Key and Response to the Secret Question to access the Projnet Module.
Submit technical questions by clicking Post a New Inquiry. When an answer is posted to a question, the question and answer is then available for all other bidders to review.
For questions about Projnet, please contact the Call Center help desk toll free at 1-800-428-HELP (4357), which operates from 8 a.m. to 5 p.m (Central Time Zone).
Questions may be submitted up to 2:00 p.m. on the fifth business day PRIOR to the closing date, questions submitted after that time will not be answered. All bidders will be held to have reviewed the questions and responses in Projnet prior to bid submission. Nothing in the solicitation will be changed unless an amendment is issued.
1.4 SMALL BUSINESS SIZE STANDARD/NAICS CODE
The North American Industry Classification System (NAICS) code for this acquisition is 238220 – Plumbing, Heating, and Air-Conditioning Contractors with a small business size standard of $15M.
1.5 PROPOSAL EXPENSES AND PRE-CONTRACT COSTS
The issuance of this Invitation for Bid (IFB) does not commit the Government to pay, as a direct charge, any costs incurred in the preparation and submission of a proposal.
1.6 PRE-PROPOSAL CONFERENCE AND SITE VISIT (FAR 52.236-27)
A one-time pre-proposal conference will be conducted on the 16th of August 2017 at 09:30 a.m. at Building 2015 located on the corner of Pendleton and N. 4th street in the 3rd Floor Conference room, room 343. The Site Visit will be held immediately after.
A temporary 1-day vehicle pass is required to drive on Joint Base Lewis-McChord (JBLM) and may be obtained from the Visitor’s Center at the JBLM Main Gate. Contractors that have privately-owned vehicles (POVs) must have proof of vehicle insurance and vehicle registration. In the case of a rental vehicle, contractors must have rental agreement. Due to heightened security, the following procedures will describe how to gain access to the site visit for yourself and any subcontractors attending (if they or you do not have current access to the military installation): All attendees must have valid picture identification.
Note: On 1 May 2016, JBLM began enforcing the provision of the Real ID Act of 2005. Under provisions of this act, a standard driver’s license or ID card issued by any of the following states is not accepted for unescorted access to JBLM: Illinois, Minnesota, Missouri and Washington. Persons requesting unescorted access to JBLM and who present a standard license or ID from one of those states will be required to present additional documentation to verify their identity prior to being allowed access to JBLM. The list of acceptable documents to present along with a Standard driver’s license or ID card issued by one of those states include: DoD CAC, DoD Uniformed Services Identification and Privileges Cards, U.S. Passport or U.S. Passport Card, VA Issued Health Card, U.S. Coast Guard Merchant Mariner Card, Transportation Worker ID Card (TWIC) issued by DHS, U.S. Government issued, authenticated Federal PIV credentials. US Military or Draft Record containing name and DOB. A full list can be found at the following website: http://www.lewis-mcchord.army.mil/ under Access to JBLM. The Washington State enhanced driver license is acceptable.
DIRECTIONS TO BUILDING 2015: From I-5 take exit 120 (Joint Base Lewis-McChord) and proceed to the Visitor’s Center just before the JBLM Main Gate. Once through the gate, turn right on Pendleton Avenue and drive to the corner of 4th and Pendleton. To your right is available parking area across the street and kitty corner to building 2015. There is also parking on 4th Street (a one-way street) and also at the back of building 2015. It is important to note that these two parking areas are very limited. If you arrive and Contracting Personnel are not on-site, contact Dustin Smith at 253-966-4384 or Martin Hansen at 253-966- 4391.
1.7 ACCURACY IN BIDS
Bids must set forth full, accurate, and complete information as required by this RFP, (including attachments). The penalty for making false statements is prescribed in 18 U.S.C. 1001.
1.8 BID SUBMITTALS
BIDS may be either hand delivered, or submitted through a common carrier such as FedEx, UPS, etc. NOTE: THE
US POSTAL SERVICE DOES NOT DELIVER TO THIS BUILDING. LATE BIDS WILL NOT BE
CONSIDERED. Bids must be received no later than the time and date specified on the Standard Form SF1442, Page 1, Item 13a or as amended under an amendment to the solicitation. The Packaging that contains the Bidders proposal shall be marked: Proposals for Invitation for Bid (IFB), number W912DW17B0010, DO NOT OPEN.
An original and one copy (paper) must be submitted. In addition, a second copy of the Offeror’s bid must also be submitted on a CD for Contracting’s electronic filing system.
Common Carrier Delivery Instructions: Bids may be delivered via common carrier as described above. DO NOT ATTEMPT TO SUBMIT YOUR BID THROUGH THE U.S. POSTAL SERVICE. Mail Bids to:
U.S. ARMY CORPS OF ENGINEERS CONTRACTING
SPECIAL PROJECTS BRANCH
Attn: Dustin Smith/Martin Hansen Building 2015, Room 339 North 4th & Pendleton Joint Base Lewis-McChord, Washington
1.9 BASIS OF AWARD
The award of the Single Award Firm fixed Price Contract as a result of this IFB will be awarded IAW Far Part 14.408-1(a)(3). Award will be made to that responsive and responsible bidder whose bid conforms to the requirements of the IFB and will be the most advantageous to the Government, considering only price and the price related factors included in the solicitation.
1.10 MAGNITUDE OF CONSTRUCTION
The Magnitude of Construction for this project is between $1,000,000 and $5,000,000.
1.11 JOINT VENTURE BID REQUIREMENTS
When proposing as a Joint Venture, all members of the Joint Venture shall sign the SF 1442, Corporate Certificate, and the Bid Bond unless a written agreement by the Joint Venture is furnished with the firm’s bid designating one firm with the authority to bind the other member(s) of the Joint Venture. In addition, a copy of the Joint Venture Agreement shall be submitted with the bid. Failure to comply with the foregoing requirements may eliminate the contractor’s bid from further consideration. No contract may be awarded to a Joint Venture that is not registered in the System for Award Management (SAM) website: http://www.sam.gov. the following requirements for Joint Ventures are as follows:
a. In the cover letter of your proposal, provide the complete names, addresses, and phone and fax numbers of all firms in the joint venture.
b. Signature requirements: SF 1442, SOLICITATION, OFFER, AND AWARD, Block 20 requires that the name and title of the person authorized to sign Bid for the Joint Venture be provided.
c. In addition to the requirements stated above, and to assure a single point of contact for resolution of contractual matters and payments, submit a certificate signed by each participant in the Joint Venture that includes the following statement:
“The parties hereto expressly understand and agree as follows:
d. (Name, title, and company) is the principal representative of the joint venture. As such, all communications regarding the administration of the contract and the performance of the work there under may be directed to him or her. In the absence of (same name, title, and company), (enter name, title, and company of alternate) is the alternate principal representative of the joint venture.
e. Direction, approvals, required notices, and all other communications from the Government to the joint venture, including transmittal of payments by the Government, shall be directed to (enter name, title, and company of principal), principal representative of the joint venture.”
f. The bid bond form, Block “Principal” requires that the name and title of the person authorized to sign for the joint venture be included.
After award, the performance and payment bonds, and required insurance certificate(s) provided shall be in the name of the joint venture.
CLAUSES INCORPORATED BY REFERENCE
52.204-7 System for Award Management OCT 2016 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.214-18 Preparation of Bids-Construction APR 1984 52.217-5 Evaluation Of Options JUL 1990 52.219-16 Liquidated Damages-Subcontracting Plan JAN 1999 252.204-7004 Alt A System for Award Management Alternate A FEB 2014
CLAUSES INCORPORATED BY FULL TEXT
52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (JUL 2016)
(a) Definition. As used in this clause--
Commercial and Government Entity (CAGE) code means--
(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity;
or
(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.
(b) Contractors shall ensure that the CAGE code is maintained throughout the life of the contract. For contractors registered in the System for Award Management (SAM), the DLA Commercial and Government Entity (CAGE) Branch shall only modify data received from SAM in the CAGE master file if the contractor initiates those changes via update of its SAM registration. Contractors undergoing a novation or change-of-name agreement shall notify the contracting officer in accordance with subpart 42.12. The contractor shall communicate any change to the CAGE code to the contracting officer within 30 days after the change, so that a modification can be issued to update the CAGE code on the contract.
(c) Contractors located in the United States or its outlying areas that are not registered in SAM shall submit written change requests to the DLA Commercial and Government Entity (CAGE) Branch. Requests for changes shall be provided at https://cage.dla.mil. Change requests to the CAGE master file are accepted from the entity identified by the code.
(d) Contractors located outside the United States and its outlying areas that are not registered in SAM shall contact the appropriate National Codification Bureau (points of contact available at http://www.nato.int/structur/AC/135/main/links/contacts.htm) or NSPA at https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx to request CAGE changes.
(e) Additional guidance for maintaining CAGE codes is available at https://cage.dla.mil.
(End of Clause)
52.214-3 AMENDMENTS TO INVITATIONS FOR BIDS (DEC 2016)
(a) If this solicitation is amended, then all terms and conditions which are not modified remain unchanged.
(b) (1) Bidders shall acknowledge receipt of any amendment to this solicitation--
(i) By signing and returning the amendment;
(ii) By identifying the amendment number and date in space provided for this purpose on the form for submitting a bid;
(iii) By letter;
(iv) By facsimile, if facsimile bids are authorized in the solicitation; or
(v) By email, if email bids are authorized in the solicitation.
(2) The Government must receive the acknowledgement by the time and at the place specified for receipt of bids.
(End of provision)
52.214-4 FALSE STATEMENTS IN BIDS (APR 1984)
Bidders must provide full, accurate, and complete information as required by this solicitation and its attachments.
The penalty for making false statements in bids is prescribed in 18 U.S.C. 1001.
52.214-5 SUBMISSION OF BIDS (DEC 2016)
(a) Bids and bid modifications shall be submitted in sealed envelopes or packages (unless submitted by electronic means) (1) addressed to the office specified in the solicitation, and (2) showing the time and date specified for receipt, the solicitation number, and the name and address of the bidder.
(b) Bidders using commercial carrier services shall ensure that the bid is addressed and marked on the outermost envelope or wrapper as prescribed in subparagraphs (a)(1) and (2) of this provision when delivered to the office specified in the solicitation.
(c) Facsimile bids, modifications, or withdrawals, will not be considered unless authorized by the solicitation.
(d) Bids submitted by electronic commerce shall be considered only if the electronic commerce method was specifically stipulated or permitted by the solicitation.
52.214-6 EXPLANATION TO PROSPECTIVE BIDDERS (APR 1984)
Any prospective bidder desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must request it in writing soon enough to allow a reply to reach all prospective bidders before the submission of their bids. Oral explanations or instructions given before the award of a contract will not be binding. Any information given a prospective bidder concerning a solicitation will be furnished promptly to all other prospective bidders as an amendment to the solicitation, if that information is necessary in submitting bids or if the lack of it would be prejudicial to other prospective bidders.
52.214-7 LATE SUBMISSIONS, MODIFICATIONS, AND WITHDRAWALS OF BIDS (NOV 1999)
(a) Bidders are responsible for submitting bids, and any modifications or withdrawals, so as to reach the Government office designated in the invitation for bids (IFB) by the time specified in the IFB. If no time is specified in the IFB, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that bids are due.
(b)(1) Any bid, modification, or withdrawal received at the Government office designated in the IFB after the exact time specified for receipt of bids is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late bid would not unduly delay the acquisition; and--
(i) If it was transmitted through an electronic commerce method authorized by the IFB, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of bids; or
(ii) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of bids and was under the Government's control prior to the time set for receipt of bids.
(2) However, a late modification of an otherwise successful bid that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.
(c) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the bid wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.
(d) If an emergency or unanticipated event interrupts normal Government processes so that bids cannot be received at the Government office designated for receipt of bids by the exact time specified in the IFB and urgent Government requirements preclude amendment of the IFB, the time specified for receipt of bids will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.
(e) Bids may be withdrawn by written notice received at any time before the exact time set for receipt of bids. If the IFB authorizes facsimile bids, bids may be withdrawn via facsimile received at any time before the exact time set for receipt of bids, subject to the conditions specified in the provision at 52.214-31, Facsimile Bids. A bid may be withdrawn in person by a bidder or its authorized representative if, before the exact time set for receipt of bids, the identity of the person requesting withdrawal is established and the person signs a receipt for the bid.
52.214-19 CONTRACT AWARD--SEALED BIDDING--CONSTRUCTION (AUG 1996)
(a) The Government will evaluate bids in response to this solicitation without discussions and will award a contract to the responsible bidder whose bid, conforming to the solicitation, will be most advantageous to the Government, considering only price and the price-related factors specified elsewhere in the solicitation.
(b) The Government may reject any or all bids, and waive informalities or minor irregularities in bids received.
(c) The Government may accept any item or combination of items, unless doing so is precluded by a restrictive limitation in the solicitation or the bid.
(d) The Government may reject a bid as nonresponsive if the prices bid are materially unbalanced between line items or subline items. A bid is materially unbalanced when it is based on prices significantly less than cost for some work and prices which are significantly overstated in relation to cost for other work, and if there is a reasonable doubt that the bid will result in the lowest overall cost to the Government even though it may be the low evaluated bid, or if it is so unbalanced as to be tantamount to allowing an advance payment.
(End of provison)
52.216-1 TYPE OF CONTRACT (APR 1984)
The Government contemplates award of a Firm Fixed Price contract resulting from this solicitation.
52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS--SECONDARY SITE OF THE WORK (MAY
2014)
(a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements,of this solicitation.
(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.
(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.
(2) The due date for receipt of offers will not be extended as a result of an offeror's request for a wage determination for a secondary site of the work.
52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL
EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)
(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
7.2% 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 Joint Base Lewis McChord (JBLM), Pierce County, Fort Lewis, Washington.
52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (MAY 2014)
(a) Definitions. As used in this clause--
Commercially available off-the-shelf (COTS) item—
(1) Means any item of supply (including construction material) that is--
(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);
(ii) Sold in substantial quantities in the commercial marketplace; and
(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and
(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4) such as agricultural products and petroleum products.
Component means an article, material, or supply incorporated directly into a construction material.
Construction material means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site.
Materials purchased directly by the Government are supplies, not construction material.
Cost of components means--
(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or
(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.
Domestic construction material means--
(1) An unmanufactured construction material mined or produced in the United States;
(2) A construction material manufactured in the United States, if--
(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or
(ii) The construction material is a COTS item.
Foreign construction material means a construction material other than a domestic construction material.
United States means the 50 States, the District of Columbia, and outlying areas.
(b) Domestic preference.
(1) This clause implements 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.
(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows:
(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that
(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American Act is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;
(ii) The application of the restriction of the Buy American Act to a particular construction material would be impracticable or inconsistent with the public interest; or
(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.
(c) Request for determination of inapplicability of the Buy American Act. (1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including--
(A) A description of the foreign and domestic construction materials;
(B) Unit of measure;
(C) Quantity;
(D) Price;
(E) Time of delivery or availability;
(F) Location of the construction project;
(G) Name and address of the proposed supplier; and
(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.
(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.
(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).
(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.
(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.
(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute.
(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:
Foreign and Domestic Construction Materials Price Comparison Construction material description Unit of measure Quantity Price (dollars) \1\ Item 1 Foreign construction material.... ........... ___ ........ ....... ………. ___ ................ ........ ___ Domestic construction material... ........ ___ ............... .............. ___ .................. ...... ___ Item 2 Foreign construction material.... ......... ___ ............. ........ ……. ___ ............... ......... ___ Domestic construction material... ....... ___ .................. ............. ___ ................. ....... ___ Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).
List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.
Include other applicable supporting information.
(End of clause)
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:
Martin J. Hansen, Contracting Officer Building 2015, Room 335 2015 N. 4th & Pendleton Joint Base Lewis-McChord, Washington 98433
(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.
52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)
This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):
http://www.farsite.hill.af.mil
52.252-3 ALTERATIONS IN SOLICITATION (APR 1984)
Portions of this solicitation are altered as follows:
If applicable, the solicitation will be altered via amendment.
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 provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
252.204-7007 ALTERNATE A, ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2015)
Substitute the following paragraphs (d) and (e) for paragraph (d) of the provision at FAR 52.204-8:
(d)(1) The following representations or certifications in the System for Award Management (SAM) database are applicable to this solicitation as indicated:
(i) 252.209-7003, Reserve Officer Training Corps and Military Recruiting on Campus--Representation. Applies to all solicitations with institutions of higher education.
(ii) 252.216-7008, Economic Price Adjustment--Wage Rates or Material Prices Controlled by a Foreign Government. Applies to solicitations for fixed-price supply and service contracts when the contract is to be performed wholly or in part in a foreign country, and a foreign government controls wage rates or material prices and may during contract performance impose a mandatory change in wages or prices of materials.
(iii) 252.222-7007, Representation Regarding Combating Trafficking in Persons, as prescribed in 222.1771. Applies to solicitations with a value expected to exceed the simplified acquisition threshold.
(iv) 252.225-7042, Authorization to Perform. Applies to all solicitations when performance will be wholly or in part in a foreign country.
(v) 252.225-7049, Prohibition on Acquisition of Commercial Satellite Services from Certain Foreign Entities-- Representations. Applies to solicitations for the acquisition of commercial satellite services.
(vi) 252.225-7050, Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism. Applies to all solicitations expected to result in contracts of $150,000 or more.
(vii) 252.229-7012, Tax Exemptions (Italy)--Representation. Applies to solicitations when contract performance will be in Italy.
(viii) 252.229-7013, Tax Exemptions (Spain)--Representation. Applies to solicitations when contract performance will be in Spain.
(ix) 252.247-7022, Representation of Extent of Transportation by Sea. Applies to all solicitations except those for direct purchase of ocean transportation services or those with an anticipated value at or below the simplified acquisition threshold.
(2) The following representations or certifications in SAM are applicable to this solicitation as indicated by the Contracting Officer: [Contracting Officer check as appropriate.]
____ (i) 252.209-7002, Disclosure of Ownership or Control by a Foreign Government.
____ (ii) 252.225-7000, Buy American--Balance of Payments Program Certificate.
____ (iii) 252.225-7020, Trade Agreements Certificate.
____ Use with Alternate I.
____ (iv) 252.225-7031, Secondary Arab Boycott of Israel.
____ (v) 252.225-7035, Buy American--Free Trade Agreements--Balance of Payments Program Certificate.
____ Use with Alternate I.
____ Use with Alternate II.
____ Use with Alternate III.
____ Use with Alternate IV.
____ Use with Alternate V.
(e) The offeror has completed the annual representations and certifications electronically via the SAM Web site at https://www.acquisition.gov/. After reviewing the SAM database 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 FAR 52.204-8(c) and paragraph (d) 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),…
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