FBODaily.com | FedBizOpps: PRESOL | 41 | FABRICATE, INSTALL AND TEST HVAC - OTHER DOCS

FBO DAILY - FEDBIZOPPS ISSUE OF NOVEMBER 14, 2015 FBO #5104
SOLICITATION NOTICE

41 -- FABRICATE, INSTALL AND TEST HVAC - OTHER DOCS

Notice Date: 11/12/2015
Notice Type: Combined Synopsis/Solicitation
NAICS: 238220 — Plumbing, Heating, and Air-Conditioning Contractors
Contracting Office: Department of Homeland Security, United States Coast Guard (USCG), USCG Base New Orleans, 4640 Urquhart Street, New Orleans, Louisiana, 70117-4698, United States
ZIP Code: 70117-4698
Solicitation Number: HSCG29-16-Q-PMV068
Archive Date: 12/9/2015
Point of Contact: Alvin Young, Phone: 504-253-4526, Clarence Henshaw, Phone: 5042534509
E-Mail Address: alvin.young@uscg.mil, Clarence.HenshawJr@uscg.mil
(alvin.young@uscg.mil, Clarence.HenshawJr@uscg.mil)
Small Business Set-Aside: Total Small Business
Description: QUESTIONAIRE WAGE RATES SCOPE OF WORK SF-18 NOTICE FOR FILING AGENCY PROTESTS United States Coast Guard Ombudsman Program It is the policy of the United States Coast Guard (USCG) to issue solicitations and make contract awards in a fair and timely manner. The Ombudsman Program for Agency Protests (OPAP) was established to investigate agency protest issues and resolve them without expensive and time-consuming litigation. OPAP is an independent reviewing authority that is empowered to grant a prevailing protester essentially the same relief as the Government Accountability Office (GAO). Interested parties are encouraged to seek resolution of their concerns within the USCG as an Alternative Dispute Resolution (ADR) forum rather than filing a protest with the GAO or some external forum. Interested parties may seek resolution of their concerns informally or opt to file a formal agency protest with the Contracting Officer or Ombudsman. Informal Forum with the Ombudsman. Interested parties who believe a specific USCG procurement is unfair or otherwise defective should first direct their concerns to the applicable Contracting Officer. If the Contracting Officer is unable to satisfy their concerns, interested parties are encouraged to contact the U.S. Coast Guard Ombudsman for Agency Protests. Under this informal process the agency is not required to suspend contract award performance. Use of an informal forum does not suspend any time requirement for filing a protest with the agency or other forum. In order to ensure a timely response, interested parties should provide the following information to the Ombudsman: solicitation/contract number, contracting office, Contracting Officer, and solicitation closing date (if applicable). Formal Agency Protest with the Ombudsman. Prior to submitting a formal agency protest, protesters must first use their best efforts to resolve their concerns with the Contracting Officer through open and frank discussions. If the protester's concerns are unresolved, an Independent Review is available by the Ombudsman. The protester may file a formal agency protest to either the Contracting Officer or as an alternative to that, the Ombudsman under the OPAP program. Contract award or performance will be suspended during the protest period unless contract award or performance is justified, in writing, for reasons of unusual and compelling urgency or is determined in writing to be in the best interest of the Government. The agency's goal is to resolve protests in less than 35 calendar days from the date of filing. Protests shall include the information set forth in FAR 33.103(d) (2). If the protester fails to submit the required information, resolution of the protest may be delayed or the protest may be dismissed. To be timely protests must be filed within the period specified in FAR 33.103(e). Formal protests filed under the OPAP program should be submitted to OPAP@uscg.mil or by hand delivery to the Contracting Officer. The Ombudsman Hotline telephone number is 202.372.3695. &emsp; &emsp; The contractor bid price(s) shall be all inclusive to provide for all labor, material, supplies, transportation, supervision and all other necessary items for a complete and usable project, performing all work in a workman like manner in complete compliance with all plans, drawings, and specifications which are contained in this solicitation.. Item No. Description of Services Qty Unit Amount Location: USCGC FORCECOM ARMORY NEW ORLEANS, 4023 MAIN ST BELLE CHASSE LA 70037 01 FABRICATE, INSTALL AND TEST REPLACEMENT AIR CONDITIONING SYSTEMS. 02 1 JB tiny_mce_marker_______ TOTAL:tiny_mce_marker______________________ - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT C.1 Scope of Work - COMMSTA New Orleans Armory/Assist Building HVAC System Replacement. See Attached. - INSPECTION AND ACCEPTANCE CONSTRUCTION E.1 CONTRACTOR DAILY REPORTING REQUIREMENT Contractor is not required to prepare a daily report. E.2 CONTRACTING OFFICER'S REPRESENTATIVE A Contracting Officer's Representative (COR) for the purpose of representing the Contracting Officer and assuring contractor compliance with the contract requirements, will be appointed. The COR is authorized to issue notices regarding noncompliance with contract requirements, and to stop work on any portion of the job if the contractor's methods cause unsafe conditions or will result in noncompliance work which would be impracticable to correct or to replace while permitting other (conforming) portions of the work to continue. Issuing of a Notice of Noncompliance as described herein does not constitute a suspension of work as described in FAR Clause 52.242-14, Suspension of Work. E.3 FINAL INSPECTION Final inspection, acceptance and cleanup of the project site are to be completed before the contract completion date. Final inspection and acceptance of the work will be by the COR. - DELIVERIES OR PERFORMANCE F.1 FAR 52.211-10 COMMENCEMENT, PROSECUTION AND COMPLETION OF WORK (APR 1984) The Contractor shall be required to commence work under this contract within 60 CALENDAR DAYS after notice to preceed award and complete all the work not later than 20 CALENDAR DAYS after receiving award or NTP. The time specified for completion shall include final cleanup of the premises. - CONTRACT ADMINISTRATION DATA G.1 CONTRACT ADMINISTRATION Contracting Officer means a person with the authority to enter into, administer and/or terminate contracts and make related determinations and findings. The Contracting Officer signs all contractual documents, approves and signs all modifications to contracts, processes and approves payment requests, review and makes final decisions on contractual discrepancies, and administers the contract. The Contracting Officer is the only authorized individual to make changes to a contract. G.2 ADDRESS OF CORRESPONDENCE All correspondence, unless otherwise specified, shall be directed to the following address: Overnight Mail Address and U.S. Mail Address: USCG Base New Orleans Procurement & Contracting 1790 Saturn Blvd New Orleans, LA. 70129 Telephone Numbers: Commercial: 504-253-4526 FAX: 504-2534551 Office hours: M-F 0700 - 1530 CST Except Federal Holidays NOTE: Please include the Contract or Solicitation Number on all correspondence. G.4 INVOICING REQUIREMENTS a. Invoices shall be prepared and submitted IAW the provisions of FAR 52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS b. Send a copy of the invoice to the address listed in block 05 c. When submitting invoice to address listed in block 21, make sure to include you DUNS#________________ Contractors are directed to contact the U.S. Coast Guard Finance Center Customer Service at 757-523-6940 or toll-free 800-564-5504, concerning payment information. Website: https://www.fincen.uscg.mil G.5 METHOD OF PAYMENT SYSTEM FOR AWARD MANAGEMENT (SAM) In accordance with FAR Clause 52.232-33, PAYMENT BY ELECTRONIC FUNDS TRANSFER - SYSTEM FOR AWARD MANAGEMENT (JUL 2013), as contained in Section I, Contract Clauses, the Government shall make payment to the Contractor using the EFT information contained in the System for Award Management ( SAM ) database. In the event that the EFT information changes, the Contractor shall be responsible for providing the updated information to the SAM database. The Government may make payment by EFT through either the Automated Clearing House (ACH) network, subject to the rules of the National Automated Clearing House Association, or the Fedwire Transfer System. The rules governing Federal payments through the ACH are contained in 31 CFR part 210. For Registration Assistance: SAM Customer Service Contact Information US Calls: 866-606-8220 International Calls: 334-206-7828 DSN: 866-606-8220 Websites: http://www.sam.gov ; http://www.FSD.gov G.6 CERTIFICATION OF PAYMENTS-RELEASE OF CLAIM The Contractor, prior to receiving a progress or final payment under this contract, shall submit to the Contracting Officer a certification that the contractor has made payment from proceeds of prior payments, or that he will make timely payment from the proceeds of the progress of final payment then due him, to their subcontractors and suppliers in accordance with his contractual arrangements. The Contractor shall submit to the Contracting Officer, together with his request for final payment, a properly executed Contractor's Release, DHS Form 700-03. Failure to submit this completed release shall result in delay of final payment. SPECIAL CONTRACT REQUIREMENTS H-1. EMPLOYMENT REPORTS ON DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA (ALL CONTRACTORS HOLDING CONTRACTS OF $10,000 OR MORE) All contractors holding federal contracts of $10,000 or more are required by federal regulation to report at least annually to the U.S. Department of Labor. Further information and necessary forms can be obtained by writing to: U.S. Department of Labor Office of Veterans' Employment & Training 649 Monroe St. Montgomery, AL 36131-2279 H-4. MODIFICATION PROPOSALS - PRICE BREAKDOWN (a) The Contractor shall furnish a price breakdown, itemized as required and within the time specified by the Contracting Officer, with any proposal for a contract modification. (b) The price breakdown-- 1. Must include sufficient detail to permit an analysis of profit, and of all costs for-- (i) Material (ii) Labor (iii) Equipment (iv) Subcontracts (v) Overhead; and 2. Must cover all work involved in the modification, whether the work was deleted, added or changed. (c) The contractor shall provide similar price breakdown to support any amounts claimed for subcontracts. (d) The contractor's proposal shall include a justification for any time extension proposed. - CONTRACT CLAUSES CONSTRUCTION THE FOLLOWING CLAUSES ARE INCORPORATED BY REFERENCE: FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES 52.204-7 SYSTEM FOR AWARD MANAGEMENT (JUL 2013) 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011) 52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS (MAY 2012) 52.211-18 VARIATION IN ESTIMATED QUANTITY (APR 1984) 52.213-4 TERMS AND CONDITIONS-SIMPLIFIED ACQUISITIONS (OTHER THAN COMMERCIAL ITEMS) (JAN 2014) (a)(2)(ii - iv) DELETED (c) FAR 52.252-2, Clauses Incorporated by Reference (Feb 1998). This contract incorporates one or more clauses 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. Also, the full text of a clause may be accessed electronically at this/these address(es): http://www.farsite.hill. ar 52.219-3 NOTICE OF HUBZONE SET-ASIDE OR SOLE SOURCE AWARD (NOV 2011) 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV 2011) 52.219-14 LIMITATIONS ON SUBCONTRACTING (NOV 2011) 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REPRESENTATION (JUL 2013) 52.222-3 Convict Labor (June 2003 52.222-6 DAVIS-BACON ACT (JULY 2005) 52.222-7 WITHHOLDING OF FUNDS (FEB 1988) 52.222-8 PAYROLLS AND BASIC RECORDS (JUNE 2010) 52.222-9 APPRENTICES AND TRAINEES (JULY 2005) 52.222-10 COMPLIANCE WITH COPELAND ACT REQUIREMENTS (FEB 1988) 52.222-11 SUBCONTRACTS (LABOR STANDARDS) (JULY 2005) 52.222-12 CONTRACT TERMINATION-DEBARMENT (FEB 1988) 52.222-13 COMPLIANCE WITH DAVIS-BACON AND RELATED ACT REGULATIONS (FEB 1988) 52.222-14 DISPUTES CONCERNING LABOR STANDARDS (FEB 1988) 52.222-15 CERTIFICATION OF ELIGIBILITY (FEB 1988) 52.222-26 EQUAL OPPORTUNITY (APR 2015) (E.O.) 11246) 52.222-27 AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR CONSTRUCTION (FEB 1999) 52.222-50 COMBATING TRAFFICKING IN PERSONS 52.223-1 BIOBASED PRODUCT CERTIFICATION (MAY 2012) 52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS 52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (JAN 1997) - ALTERNATE I (JAN 1997) 52.223-12 REFRIGERATION EQUIPMENT AND AIR CONDITIONS (MAY 1995) 52.223-17 AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED ITEMS IN SERVICE AND CONSTRUCTION CONTRACTS (MAY 2008) 52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (AUG 2011) 52.225-13 Restrictions on Certain Foreign Purchases (Jun 2008) (FAC 2005-07) 52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (SEP 2002) 52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (JUL 2013) 52.232-1 PAYMENTS 52.232-25 PROMPT PAYMENT (FEB 2002) 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURHCASES 52.236-5 MATERIAL AND WORKMANSHIP (APR 1984) 52.236-7 PERMITS AND RESPONSIBILITIES (NOV 1991) 52.236-9 PROTECTION OF EXISTING VEGETATION, STRUCTURE, EQUIPMENT, UTILITIES, AND IMPROVEMENTS (APR 1984) 52.236-12 CLEANING UP (APR 1984) 52.236-13 ACCIDENT PREVENTION - ALTERNATE I (NOV 1991) 52.236-14 AVAILABILITY AND USE OF UTILITY SERVICES (APR 1984). Water. Electric 52.236-17 LAYOUT OF WORK (APR 1984) 52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (FEB 1997) 52.242-14 SUSPENSION OF WORK (APR 1984) 52.243-5 CHANGES AND CHANGED CONDITIONS (APR 1984) 52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996) 52.246-21 WARRANTY OF CONSTRUCTION (MAR 1994 52.249-10 Default (Fixed-Price Construction) (Apr 1984) DEPARTMENT OF HOMELAND SECURITY REGULATION (48 CFR CHAPTER 30) CLAUSES 3052.211-71 INDEX FOR SPECIFICATIONS (DEC 2003) 3052.222-70 STRIKES OR PICKETING AFFECTING TIMELY COMPLETION OF THE CONTRACT WORK (DEC 2003) 3052.222-71 STRIKES OR PICKETING AFFECTING ACCESS TO A DHS FACILITY (DEC 2003) 3052.223-90 ACCIDENT AND FIRE REPORTING (DEC 2003) 3052.242-72 CONTRACTING OFFICER'S TECHNICAL REPRESENTATIVE (DEC 2003) IN ADDITION TO THE ABOVE CLAUSE INCORPORATED BY REFERENCE, THE FOLLOWING CLAUSES ARE APPLICABLE TO THE RFQ AND RESULTING CONTRACT: 52.225-9 BUY AMERICAN ACT-CONSTRUCTION MATERIALS (SEPT 2010) (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 section 3 of the Shipping Act of 1984 ( 46 U.S.C. App. 1702), 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- (3) 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 (4) 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 non-availability 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 the Buy American Act (41 U.S.C. 10a - 10d) by providing a preference for domestic construction material. In accordance with 41 U.S.C. 431, the component test of the Buy American Act 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: _____None___________________________________________ (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 Act 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 Act applies, use of foreign construction material is noncompliant with the Buy American Act. (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)* Item 1: Foreign construction material _______ _______ _______ Domestic construction material _______ _______ _______ Item 2: _______ _______ _______ Foreign construction material _______ _______ _______ Domestic construction material [List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.] [Include other applicable supporting information.] [* Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).] 52.232-99 PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS SUBCONTRACTORS (DEVIATION) (AUG 2012) This clause implements the temporary policy provided by OMB Policy Memorandum M-12-16, Providing Prompt Payment to Small Business Subcontractors, dated July 11, 2012. (a) Upon receipt of accelerated payments from the Government, the contractor is required to make accelerated payments to small business subcontractors to the maximum extent practicable after receipt of a proper invoice and all proper documentation from the small business subcontractor. (b) Include the substance of this clause, including this paragraph (b), in all subcontracts with small business concerns. (c) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act. (End of clause) LIST OF ATTACHMENTS REQUEST FOR QUOTE STATEMENT OF WORK WAGE DETERMINATION: LA150056 11/06/2015 LA56 SEE ATTACHED REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS THE ESTIMATED PRICE RANGE OF THIS REQUIREMENT IS $ <$30K 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) This contract incorporates one or more provisions by reference, with the same force and effect as if it was given in full text. Upon request, the Contracting Officer will make full text available. Also, the full text of a provision may be assessed electronically at this/these address(es): http://www.arnet.gov/far/ THE FOLLOWING PROVISIONS ARE INCORPORATED BY REFERENCE: 52.211-6 BRAND NAME OR EQUAL (AUG 1999) 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999) (b) Goals for minority participation for each trade is 71% Goals for female participation for each trade is 6.9% (e) As used in this notice, and in any contract resulting from this, solicitation the "covered area" is Hickman, KY. Hickman County 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995 (b) Site visits may be arranged during normal duty hours by contacting: POC: Waranius, Matthew E LT at (504) 253-4563 Reaves, Phillip C MAT3 at (504) 253-4504 IN ADDITION TO THE ABOVE PROVISIONS INCORPORATED BY REFERENCE, THE FOLLOWING PROVISION ARE APPLICABLE TO THE SOLICITATION AND RESULTING CONTRACT: FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) PROVISIONS 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JUL 2013) (a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 238220. (2) The small business size standard is $¬¬¬14.0M. (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 clause at 52.204-7, System of Award Management, is included in this solicitation, paragraph (d) of this provision applies. (2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes: [ ] (i) Paragraph (d) applies. [ ] (ii) 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 ORCA 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) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the clause at 52.204-7, Central Contractor Registration. (iv) 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. (v) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations-Representation. This provision applies to solicitations using funds appropriated in fiscal years 2008, 2009, 2010, or 2012. vi) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold. (vii) 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. (viii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government. (ix) 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. (x) 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. (xi) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity. (xii) 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. (xiii) 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. (xiv) 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. (xv) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA-designated items. (xvi) 52.225-2, Buy American Act Certificate. This provision applies to solicitations containing the clause at 52.225-1. (xvii) 52.225-4, Buy American Act-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 $77,494, the provision with its Alternate II applies. (D) If the acquisition value is $77,494 or more but is less than $100,000, the provision with its Alternate III applies. (xviii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5. (xix) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan-Certification. This provision applies to all solicitations. (xx) 52.225-25, Prohibition on Contracting with Entities Engaging in Sanctioned Activities Relating to Iran-Representation and Certification. This provision applies to all solicitations. (xxi) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to- The following certifications are applicable as indicated by the Contracting Officer: [Contracting Officer check as appropriate.] __(i) 52.219-22, Small Disadvantaged Business Status. __ (A) Basic. __ (B) Alternate I. __ (ii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products. __ (iii) 52.222-48, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment Certification. __ (iv) 52.222-52, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Certification. __ (v) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Alternate I only). __ (vi) 52.227-6, Royalty Information. __ (A) Basic. __(B) Alternate I. __ (vii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software. (d) The offeror has completed the annual representations and certifications electronically via the Online Representations and Certifications Application (ORCA) website accessed through https://www.acquisition.gov. After reviewing the ORCA 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 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 ORCA. (End of provision) 52.222-5 DAVIS -BACON ACT - SECONDARY SITE OF THE WORK (JUL 2005) (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, Davis-Bacon Act, 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. (End of Provision) 52.225-10 NOTICE OF BUY AMERICAN ACT REQUIREMENT- CONSTRUCTION MATERIALS (FEB 2009) (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 Act-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 Act 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 Act 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 Act, 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 non-responsive if this acquisition is conducted by sealed bidding; or (ii) May be accepted if revised during negotiations. (End of Provision) 3052.209-70 PROHIBITION ON CONTRACTS WITH CORPORATE EXPATRIATES (JUN 2006) (a) Prohibitions. Section 835 of the Homeland Security Act, 6 U.S.C. 395, prohibits the Department of Homeland Security from entering into any contract with a foreign incorporated entity which is treated as an inverted domestic corporation as defined in this clause, or with any subsidiary of such an entity. The Secretary shall waive the prohibition with respect to any specific contract if the Secretary determines that the waiver is required in the interest of national security. (b) Definitions. As used in this clause: Expanded Affiliated Group means an affiliated group as defined in section 1504(a) of the Internal Revenue Code of 1986 (without regard to section 1504(b) of such Code), except that section 1504 of such Code shall be applied by substituting `more than 50 percent' for `at least 80 percent' each place it appears. Foreign Incorporated Entity means any entity which is, or but for subsection (b) of section 835 of the Homeland Security Act, 6 U.S.C. 395, would be, treated as a foreign corporation for purposes of the Internal Revenue Code of 1986. Inverted Domestic Corporation. A foreign incorporated entity shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions)- (1) The entity completes the direct or indirect acquisition of substantially all of the properties held directly or indirectly by a domestic corporation or substantially all of the properties constituting a trade or business of a domestic partnership; (2) After the acquisition at least 80 percent of the stock (by vote or value) of the entity is held- (i) In the case of an acquisition with respect to a domestic corporation, by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation; or (ii) In the case of an acquisition with respect to a domestic partnership, by former partners of the domestic partnership by reason of holding a capital or profits interest in the domestic partnership; and (3) The expanded affiliated group which after the acquisition includes the entity does not have substantial business activities in the foreign country in which or under the law of which the entity is created or organized when compared to the total business activities of such expanded affiliated group. Person, domestic, and foreign have the meanings given such terms by paragraphs (1), (4), and (5) of section 7701(a) of the Internal Revenue Code of 1986, respectively. (c) Special rules. The following definitions and special rules shall apply when determining whether a foreign incorporated entity should be treated as an inverted domestic corporation. (1) Certain stock disregarded. For the purpose of treating a foreign incorporated entity as an inverted domestic corporation these shall not be taken into account in determining ownership: (i) Stock held by members of the expanded affiliated group which includes the foreign incorporated entity; or (ii) Stock of such entity which is sold in a public offering related to an acquisition described in section 835(b)(1) of the Homeland Security Act, 6 U.S.C. 395(b)(1). (2) Plan deemed in certain cases. If a foreign incorporated entity acquires directly or indirectly substantially all of the properties of a domestic corporation or partnership during the 4-year period beginning on the date which is 2 years before the ownership requirements of subsection (b)(2) are met, such actions shall be treated as pursuant to a plan. (3) Certain transfers disregarded. The transfer of properties or liabilities (including by contribution or distribution) shall be disregarded if such transfers are part of a plan a principal purpose of which is to avoid the purposes of this section. (d) Special rule for related partnerships. For purposes of applying section 835(b) of the Homeland Security Act, 6 U.S.C. 395(b) to the acquisition of a domestic partnership, except as provided in regulations, all domestic partnerships which are under common control (within the meaning of section 482 of the Internal Revenue Code of 1986) shall be treated as a partnership. (e) Treatment of Certain Rights. (1) Certain rights shall be treated as stocks to the extent necessary to reflect the present value of all equitable interests incident to the transaction, as follows: (i) warrants; (ii) options; (iii) contracts to acquire stock; (iv) convertible debt instruments; and (v) others similar interests. (2) Rights labeled as stocks shall not be treated as stocks whenever it is deemed appropriate to do so to reflect the present value of the transaction or to disregard transactions whose recognition would defeat the purpose of Section 835. (f) Disclosure. The offeror under this solicitation represents that [Check one]: [ ] it is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003; [ ] it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108- 7001 through 3009.108-7003, but it has submitted a request for waiver pursuant to 3009.108-7004, which has not been denied; or [ ] it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108- 7001 through 3009.108-7003, but it plans to submit a request for waiver pursuant to 3009.108-7004. (g) A copy of the approved waiver, if a waiver has already been granted, or the waiver request, if a waiver has been applied for, shall be attached to the bid or proposal. (End of provision)
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