FBODaily.com | FedBizOpps: MOD | Z | Well Repair - Solicitation 1

FBO DAILY - FEDBIZOPPS ISSUE OF MAY 06, 2017 FBO #5643
MODIFICATION

Z -- Well Repair - Solicitation 1

Notice Date: 5/4/2017
Notice Type: Modification/Amendment
NAICS: 237110 — Water and Sewer Line and Related Structures Construction
Contracting Office: Department of Commerce, National Oceanic and Atmospheric Administration (NOAA), Western Acquisition Division - Boulder, 325 Broadway - MC3, Boulder, Colorado, 80305-3328, United States
ZIP Code: 80305-3328
Solicitation Number: NFFP7230-17-01653RDS
Point of Contact: RYAN STROUD, Phone: 303-497-5282
E-Mail Address: RYAN.STROUD@NOAA.GOV
(RYAN.STROUD@NOAA.GOV)
Small Business Set-Aside: Total Small Business
Description: Statement of Work Solicitation PART I - CONSTRUCTION PURCHASE ORDER CLAUSES (FIXED-PRICE) UPDATED THROUGH FAC 2005-95 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 address: https://www.acquisition.gov/far/index.html (End of Clause) CLAUSE NUMBERTITLEDATE 52.204-9Personal Identity Verification of Contractor PersonnelJAN 2011 52.204-10Reporting Executive Compensation and First-Tier Subcontract AwardsOCT 2016 52.204-13System for Award Management MaintenanceOCT 2016 52.204-19Incorporation by Reference of Representations and CertificationsDEC 2014 52.209-6Protecting The Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for DebarmentOCT 2015 52.209-10Prohibition on Contracting with Inverted Domestic CorporationsNOV 2015 52.219-6Notice of Total Small Business Set-AsideNOV 2011 52.219-13Notice of Set-Aside of OrdersNOV 2011 52.219-28Post-Award Small Business Program RerepresentationJUL 2013 52.222-3Convict LaborJUN 2003 52.222-6Construction Wage Rate RequirementMAY 2014 52.222-7Withholding of FundsMAY 2014 52.222-8Payrolls and Basic Records MAY 2014 52.222-9Apprentices and TraineesJUL 2005 52.222-10Compliance with Copeland Act RequirementsFEB 1988 52.222-11Subcontracts (Labor Standards)MAY 2014 52.222-12Contract Termination - DebarmentMAY 2014 52.222-13Compliance with Construction Wage Rate Requirements and Related Regulations MAY 2014 52.222-14Disputes Concerning Labor StandardsFEB 1988 52.222-15Certification of EligibilityMAY 2014 52.222-19Child Labor-Cooperation with Authorities and RemediesOCT 2016 52.222-21Prohibition of Segregated Facilities APR 2015 52.222-26Equal Opportunity SEPT 2016 52.222-27Affirmative Action Compliance Requirements for Construction APR 2015 52.222-36Equal Opportunity for Workers with DisabilitiesJUL 2014 52.222-50Combating Trafficking in PersonsMAR 2015 52.222-55Minimum Wages Under Executive Order 13658DEC 2015 52.223-5Pollution Prevention and Right-to-Know Information (Alternate I) (AUG 2003) May 2011 52.223-18Contractor Policy to Ban Text Messaging While Driving AUG 2011 52.225-13Restrictions on Certain Foreign PurchasesJUNE 2008 52.227-4Patent Indemnity-Construction ContractsDEC 2007 52.228-5Insurance--Work on a Government InstallationJAN 1997 52.228-14Irrevocable Letter of Credit NOV 2014 52.232-5Payments under Fixed Price Construction ContractsMAY 2014 52.232-23Assignment of ClaimsMAY 2014 52.232-27Prompt Payment for Construction ContractsJAN 2017 52.232-33Payment by Electronic Funds Transfer--Central Contractor RegistrationJUL 2013 52.232-39Unenforceability of Unauthorized ObligationsJUN 2013 52.232-40Providing Accelerated Payments to Small Business SubcontractorsDEC 2013 52.233-1Disputes (Alternate I--DEC 1991)MAY 2014 52.233-3Protest After AwardAUG 1996 52.233-4Applicable Law for Breach of Contract ClaimOCT 2004 52.236-2Differing Site ConditionsAPR 1984 52.236-3Site Investigation and Conditions Affecting the WorkAPR 1984 52.236-5Material and WorkmanshipAPR 1984 52.236-6Superintendence by the ContractorAPR 1984 52.236-7Permits and ResponsibilitiesNOV 1991 52.236-8Other ContractsAPR 1984 52.236-9Protection of Existing Vegetation, Structures, Equipment, Utilities, and ImprovementsAPR 1984 52.236-10Operations and Storage AreasAPR 1984 52.236-11Use and Possession Prior to CompletionAPR 1984 52.236-12Cleaning UpAPR 1984 52.236-13Accident Prevention (Alternate I) (NOV 1991) NOV 1991 52.236-14Availability and Use of Utility Services APR 1984 52.242-14Suspension of WorkAPR 1984 52.243-5Changes and Changed ConditionsAPR 1984 52.246-12Inspection of ConstructionAUG 1996 52.246-21Warranty of ConstructionMAR 1994 52.249-1Termination for Convenience of the Government (Fixed-Price) (Short Form)APR 1984 52.249-10Default (Fixed-Price Construction)APR 1984 52.253-1Computer Generated FormsJAN 1991 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN2017) 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- (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 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 FAR12.505(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: The following articles have been determined to be nonavailable in accordance with FAR 25.104: Acetylene, black Agar, bulk Anise Antimony, as metal or oxide Asbestos, amosite, chrysotile, and crocidolite Bauxite Bephenium hydroxynapthoate Bismuth Books, trade, text, technical, or scientific; newspapers; pamphlets; magazines; periodicals; printed briefs and films; not printed in the United States and for which domestic editions are not available Cadmium, ores and flue dust Calcium cyanamide Chalk, English Chrome ore or chromite Cinchona bark Cobalt, in cathodes, rondelles, or other primary ore and metal forms Colchicine alkaloid, raw Copra Cork, wood or bark and waste Cover glass, microscope slide Crane rail (85-pound per foot) Cryolite, natural Dammar gum Diamonds, industrial, stones and abrasives Emetine, bulk Ergot, crude Erythrityl tetranitrate Fibers of the following types: abaca, abace, agave, coir, flax, jute, jute burlaps, palmyra, and sisal Goat and kidskins Goat hair canvas Graphite, natural, crystalline, crucible grade Hand file sets (Swiss pattern) Hemp yarn Hyoscine, bulk Ipecac, root Iodine, crude Kaurigum Lac Leather, sheepskin, hair type Lavender oil Manganese Menthol, natural bulk Mica Microprocessor chips (brought onto a Government construction site as separate units for incorporation into building systems during construction or repair and alteration of real property) Modacrylic fiber Nickel, primary, in ingots, pigs, shots, cathodes, or similar forms; nickel oxide and nickel salts Nitroguanidine (also known as picrite) Nux vomica, crude Oiticica oil Petroleum, crude oil, unfinished oils, and finished products Platinum and related group metals, refined, as sponge, powder, ingots, or cast bars Quartz crystals Quebracho Quinidine Rabbit fur felt Radium salts, source and special nuclear materials Rubber, crude and latex Rutile Santonin, crude Secretin Shellac Silk, raw and unmanufactured Spare and replacement parts for equipment of foreign manufacture, and for which domestic parts are not available Talc, block, steatite Tantalum Thread, metallic (gold) Tin in bars, blocks, and pigs Triprolidine hydrochloride Tungsten Wax, carnauba Wire glass Woods; logs, veneer, and lumber of the following species: Alaskan yellow cedar, angelique, balsa, ekki, greenheart, lignum vitae, mahogany, and teak Yarn, 50 Denier rayon ________________________________________________ [Contracting Officer to list applicable excepted materials or indicate "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 statute 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 statute 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 statute. (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 DescriptionUnit of MeasureQuantityPrice (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).] FAR 52.228-13 Alternative Payment Protections (JULY 2000) (a) The Contractor shall submit one of the following payment protections: -Irrevocable Letter of Credit -Payment Bond (b) The amount of the payment protection shall be 100 percent of the contract price. (c) The submission of the payment protection is required within seven (7) days of contract award. (d) The payment protection shall provide protection for the full contract performance period plus a one-year period. (e) Except for escrow agreements and payment bonds, which provide their own protection procedures, the Contracting Officer is authorized to access funds under the payment protection when it has been alleged in writing by a supplier of labor or material that a nonpayment has occurred, and to withhold such funds pending resolution by administrative or judicial proceedings or mutual agreement of the parties. (f) When a tripartite escrow agreement is used, the Contractor shall utilize only suppliers of labor and material that signed the escrow agreement. (End of clause) CAR 1352.201-70 Contracting Officer's Authority (April 2010) The Contracting Officer is the only person authorized to make or approve any changes in any of the requirements of this contract and notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely in the Contracting Officer. In the event the Contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract terms and conditions, including price. CAR 1352.201-72 Contracting Officer's Representative (COR) (April 2010) (a) TBD is hereby designated as the Contracting Officer's Representative (COR). The COR may be changed at any time by the Government without prior notice to the contractor by a unilateral modification to the contract. The COR is located at: TBD (b) The responsibilities and limitations of the COR are as follows: (1) The COR is responsible for the technical aspects of the contract and serves as technical liaison with the contractor. The COR is also responsible for the final inspection and acceptance of all deliverables and such other responsibilities as may be specified in the contract. (2) The COR is not authorized to make any commitments or otherwise obligate the Government or authorize any changes which affect the contract price, terms or conditions. Any contractor request for changes shall be referred to the Contracting Officer directly or through the COR. No such changes shall be made without the express written prior authorization of the Contracting Officer. The Contracting Officer may designate assistant or alternate COR(s) to act for the COR by naming such assistant/alternate(s) in writing and transmitting a copy of such designation to the contractor. (End of clause) CAR 1352.209-73 Compliance with the Laws (April 2010) The contractor shall comply with all applicable laws, rules and regulations which deal with or relate to performance in accord with the terms of the contract. (End of clause) CAR 1352.209-74 Organizational Conflict of Interest (APR 2010) (a) Purpose. The purpose of this clause is to ensure that the contractor and its subcontractors: (1) Are not biased because of their financial, contractual, organizational, or other interests which relate to the work under this contract, and (2) Do not obtain any unfair competitive advantage over other parties by virtue of their performance of this contract. (b) Scope. The restrictions described herein shall apply to performance or participation by the contractor, its parents, affiliates, divisions and subsidiaries, and successors in interest (hereinafter collectively referred to as "contractor") in the activities covered by this clause as a prime contractor, subcontractor, co-sponsor, joint venturer, consultant, or in any similar capacity. For the purpose of this clause, affiliation occurs when a business concern is controlled by or has the power to control another or when a third party has the power to control both. (c) Warrant and Disclosure. The warrant and disclosure requirements of this paragraph apply with full force to both the contractor and all subcontractors. The contractor warrants that, to the best of the contractor's knowledge and belief, there are no relevant facts or circumstances which would give rise to an organizational conflict of interest, as defined in FAR Subpart 9.5, and that the contractor has disclosed all relevant information regarding any actual or potential conflict. The contractor agrees it shall make an immediate and full disclosure, in writing, to the Contracting Officer of any potential or actual organizational conflict of interest or the existence of any facts that may cause a reasonably prudent person to question the contractor's impartiality because of the appearance or existence of bias or an unfair competitive advantage. Such disclosure shall include a description of the actions the contractor has taken or proposes to take in order to avoid, neutralize, or mitigate any resulting conflict of interest. (d) Remedies. The Contracting Officer may terminate this contract for convenience, in whole or in part, if the Contracting Officer deems such termination necessary to avoid, neutralize or mitigate an actual or apparent organizational conflict of interest. If the contractor fails to disclose facts pertaining to the existence of a potential or actual organizational conflict of interest or misrepresents relevant information to the Contracting Officer, the Government may terminate the contract for default, suspend or debar the contractor from Government contracting, or pursue such other remedies as may be permitted by law or this contract. (e) Subcontracts. The contractor shall include a clause substantially similar to this clause, including paragraphs (f) and (g), in any subcontract or consultant agreement at any tier expected to exceed the simplified acquisition threshold. The terms "contract," "contractor," and "Contracting Officer" shall be appropriately modified to preserve the Government's rights. (f) Prime Contractor Responsibilities. The contractor shall obtain from its subcontractors or consultants the disclosure required in FAR Part 9.507-1, and shall determine in writing whether the interests disclosed present an actual, or significant potential for, an organizational conflict of interest. The contractor shall identify and avoid, neutralize, or mitigate any subcontractor organizational conflict prior to award of the contract to the satisfaction of the Contracting Officer. If the subcontractor's organizational conflict cannot be avoided, neutralized, or mitigated, the contractor must obtain the written approval of the Contracting Officer prior to entering into the subcontract. If the contractor becomes aware of a subcontractor's potential or actual organizational conflict of interest after contract award, the contractor agrees that the Contractor may be required to eliminate the subcontractor from its team, at the contractor's own risk. (g) Waiver. The parties recognize that this clause has potential effects which will survive the performance of this contract and that it is impossible to foresee each circumstance to which it might be applied in the future. Accordingly, the contractor may at any time seek a waiver from the Head of the Contracting Activity by submitting such waiver request to the Contracting Officer, including a full written description of the requested waiver and the reasons in support thereof. (End of clause) CAR 1352.215-72 Inquiries (APR 2010) Offerors must submit all questions concerning this solicitation in writing to ¬¬Ryan Stroud at ryan.stroud@noaa.gov. Questions should be received no later than ___seven (7)__ calendar days after the issuance date of this solicitation. Any responses to questions will be made in writing, without identification of the questioner, and will be included in an amendment to the solicitation. Even if provided in other form, only the question responses included in the amendment to the solicitation will govern performance of the contract. (End of clause) Quotes are required to be received in the contracting office no later than 5 P.M. MST on May 19, 2017. All quotes must be emailed or faxed to the attention of Ryan Stroud. The email address is ryan.stroud@noaa.gov, and the fax number is (303) 497-3163. CAR 1352.246-70 Place of Acceptance (April 2010) (a)The Contracting Officer or the duly authorized representative will perform inspection and acceptance of supplies and services to be provided under this contract. (b)The place of acceptance will be: Burley Creek Hatchery Port Orchard, WA 98366 (End of clause) CAR 1352.270-70 Period of Performance (APR 2010) The base period of performance of this contract is from the date of the award through October 1, 2017. If an option is exercised, the period of performance shall be extended through the end of that option period. (End of clause) 1352.237-71 Security processing requirements-low risk contracts (APR 2010) 1352.233-70 Agency Protests (Apr 2010) (a) An agency protest may be filed with either: (1) the contracting officer, or (2) at a level above the contracting officer, with the appropriate agency Protest Decision Authority. See 64 Fed. Reg. 16,651 (April 6, 1999) (b) Agency protests filed with the Contracting Officer shall be sent to the following address: Clifford Edwards Contracting Officer Western Acquisitions Division 325 Broadway, SOU6 Boulder, CO 80305-3328 FAX: 303-497-3163 (c) Agency protests filed with the agency Protest Decision Authority shall be sent to the following address: Barry Berkowitz Senior Procurement Executive and Director, Office of Acquisition Management U.S. Department of Commerce Room 6422 Herbert C. Hoover Building 14th Street and Constitution Avenue, N.W. Washington DC 20230 FAX: 202-482-1711 (d) A complete copy of all agency protests, including all attachments, shall be served upon the Contract Law Division of the Office of the General Counsel within one day of filing a protest with either the Contracting Officer or the Protest Decision Authority. (e) Service upon the Contract Law Division shall be made as follows: U.S. Department of Commerce Office of the General Counsel Chief, Contract Law Division Room 5893 Herbert C. Hoover Building 14th Street and Constitution Avenue, N.W. Washington, D.C. 20230. FAX: (202) 482-5858 (End of clause) 1352.233-71 GAO and Court of Federal Claims protests (Apr 2010) (a) A protest may be filed with either the Government Accountability Office (GAO) or the Court of Federal Claims unless an agency protest has been filed. (b) A complete copy of all GAO or Court of Federal Claims protests, including all attachments, shall be served upon (i) the Contracting Officer, and (ii) the Contract Law Division of the Office of the General Counsel, within one day of filing a protest with either GAO or the Court of Federal Claims. (c) Service upon the Contract Law Division shall be made as follows: U.S. Department of Commerce Office of the General Counsel Chief, Contract Law Division Room 5893 Herbert C. Hoover Building 14th Street and Constitution Avenue, N.W. Washington, D.C. 20230. FAX: (202) 482-5858 (End of clause) &emsp; CONSTRUCTION PROVISIONS (FIXED-PRICE) FAR 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: https://www.acquisition.gov/far/index.html (End of provision) PROVISION NUMBER TITLE DATE 52.204-7System for Award Management OCT 2016 52.209-2Prohibition on Contracting with Inverted Domestic Corporations-RepresentationNOV 2015 52.215-5 Facsimile Proposals Telefax number (303) 497-3163OCT 1997 52.223-4Recovered Material Certification MAY 2008 52.236-28Preparation of Proposals - ConstructionOCT 1997 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation (JAN 2017) FAR 52.222-5 Construction Wage Rate Requirements-Secondary Site of 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. (End of provision) FAR 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 http://www.dol.gov/ofccp/TAguides/consttag.htm 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 $10,000at 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 Burley Creek Hatchery, Port Orchard, Kitsap Count, Washington. (End of provision) 52.225-10 Notice of Buy American Requirement-Construction Materials (MAY 2014) (a) Definitions. "Commercially available off-the-shelf (COTS) item," "construction material," "domestic construction material," and "foreign construction material," as used in this provision, are defined in the clause of this solicitation entitled "Buy American-Construction Materials" (Federal Acquisition Regulation (FAR) clause 52.225-9). (b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer. (c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9. (2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost. (d) Alternate offers. (1) When an offer includes foreign construction material not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material. (2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies. (3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested- (i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or (ii) May be accepted if revised during negotiations. (End of provision) CONSTRUCTION ORDER REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS (FIXED-PRICE) ***Note: Offeror must complete and return this section with quote.*** ORDER/CONTRACT NUMBER: NFFP7230-17-01653 NAME OF OFFEROR: ____________________________________ 52.204-8 Annual Representations and Certifications (JAN 2017) (1) The North American Industry Classification System (NAICS) code for this acquisition is __________________ [insert NAICS code]. (2) The small business size standard is _____________ [insert size standard]. (3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees. (b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies. (2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in the System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes: □ (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 SAM are applicable to this solicitation as indicated: (i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless- (A) The acquisition is to be made under the simplified acquisition procedures in Part 13; (B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or (C) The solicitation is for utility services for which rates are set by law or regulation. (ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000. (iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation. This provision applies to all solicitations. (iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management. (v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that- (A) Are not set aside for small business concerns; (B) Exceed the simplified acquisition threshold; and (C) Are for contracts that will be performed in the United States or its outlying areas. (vi) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations-Representation. (vii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold. (viii) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations. (ix) 52.214-14, Place of Performance-Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government. (x) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government. (xi) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas. (A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard. (B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard. (xii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas. (xiii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity. (xiv) 52.222-25, Affirmative Action Compliance.This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity. (xv) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items. (xvi) 52.222-57, Representation Regarding Compliance with Labor Laws (Executive Order 13673). This provision applies to solicitations expected to exceed $50 million which are issued from October 25, 2016 through April 24, 2017, and solicitations expected to exceed $500,000, which are issued after April 24, 2017. Note to paragraph (c)(1)(xvi): By a court order issued on October 24, 2016, 52.222-57 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, GSA, DoD and NASA will publish a document in the Federal Register advising the public of the termination of the injunction. (xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts. (xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA-designated items. (xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-Representation. This provision applies to solicitation that include the clause at 52.204-7. (xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1. (xxi) 52.225-4, Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225-3. (A) If the acquisition value is less than $25,000, the basic provision applies. (B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies. (C) If the acquisition value is $50,000 or more but is less than $77,533, the provision with its Alternate II applies. (D) If the acquisition value is $77,533 or more but is less than $100,000, the provision with its Alternate III applies. (xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5. (xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan-Certification. This provision applies to all solicitations. (xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications. This provision applies to all solicitations. (xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions. (2) The following representations or certifications are applicable as indicated by the Contracting Officer: [Contracting Officer check as appropriate.] __ (i) 52.204-17, Ownership or Control of Offeror. __ (ii) 52.204-20, Predecessor of Offeror. __ (iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products. __ (iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment- Certification. __ (v) 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Certification. __ (vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Alternate I only). __ (vii) 52.227-6, Royalty Information. __ (A) Basic. __(B) Alternate I. __ (viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software. (d) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through 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 paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. FAR Clause # Title Date Change ____________ _________ _____ _______ Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM. (End of provision)
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Place of Performance: Address: Burley Creek Hatchery, Washington, United States
Record: SN04496917-W 20170506/170504235945-e2f1e93de26c9a65fb8ad01db6d3e0da (fbodaily.com)
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