SOLICITATION
DOCUMENT
Project Description:
Moot Court Room at
The Faculty of Law, Nils, Serbia
Solicitation No. 19GE50-20-Q-0014
Regional Procurement Support Office
Giessener Strasse 30
60435 Frankfurt am Main, Germany
Page 1 of 3119GE5020Q0014
REQUEST FOR QUOTATION(THIS IS NOT AN ORDER)
THIS RFQ IS IS NOT A SMALL BUSINESS SET-ASIDEX
1. REQUEST NO.
19GE5020Q0014
2. DATE ISSUED
08/20/2020
3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT. DEF.UNDER BDSA REG. 2 AND/OR DMS REG. 1
RATING
AMERICAN CONSULATE GENERAL FRANKFURTGIESSENER STRASSE 30ATTN: RPSO60435, FRANKFURT, GERMANY
5a. ISSUED BY 6. DELIVER BY (date)01/31/2021
7. DELIVERYOTHER(See Schedule)
FOB DESTINATION X
9. DESTINATION
5b. FOR INFORMATION CALL (NO COLLECT CALLS)
a. NAME OF CONSIGNEE
NAME: David D. MachenEMAIL: [email protected]
TELEPHONE NUMBER
8. TO:
SEESEE TEXTline items
b. STREET ADDRESS
c. CITY
Multi
a. NAME b. COMPANY
c. STREET ADDRESS Contact: Duns:
d. CITY e. COUNTRY f. ZIP CODE d. STATE
XXe. ZIP CODE
00000
10. PLEASE FURNISH QUOTATIONS TO THEISSUING OFFICE IN BLOCK 5a ON ORBEFORE CLOSE OF BUSINESS (Date)
09/22/2020 15:00:00
IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, pleaseso indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay anycosts incurred in the preparation of the submission of this quotation or to contract for supplies or service. Supplies are ofdomestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Requestfor Quotation must be completed by the quoter.
11. SCHEDULE (Include applicable Federal, State and local taxes)
ITEM NO.
(a)
SUPPLIES/SERVICES
(b)
QUANTITY
(c)
UNIT
(d)
UNIT PRICE
(e)
AMOUNT
(f)
SEE LINE ITEMS SECTION
12. DISCOUNT FOR PROMPT PAYMENT
a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS
NUMBER PERCENTAGE
NOTE: Additional provisions and representations [ ] are [ X ] are not attached.
13. NAME AND ADDRESS OF QUOTER 14. SIGNATURE OF PERSON AUTHORIZED TO SIGNQUOTATION
15. DATE OFQUOTATION
a. NAME OF QUOTER
b. STREET ADDRESS 16. SIGNER
a. NAME (Type or print) b. TELEPHONE
c. COUNTY AREA CODE
d. CITY e. STATE f. ZIP CODE c. TITLE (Type or print) NUMBER
AUTHORIZED FOR LOCAL REPRODUCTIONPrevious edition not usable
STANDARD FORM 18 (REV. 6-95)Prescribed by GSA-FAR (48 CFR) 53.215-1(a)
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Table of Contents
Section Description Page Number
B Supplies or Services and Prices/Costs....................................................................................................C Descriptions/Specifications/Statement of Work.............................................................................................. 5G Contract Administration Data........................................................................................................................ 11
652.242-70 CONTRACTING OFFICER'S REPRESENTATIVE (COR) (AUG 1999)......................... 11I Contract Clauses.............................................................................................................................................11
52.204-13 System for Award Management Maintenance (Oct 2018).....................................................1152.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014)..................... 1152.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)......................1252.222-50 Combating Trafficking in Persons (Jan 2019)....................................................................... 1252.225-14 Inconsistency Between English Version and Translation of Contract (Feb 2000)................. 1252.228-3 Workers' Compensation Insurance (Defense Base Act) (July 2014)........................................1252.236-21 Specifications and Drawings for Construction (Feb 1997).................................................... 1252.242-14 Suspension of Work (Apr 1984)............................................................................................ 1252.246-21 Warranty of Construction (Mar 1994)....................................................................................1252.213-4 Terms and Conditions-Simplified Acquisitions (Other Than Commercial Items) (Jun2020)......................................................................................................................................................... 1252.236-2 Differing Site Conditions (Apr 1984)...................................................................................... 1652.236-3 Site Investigation and Conditions Affecting the Work (Apr 1984)..........................................1752.236-5 Material and Workmanship (Apr 1984)................................................................................... 1752.236-7 Permits and Responsibilities (Nov 1991).................................................................................1852.236-14 Availability and Use of Utility Services (Apr 1984)............................................................. 1852.243-5 Changes and Changed Conditions (Apr 1984).........................................................................18652.242-73 AUTHORIZATION AND PERFORMANCE (AUG 1999)................................................ 18
K Representations, Certifications, and Other Statements of Offerors or Respondents..................................... 1952.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or TransactionsRelating to Iran--Representation and Certifications (Jun 2020)..............................................................1952.204-8 Annual Representations and Certifications (Mar 2020)........................................................... 1952.204-20 Predecessor of Offeror (Jul 2016).......................................................................................... 2252.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services orEquipment (Dec 2019)............................................................................................................................. 2352.204-26 Covered Telecommunications Equipment or Services-Representation (Dec 2019)............... 24
L Instructions, Conditions, and Notices to Offerors and Respondents.............................................................2452.204-16 Commercial and Government Entity Code Reporting (Jul 2016).......................................... 2452.204-18 Commercial and Government Entity Code Maintenance (Jul 2016)......................................2452.204-22 Alternative Line Item Proposal (Jan 2017)............................................................................ 2452.204-7 System for Award Management (Oct 2018)............................................................................ 2452.214-34 Submission of Offers in the English Language (Apr 1991)...................................................25L. INSTRUCTION TO OFFERORS....................................................................................................... 26L.1. INSTRUCTIONS: PRICE QUOTE................................................................................................. 26L.2. INSTRUCTIONS: TECHNICAL QUOTE...................................................................................... 27L.3. SITE VISIT.......................................................................................................................................29L.4. PROPOSAL DUE DATE.................................................................................................................29
M Evaluation Factors for Award........................................................................................................................2952.225-17 Evaluation of Foreign Currency Offers (Feb 2000)............................................................... 30M. EVALUATION OF QUOTES........................................................................................................... 30
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Line ItemSummary
Solicitation Number:
19GE5020Q0014
Contract Number: Title: Belgrade Design-Build of MootCourtroom
Date of Solicitation:
08/20/2020
LineItem No.
Description Quantity Unit Unit Price Total Cost
001 CLIN 0001: DESIGN SERVICESDesign of Moot CourtroomsComplete multidisciplinary design and architectural plansfor the reconstruction, renovation, and conversion of twoclassrooms into moot courtrooms. The firm, fixed priceshall include all direct and indirect costs, to include butnot limited to, transportation, supplies, telephone charges,labor, and profit. Location: University of Nis Faculty ofLaw Nis Republic of SerbiaType of Contract Pricing:
Doc Ref No:
Delivery Date:FOB:
1.00 LT
002 CLIN 0002: CONSTRUCTION SERVICESConstruction/Alteration services to create MootCourtroomsTo include all labor, materials, equipment, transportation,overhead, other indirect costs, costs for insurance (otherthan DBA), and profit; Location: University of Nis Facultyof Law Nis Republic of SerbiaType of Contract Pricing:
Doc Ref No:
Delivery Date:FOB:
1.00 LT
003 CLIN 0003: Defense Base Act (DBA) InsuranceType of Contract Pricing:
Doc Ref No:
Delivery Date:FOB:
1.00 LT
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THE SCHEDULE
B.1. Contract Type
This is a firm fixed-price contract. No additional sums will be payable on account of any escalation in the cost of materials, equipment or labor, or because of the Contractor's failure to properly estimate or accurately predict the cost or difficulty of achieving the results required by this contract.
Nor will the contract price be adjusted on account of fluctuations in the currency exchange rates. Changes in the contract price or time to complete will be made only due to changes made by the Government in the work to be performed, or by delays caused by the Government, as determined and approved by the Contracting Officer.
B.2. Contract Price
The Contractor shall complete all work (including furnishing all labor, material, equipment, and services) required under this contract for the following firm fixed-price and within the time specified herein. Thisprice shall include all labor, services, materials, equipment, overhead, costs for insurance, profit, travel, DBA Insurance, and any other costs required to perform and complete all design and construction services, in accordance with the Statement of Work (SOW), drawings, specifications, and all other contract terms and conditions stated within the contract.
The cost of any materials or equipment required in conjunction with the services rendered herein shall be included in the proposed firm fixed-price.
Insurance required by FAR 52.228-3, Workers’ Compensation Insurance (Defense Base Act), shall be part of the firm fixed-price. Any costs not priced will be included in overhead and other indirect costs.
B.3. Total Contract PriceThe Offeror shall insert their total price proposal costs as follows:
CLIN Description Price
0001
Design of Moot CourtroomComplete multidisciplinary designand achitectural plans for thereconstruction, renovation, andconversion of two classrooms intomoot courtrooms;
0002 Construction/Alteration services tocreate moot courtrooms, to includeall labor, materials, equipment,transportation, overhead, otherindirect costs, costs for insurance(other than DBA), and profit;
0003 Defense Base Act Insurance (DBA)
Grand Total Contract Price CLINs001 - 003
State Currency: __________________________________________
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The offeror shall clearly identify and state the currency for all costs in their price proposal. After award, the Contractor shall invoice in and payment will be made according to the currency identified in the offerror's proposal, unless otherwise specified by the Contracting Officer.
B.4. Defense Base Act (DBA) Insurance DBA insurance is required for all United States citizens or residents and individuals hired in the United States, regardless of citizenship for any construction and services for U. S. overseas contracts over US$3,500.00. DBA insurance is also required for all Host Country Nationals (HCNs) and Third Country Nationals (TCNs) working overseas unless waved by the Department of Labor (DOL). Only the countries listed currently on the DOL’s Active DBA Waivers are not required to have DBA insurance for Host Country Nationals (HCNs) and Third Country Nationals (TCNs). See website for country waivers: https://www.dol.gov/owcp/dlhwc/dbawaivers/dbawaivers.htm). The waiver is only valid if alternative worker’s compensation benefits are provided to the waived employees pursuant to applicable local law. If there are no local worker’s compensation laws, the waiver has no effect and HCN and TCN (if applicable by local law) working under a U. S. contract shall be included and covered under the DBA.
The DBA insurance may be obtained from any authorized DBA insurance broker, see Sub-Section I.14,FAR 52.228-3 WORKER’S COMPENSATION INSURANCE (DEFENSE BASE ACT) (APR 1984). New DBA insurances policies can be purchased directly from any DOL approved insurance carrier. A list of DOL approved carriers may be found at http://www.dol.gov/owcp/dlhwc/lscarrier.htm.
The Contractor will be reimbursed for DBA only to the extent the contractor provides documentary proof that DBA has been paid and only to the extent quoted in the Pricing Schedule.
DBA insurance cost will be evaluated as part of the total evaluated fixed price and included in the fixed price of the contract. Where DBA is applicable, the Contractor will be required to provide evidence of insurance(certification of coverage and a paid invoice) within 15 calendar days from the date of award.
Serbia is not currently included on the DOL’s active waiver list, therefore DBA insurance is required for all employees working on the contract.
B.5. Value Added Tax (VAT)
The US Mission to Serbia is exempt from paying the Serbian Value Added Tax (VAT). VAT shall be excluded from the contract price.
Section C - Descriptions/Specifications/Statement of Work
C. STATEMENT OF WORK
C.1.0 INTRODUCTION The US Department of Justice (DOJ), Office of Overseas Prosecutorial Development (OPDAT) in association with the US Department of State (DOS) Bureau of International Narcotics and Law Enforcement Affairs (INL) is charged with promoting the rule-of-law internationally. As a part of that effort, a requirement exists to create a moot courtrooms for pedagogical purposes. C.2 BACKGROUND
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The outcome of this Project is to produce complete multidisciplinary design and architectural plans for thereconstruction, renovation, and conversions of two classrooms into moot court rooms at the Faculty of Law, inNis, Serbia. The design requires complete architect/engineering services to define all construction, operating,and maintenance requirements of the facilities.
C.3 DESIGN PHASEC.3.1. Deliverables: The Designer shall conduct a complete site assessment survey and provide:
1. Developed technical descriptions for each required discipline;2. Developed architectural, civil, mechanical, electrical, plumbing, and communications drawings;3. Developed furniture drawings;4. Developed priced bill of quantities; and5. Developed scope of work to be used for the construction phase of the project.
Deliverables shall be segregated for each classroom that are subject of reconstruction.
C.3.2 Design Process: The Designer shall complete the Design Phase. This will include, but is not belimited, to the following tasks to ensure the successful completion of the Project:
1. Visit the site to review, analyze, and measure the existing premises, which are subject to the Projectproposal;
2. Review the existing technical documentation at the site;3. Assess the current conditions of the existing classrooms and develop a project design plan;4. Develop the conceptual design;5. Obtain approval for the conceptual design by: (i) the INL Construction Management Analyst; (ii) the
OPDAT and INL team at the U.S. Embassy; and (iii) the Faculty;6. Develop a three-dimensional (3D) model of the conceptual design;7. Develop the main design (once the conceptual design has been approved by the INL, OPDAT and the
Faculty);8. Obtain approval from the INL/OPDAT at the U.S. Embassy and the Faculty for the main design.
All stages of the design process shall be made in close cooperation with INL, OPDAT and the Faculty as the end user. During this process, the Designer shall be required to make minimum 2 oral presentations to the INL, OPDAT and End User to occur at the completion of (1) conceptual and (2) final design.
C.4 CONSTRUCTION PHASE
The Contractor shall adhere to applicable Serbian and the International Building Codes (whichever is the most stringent) as applicable when performing the design of the modular unit. Exceptions to using the code must be requested in writing and approved by the Contracting Officer (CO) or their designated representative. Other applicable standards shown below are not all inclusive and are to be used for project design and construction as appropriate:
1. International Existing Building Code (IEBC)2. International Mechanical Code (IMC)3. International Plumbing Code (IPC)4. International Electromechanical Code (IEC)5. International Fire Code (IFC)6. National Fire Protection Association (NFPA)7. American Concrete Institute (ACI)8. Underwriters Laboratories (UL)9. American Standards for Testing and Materials (ASTM)10. American Society of Mechanical Engineers (ASME)11. ASHRAE Standard 62 – Indoor Air Quality12. Illuminating Engineering Society of North America (IESNA).
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13. American Water Works Association (AWWA)14. Manufacturer’s O&M manuals
C.7.0 Contract Deliverables
C.7.1 Trip Reports
Trip Reports (electronic) shall be in sufficient detail to identify dates, locations, points of contact,attendees, directions received, and areas of concern and salient items of interest identified at the meetingor on the trip. All minutes or trip reports shall be submitted to the COR within seven (7) working days ofcompleting the Government authorized trip. Trip reports shall be in English only.
C.7.2 Monthly Status Reports.
C.7.2.1 The Contractor shall produce Monthly Status Reports (MSRs) to the Contracting Officer’sRepresentative (COR). Reports shall include at a minimum, an executive summary, identify teampersonnel, skill levels, schedule tracking, travel conducted, any issues and recommendations and updates/changes. The MSR shall also provide a chart showing the actual work completed versus the plannedwork completed as noted on the original schedule submitted to the COR for review and approval. TheMSR is to provide information on work completed, work in progress and work outstanding, as well ashighlighting problems encountered and anticipated. Monthly progress reports shall be in English only.
C.7.2.2 Draft deliverables for the Monthly Status Report shall be submitted five (5) working daysfollowing each month to the COR. The COR will respond within five (5) working days with comments. The Contractor shall incorporate the comments within five (5) working days. For final deliverables, theCOR will either accept or reject them within five (5) working days of submission. Final MSRs shall alsobe provided to the Contracting Office.
C.7.2.3 In the event of rejection, the COR will notify the Contractor in writing of the reasons for suchrejection. Absence of notification will be construed as an acceptance.
C.7.3 Weekly Updates
Contractor shall provide weekly updates of accomplishments, plans of actions, outstanding task, problemsencountered, and solutions, recommendations for process improvements regarding assigned tasks, andfuture or projected tasks or issues. Weekly updates shall be in English only.
C.8.0 Required Design Services Refer to Section C.3.0 Scope.Design work under this contract will consist of, but will not be limited to the following
Site Assessment
1. Existing Office space requiring renovation
Design Development (60% Design)
1. Design Narrative2. Architectural Floor plans3. Furniture drawings4. Elevations
Final Design Package (95% Design)
1. Updated Design Narrative2. Floor plans3. Elevations
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4. Site/Civil5. Structural6. Mechanical7. Plumbing8. Electrical9. Communications10. Installation Details11. Installation Notes12. Recommended products13. Specifications
Bill of MaterialsStructural CalculationsMechanical Load Calculations
1. HVAC
PlumbingElectrical Calculations
1. Lighting2. Power
C.8.1 Licensing Requirements Architects need to have a university degree in architecture and a current license recognized by the Republic of Serbia. Engineers must be registered and licensed in the Republic of Serbia.
Waivers for the use of Architects and engineers licensed in countries other than the Republic of Serbia will be reviewed and approved on a case by case basis by the Contracting Officer.
Additional Architect and Engineer Requirements:- More than 10 years of experience in design and reconstruction of the public buildings;- Proven track record in working on design and reconstruction projects with the Serbian Court institutions;- Experience in working with the international environment (preferably with U.S agencies); and- Membership at the local Association of Architects would be considered an asset.
C.8.2 Planning Documents and Deliverables The Contractor shall provide the following survey and planning documents as a minimum:
1. Pre-Construcition Site Assessment2. 60% Design Development Documents3. 95% Design Documents
C.8.3 Design Submittals The Contractor shall submit the 60% and 95% design drawings and supporting documents to the COR for review, comment and approval. Comments will be incorporated into the final concept drawings presented to the COR. The documents shall be comprehensive and complete containing all of the information necessary for the government to conduct a review. C.9.0 Deliveries or Performance Schedule Documents shall be provided in both English and Serbian. One (1) hard copy shall be provided in English and the remaining copies in Serbian.Electronic copies shall be provided in both English and Serbian
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Shop drawings, site plans, etc. shall be providing in 11”x17” pdf format for review and comment, with copiesusing .dwg extension in both English and Serbian.
Deliverable Item Hard Copy Electronic Copy Due Date NotesPre-Construction SiteAssessment
N/A N/A within 14 days aftercontract award
Draft Design Submittal PhaseDraft DOCUMENTS
60% DesignDrawings/Shopdrawings/RemediationPlan
3 1 within 14 days afterSite Assessment
Government willrequire 14 days toreview 60% designsubmittals
Schedule 3 1 within 15 days aftercontract award
Provide one hard copyin Microsoft Project; 4hard copies in AdobePDF.Provide copies inSerbian/English.
Final Design Submittal PhaseFinal DOCUMENTS95% ConceptDrawings/Shop Drawings/Remediation plan
3 1 21 days afterreceiving approval of60% design
Government willrequire 14 days toreview 95% designsubmittals
Final ConstructionDocuments
3 1 7 days after receivingapproval of 95%design
Provide copies inSerbian/English
As-built 3 1 30 days after finalinspection
Include copies ofall reports, memoscorrespondence,test results, letters,invoices, productsubmittals, etc. relatedto this project to theCOR. Electroniccopy to include PDF.Format and, dwgformat for AutoCAD.Provide copies inSerbian/English.
C.9.1 Equipment and Material Purchase Upon receipt of the approved final construction documents, the Contractor shall be rquired to purchase all necessary equipment and materials and arrange for transportation and shipment to the project site within 21 calendar days after issuance of a "Pre-Construction Notice to Proceed" (PCNTP). C.10.0 Invoicing Plan
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Invoice Due date: Contractor shall submit the invoices (Original & Soft Copy) no later than the 15th calendar day of the following month (for the previous calendar months costs). Invoice Submission Process: The Contracting Officer will provide specific instruction to the contractor regarding the submission of invoices. Prompt Submission of Invoices: The Contractor must be prompt in its submission of invoices. The Government reserves the right to reject for payment any invoice that that contains costs or charges that are more than 90 calendar days old, without supporting documentation of rationale for the late submission. The Contractor shall submit a schedule of values to correspond to the invoice submittal for the respective month. Supporting documentation for reimbursement of charges shall be provided to support the invoiced amount. A revised construction schedule shall be submitted with each invoice payment request on a monthly basis. All costs and charges listed in any invoice must fall within the Period of Performance (POP) of that invoice. The Contractor shall not include any costs or charges from any dates earlier or later than the POP indicated for a particular invoice (calendar month). Invoices shall be submitted by calendar month period of performance, broken out individually by construction site and construction Divisions. C.11. QUALITY CONTROL:
1. The Government has the right to inspect and test all services, to the extent practicable at all times and places during the work. The Government may perform full time quality assurance inspections [QAI] and tests during construction to confirm the work is installed according to the Contract Documents.
2. Maintain quality control over suppliers, manufacturers, products, services, site conditions, and workmanship to produce work of specified quality.
3. Contractor shall be approved by manufacturer to perform the work for the specified guarantee period.4. All inspections and tests required by work and authorities shall be initiated and paid for by the contractor.
CI.12. STORAGE OF MATERIALS:1. Proper storage of materials is the sole responsibility of Contractor. Protect all materials susceptible
to moisture including, but not limited to, all roll goods, insulation, cant strip, wood, and plywood indry, above ground, watertight storage. Keep all labels intact and legible, clearly showing the product, manufacturer, and other pertinent information.
2. Store materials on site. Cover and protect materials subject to damage by weather, including during transit. Stored materials shall be available for inspection.
3. Store flammable and volatile liquids in sealed containers located a minimum of 20 feet from existing buildings.
4. Liquid products shall be delivered sealed, in original containers. Store rolls goods in an upright position.5. Distribute material, debris, and equipment over the roof deck to avoid damage to the structural deck. Place
materials and equipment to be stored on the roof as nearly direct over structural members as can be determined. Secure equipment, material, and debris on the roof to prevent movement by wind or other elements.
CII.13. NOTICE OF DELAY In the event the Contractor receives a notice of any change in work, or if any other conditions arise which are likely to cause or are actually causing delays which the Contractor believes may result in completion of the project after the completion date, the Contractor shall notify the Contracting Officer of the effect, if any, of such
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change or other conditions upon the approved schedule, and shall state in what respects, if any, the relevantschedule or the completion date should be revised. Such notice shall be given promptly and not more than five(5) days following the first occurrence of the event giving rise to the delay or prospective delay. Revisions tothe approved time schedule shall only be made with the approval of the Contracting Officer.
WORKING HOURSC.14.
1. Working days and hours at the project site shall be as follows:a. Monday through Friday: 8:00 AM to 5:00 PM,b. Saturday, Sunday, and Holidays: No Work
2. Actual construction work hours shall be coordinated with the COR. The COR may, upon request andif circumstances permit, approve other hours and/or work on weekends and holidays provided that noadditional costs will arise to the Government as a result thereof. All requests for special work hours shallbe made at least 24-hours in advance.
CONTRACTOR PERSONNELC.15.
1. The Contractor shall maintain discipline at the site and at all times take all reasonable precautionas toprevent any unlawful, riotous, or disorderly conduct by or amonst those employed at the site and for thepreservation of peace and protection of persons and property in the neighborhood of the project againstthe same. The COR may require, in writing, that the Contractor remove from the work site any employeethat the COR deems incompetent, careless, insubordinate or otherwise objectionable, or whose continuedemployment on the project is deemed by the COR to be contrary to the Government's interests.
2. For all contractor personnel who will be working on the jobsite, the Contractor shall submit within 15 daysafter contract award, a list of personnel assigned to this project. For each individual, the list shall includetheir full name, address, date of birth, place of birth (district and city), and nationality.
3. The COR reserves the right to deny access to any person deemed to be a security risk. The Contractorshall promptly replace any personnel whose right to work is revoked by the Government.
Section G - Contract Administration Data
652.242-70 CONTRACTING OFFICER'S REPRESENTATIVE (COR) (AUG 1999)
(a) The Contracting Officer may designate in writing one or more Government employees, by name and position title, to take action for the Contracting Officer under this contract. Each designee shall be identified as a Contracting Officer's Representative (COR). Such designation(s) shall specify the scope and limitations of the authority so delegated; provided, that the designee shall not change the terms or conditions of the contract, unless the COR is a warranted Contracting Officer and this authority is delegated in the designation. (b) The COR is [insert job title of COR] . (End of clause) The following Federal Acquisition Regulation clauses and provisions are incorporated by reference:
Section I - Contract Clauses
Clause Title Fill-ins
52.204-13 System for Award Management Maintenance (Oct 2018)
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Clause Title Fill-ins
52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014)
52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)
52.222-50 Combating Trafficking in Persons (Jan 2019)
52.225-14 Inconsistency Between English Version and Translation of Contract (Feb
2000)
52.228-3 Workers' Compensation Insurance (Defense Base Act) (July 2014)
52.236-21 Specifications and Drawings for Construction (Feb 1997)
52.242-14 Suspension of Work (Apr 1984)
52.246-21 Warranty of Construction (Mar 1994)
52.213-4 Terms and Conditions-Simplified Acquisitions (Other Than Commercial Items) (Jun 2020)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses that areincorporated by reference:
(1) The clauses listed below implement provisions of law or Executive order:
(i) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017)(section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015(Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuingresolutions)).
(ii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided byKaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).
(iii) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services orEquipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).
(iv) 52.222-3, Convict Labor (Jun 2003) (E.O. 11755).
(v) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(vi) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).
(vii) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.s, proclamations, and statutesadministered by the Office of Foreign Assets Control of the Department of the Treasury).
(viii) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).
(ix) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L. 108-77, 108-78 (19 U.S.C.3805 note)).
(2) Listed below are additional clauses that apply:
(i) 52.232-1, Payments (Apr 1984).
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(ii) 52.232-8, Discounts for Prompt Payment (Feb 2002).
(iii) 52.232-11, Extras (Apr 1984).
(iv) 52.232-25, Prompt Payment (Jan 2017).
(v) 52.232-39, Unenforceability of Unauthorized Obligations (Jun 2013).
(vi) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)
(vii) 52.233-1, Disputes (May 2014).
(viii) 52.244-6, Subcontracts for Commercial Items (Jun 2020).
(ix) 52.253-1, Computer Generated Forms (Jan 1991).
(b) The Contractor shall comply with the following FAR clauses, incorporated by reference, unless thecircumstances do not apply:
(1) The clauses listed below implement provisions of law or Executive order:
(i) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L.109-282) (31 U.S.C. 6101 note) (Applies to contracts valued at or above the threshold specified in FAR4.1403(a) on the date of award of this contract).
(ii) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Jan 2020) (E.O. 13126) (Applies tocontracts for supplies exceeding the micro-purchase threshold, as defined in FAR 2.101 on the date of award ofthis contract).
(iii) 52.222-20, Contracts for Materials, Supplies, Articles, and Equipment (Jun 2020) (41 U.S.C. chapter 65)(Applies to supply contracts over the threshold specified in FAR 22.602 on the date of award of this contract, inthe United States, Puerto Rico, or the U.S. Virgin Islands).
(iv) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212) (Applies to contracts valued at orabove the threshold specified in FAR 22.1303(a) on the date of award of this contract).
(v) 52.222-36, Equal Employment for Workers with Disabilities (Jun 2020) (29 U.S.C. 793) (Applies tocontracts over the threshold specified in FAR 22.1408(a) on the date of award of this contract, unless the workis to be performed outside the United States by employees recruited outside the United States). (For purposes ofthis clause, "United States" includes the 50 States, the District of Columbia, Puerto Rico, the Northern MarianaIslands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.)
(vi) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212) (Applies to contracts valued ator above the threshold specified in FAR 22.1303(a) on the date of award of this contract).
(vii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67) (Applies to servicecontracts over $2,500 that are subject to the Service Contract Labor Standards statute and will be performed inthe United States, District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam,the U.S. Virgin Islands, Johnston Island, Wake Island, or the outer Continental Shelf).
(viii)(A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O 13627)(Applies to all solicitations and contracts).
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(B) Alternate I (Mar 2015) (Applies if the Contracting Officer has filled in the following information withregard to applicable directives or notices: Document title(s), source for obtaining document(s), and contractperformance location outside the United States to which the document applies).
(ix) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (Applies when 52.222-6 or52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and theDistrict of Columbia)).
(x) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706) (Applies when 52.222-6or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States andthe District of Columbia.))
(xi) 52.223-5, Pollution Prevention and Right-to-Know Information (May 2011) (E.O. 13423) (Applies toservices performed on Federal facilities).
(xii) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun2016) (E.O. 13693)(applies to contracts for products as prescribed at FAR 23.804(a)(1)).
(xiii) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners(Jun 2016) (E.O. 13693) (Applies to maintenance, service, repair, or disposal of refrigeration equipment and airconditioners).
(xiv) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b) (Unlessexempt pursuant to 23.204, applies to contracts when energy-consuming products listed in the ENERGYSTAR® Program or Federal Energy Management Program (FEMP)) will be--
(A) Delivered;
(B) Acquired by the Contractor for use in performing services at a Federally-controlled facility;
(C) Furnished by the Contractor for use by the Government; or
(D) Specified in the design of a building or work, or incorporated during its construction, renovation, ormaintenance).
(xv) 52.223-20, Aerosols (Jun 2016) (E.O. 13693) (Applies to contracts for products that may contain highglobal warming potential hydrofluorocarbons as a propellant or as a solvent; or contracts for maintenance orrepair of electronic or mechanical devices).
(xvi) 52.223-21, Foams (Jun 2016) (E.O. 13693) (Applies to contracts for products that may contain high globalwarming potential hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons as a foam blowingagent; or contracts for construction of buildings or facilities.
(xvii) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 67) (Applies to contracts for supplies,and to contracts for services involving the furnishing of supplies, for use in the United States or its outlyingareas, if the value of the supply contract or supply portion of a service contract exceeds the micro-purchasethreshold, as defined in FAR 2.101 on the date of award of this contract, and the acquisition--
(A) Is set aside for small business concerns; or
(B) Cannot be set aside for small business concerns (see 19.502-2), and does not exceed $25,000).
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(xviii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792)(Applies to contracts greater than the threshold specified in FAR 26.404 on the date of award of this contract,that provide for the provision, the service, or the sale of food in the United States).
(xix) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (Oct 2013) (Applieswhen the payment will be made by electronic funds transfer (EFT) and the payment office uses the System forAward Management (SAM) as its source of EFT information).
(xx) 52.232-34, Payment by Electronic Funds Transfer--Other than System for Award Management (Jul 2013)(Applies when the payment will be made by EFT and the payment office does not use the SAM database as itssource of EFT information).
(xxi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C.App. 1241) (Applies to supplies transported by ocean vessels (except for the types of subcontracts listed at47.504(d)).
(2) Listed below are additional clauses that may apply:
(i) 52.204-21, Basic Safeguarding of Covered Contractor Information Systems (Jun 2016) (Applies to contractswhen the contractor or a subcontractor at any tier may have Federal contract information residing in ortransiting through its information system.
(ii) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred,Suspended, or Proposed for Debarment (Jun 2020) (Applies to contracts over the threshold specified in FAR9.405-2(b) on the date of award of this contract).
(iii) 52.211-17, Delivery of Excess Quantities (Sept 1989) (Applies to fixed-price supplies).
(iv) 52.247-29, F.o.b. Origin (Feb 2006) (Applies to supplies if delivery is f.o.b. origin).
(v) 52.247-34, F.o.b. Destination (Nov 1991) (Applies to supplies if delivery is f.o.b. destination).
(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):
https://acquisition.gov[Insert one or more Internet addresses]
(d) Inspection/Acceptance. The Contractor shall tender for acceptance only those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. The Government must exercise its postacceptance rights--
(1) Within a reasonable period of time after the defect was discovered or should have been discovered; and
(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect inthe item.
(e) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by anoccurrence beyond the reasonable control of the Contractor and without its fault or negligence, such as actsof God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires,
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floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers.The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after thecommencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedysuch occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officerof the cessation of such occurrence.
(f) Termination for the Government's convenience. The Government reserves the right to terminate this contract,or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediatelystop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to ceasework. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract pricereflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges thatthe Contractor can demonstrate to the satisfaction of the Government, using its standard record keeping system,have resulted from the termination. The Contractor shall not be required to comply with the cost accountingstandards or contract cost principles for this purpose. This paragraph does not give the Government any right toaudit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred thatreasonably could have been avoided.
(g) Termination for cause. The Government may terminate this contract, or any part hereof, for cause inthe event of any default by the Contractor, or if the Contractor fails to comply with any contract terms andconditions, or fails to provide the Government, upon request, with adequate assurances of future performance.In the event of termination for cause, the Government shall not be liable to the Contractor for any amount forsupplies or services not accepted, and the Contractor shall be liable to the Government for any and all rightsand remedies provided by law. If it is determined that the Government improperly terminated this contract fordefault, such termination shall be deemed a termination for convenience.
(h) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fitfor use for the particular purpose described in this contract.
(End of clause)
52.236-2 Differing Site Conditions (Apr 1984)
(a) The Contractor shall promptly, and before the conditions are disturbed, give a written notice to theContracting Officer of- (1) Subsurface or latent physical conditions at the site which differ materially from those indicated in this contract; or (2) Unknown physical conditions at the site, of an unusual nature, which differ materially from those ordinarily encountered and generally recognized as inhering in work of the character provided for in the contract. (b) The Contracting Officer shall investigate the site conditions promptly after receiving the notice. If the conditions do materially so differ and cause an increase or decrease in the Contractor's cost of, or the time required for, performing any part of the work under this contract, whether or not changed as a result of the conditions, an equitable adjustment shall be made under this clause and the contract modified in writing accordingly. (c) No request by the Contractor for an equitable adjustment to the contract under this clause shall be allowed, unless the Contractor has given the written notice required; provided, that the time prescribed in paragraph (a) of this clause for giving written notice may be extended by the Contracting Officer. (d) No request by the Contractor for an equitable adjustment to the contract for differing site conditions shall be allowed if made after final payment under this contract.
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(End of clause)
52.236-3 Site Investigation and Conditions Affecting the Work (Apr 1984)
(a) The Contractor acknowledges that it has taken steps reasonably necessary to ascertain the nature and location of the work, and that it has investigated and satisfied itself as to the general and local conditions which can affect the work or its cost, including but not limited to (1) conditions bearing upon transportation, disposal, handling, and storage of materials; (2) the availability of labor, water, electric power, and roads; (3) uncertainties of weather, river stages, tides, or similar physical conditions at the site; (4) the conformation and conditions of the ground; and (5) the character of equipment and facilities needed preliminary to and during work performance. The Contractor also acknowledges that it has satisfied itself as to the character, quality, and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection of the site, including all exploratory work done by the Government, as well as from the drawings and specifications made a part of this contract. Any failure of the Contractor to take the actions described and acknowledged in this paragraph will not relieve the Contractor from responsibility for estimating properly the difficulty and cost of successfully performing the work, or for proceeding to successfully perform the work without additional expense to the Government. (b) The Government assumes no responsibility for any conclusions or interpretations made by the Contractor based on the information made available by the Government. Nor does the Government assume responsibility for any understanding reached or representation made concerning conditions which can affect the work by any of its officers or agents before the execution of this contract, unless that understanding or representation is expressly stated in this contract. (End of clause)
52.236-5 Material and Workmanship (Apr 1984)
(a) All equipment, material, and articles incorporated into the work covered by this contract shall be new and of the most suitable grade for the purpose intended, unless otherwise specifically provided in this contract. References in the specifications to equipment, material, articles, or patented processes by trade name, make, or catalog number, shall be regarded as establishing a standard of quality and shall not be construed as limiting competition. The Contractor may, at its option, use any equipment, material, article, or process that, in the judgment of the Contracting Officer, is equal to that named in the specifications, unless otherwise specifically provided in this contract. (b) The Contractor shall obtain the Contracting Officer's approval of the machinery and mechanical and other equipment to be incorporated into the work. When requesting approval, the Contractor shall furnish to the Contracting Officer the name of the manufacturer, the model number, and other information concerning the performance, capacity, nature, and rating of the machinery and mechanical and other equipment. When required by this contract or by the Contracting Officer, the Contractor shall also obtain the Contracting Officer's approval of the material or articles which the Contractor contemplates incorporating into the work. When requesting approval, the Contractor shall provide full information concerning the material or articles. When directed to do so, the Contractor shall submit samples for approval at the Contractor's expense, with all shipping charges prepaid. Machinery, equipment, material, and articles that do not have the required approval shall be installed or used at the risk of subsequent rejection. (c) All work under this contract shall be performed in a skillful and workmanlike manner. The Contracting Officer may require, in writing, that the Contractor remove from the work any employee the Contracting Officer deems incompetent, careless, or otherwise objectionable. (End of clause)
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52.236-7 Permits and Responsibilities (Nov 1991)
The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits, and for complying with any Federal, State, and municipal laws, codes, and regulations applicable to the performance of the work. The Contractor shall also be responsible for all damages to persons or property that occur as a result of the Contractor's fault or negligence. The Contractor shall also be responsible for all materials delivered and work performed until completion and acceptance of the entire work, except for any completed unit of work which may have been accepted under the contract. (End of clause)
52.236-14 Availability and Use of Utility Services (Apr 1984)
(a) The Government shall make all reasonably required amounts of utilities available to the Contractor from existing outlets andsupplies, as specified in the contract. Unless otherwise provided in the contract, the amount of each utility service consumed shallbe charged to or paid for by the Contractor at prevailing rates charged to the Government or, where the utility is produced by theGovernment, at reasonable rates determined by the Contracting Officer. The Contractor shall carefully conserve any utilities furnishedwithout charge.
(b) The Contractor, at its expense and in a workmanlike manner satisfactory to the Contracting Officer, shall install and maintainall necessary temporary connections and distribution lines, and all meters required to measure the amount of each utility used forthe purpose of determining charges. Before final acceptance of the work by the Government, the Contractor shall remove all thetemporary connections, distribution lines, meters, and associated paraphernalia.
(End of clause)
52.243-5 Changes and Changed Conditions (Apr 1984)
(a) The Contracting Officer may, in writing, order changes in the drawings and specifications within the generalscope of the contract. (b) The Contractor shall promptly notify the Contracting Officer, in writing, of subsurface or latent physical conditions differing materially from those indicated in this contract or unknown unusual physical conditions at the site before proceeding with the work. (c) If changes under paragraph (a) or conditions under paragraph (b) increase or decrease the cost of, or time required for performing the work, the Contracting Officer shall make an equitable adjustment (see paragraph (d)) upon submittal of a "proposal for adjustment" (hereafter referred to as proposal) by the Contractor before final payment under the contract. (d) The Contracting Officer shall not make an equitable adjustment under paragraph (b) unless- (1) The Contractor has submitted and the Contracting Officer has received the required written notice; or (2) The Contracting Officer waives the requirement for the written notice.
(e) Failure to agree to any adjustment shall be a dispute under the Disputes clause. (End of clause)
652.242-73 AUTHORIZATION AND PERFORMANCE (AUG 1999)
(a) The contractor warrants the following:(1) That it has obtained authorization to operate and do business in the country or countries in which thiscontract will be performed;(2) That it has obtained all necessary licenses and permits required to perform this contract; and,
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(3) That it shall comply fully with all laws, decrees, labor standards, and regulations of said country orcountries during the performance of this contract.(b) If the party actually performing the work will be a subcontractor or joint venture partner, then suchsubcontractor or joint venture partner agrees to the requirements of paragraph (a) of this clause.(End of clause)
Section K - Representations, Certifications, and Other Statements of Offerors or Respondents
Provision Title Fill-ins
52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or
Transactions Relating to Iran--Representation and Certifications (Jun 2020)
52.204-8 Annual Representations and Certifications (Mar 2020)
(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 541410 [insertNAICS code].
(2) The small business size standard is $8,000,000 [insert size standard].
(3) The small business size standard for a concern which submits an offer in its own name, other than on aconstruction or service contract, but which proposes to furnish a product which it did not itself manufacture, is500 employees.
(b) (1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph(d) of this provision applies.
(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and theOfferor has an active registration in the System for Award Management (SAM), the Offeror may chooseto use paragraph (d) of this provision instead of completing the corresponding individual representationsand certifications in the solicitation. The Offeror shall indicate which option applies by checking one of thefollowing boxes:
__ (i) Paragraph (d) applies.
__ (ii) Paragraph (d) does not apply and the offeror has completed the individual representations andcertifications 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 afirm-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.
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(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal ConfidentialityAgreements 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 at52.204-7, System for Award Management.
(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitationsthat--
(A) Are not set aside for small business concerns;
(B) Exceed the simplified acquisition threshold; and
(C) Are for contracts that will be performed in the United States or its outlying areas.
(vi) 52.204-26, Covered Telecommunications Equipment or Services--Representation. This provision applies toall solicitations.
(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations--Representation.
(viii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where thecontract value is expected to exceed the simplified acquisition threshold.
(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Convictionunder any Federal Law. This provision applies to all solicitations.
(x) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except thosein which the place of performance is specified by the Government.
(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance isspecified by the Government.
(xii) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies tosolicitations 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 CoastGuard.
(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.
(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding andthe contract will be performed in the United States or its outlying areas.
(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that includethe clause at 52.222-26, Equal Opportunity.
(xv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those forconstruction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.
(xvi) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies tosolicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and thecontract is not for acquisition of commercial items.
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(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the deliveryor specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement ofBiobased Products Under Service and Construction Contracts.
(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specifythe use of, EPA-designated items.
(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-Representation. Thisprovision applies to solicitations that include the clause at 52.204-7.
(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at52.225-1.
(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 Iapplies.
(C) If the acquisition value is $50,000 or more but is less than $83,099, the provision with its Alternate IIapplies.
(D) If the acquisition value is $83,099 or more but is less than $100,000, the provision with its Alternate IIIapplies.
(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at52.225-5.
(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. Thisprovision applies to all solicitations.
(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or TransactionsRelating to Iran-Representation and Certifications. This provision applies to all solicitations.
(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. Thisprovision applies to solicitations for research, studies, supplies, or services of the type normally acquired fromhigher educational institutions.
(2) The following representations or certifications are applicable as indicated by the Contracting Officer:[Contracting Officer check as appropriate.]
X (i) 52.204-17, Ownership or Control of Offeror.
X (ii) 52.204-20, Predecessor of Offeror.
X (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 forMaintenance, Calibration, or Repair of Certain Equipment-Certification.
__ (v) 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for CertainServices-Certification.
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__ (vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Alternate I only).
__ (vii) 52.227-6, Royalty Information.
__ (A) Basic.
__ (B) Alternate I.
__ (viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.
(d) The offeror has completed the annual representations and certifications electronically in SAM websiteaccessed through https://www.sam.gov. After reviewing the SAM information, the offeror verifies bysubmission of the offer that the representations and certifications currently posted electronically that apply tothis solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12months, are current, accurate, complete, and applicable to this solicitation (including the business size standardapplicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporatedin 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) arealso 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)
52.204-20 Predecessor of Offeror (Jul 2016)
(a) Definitions. As used in this provision--
"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 ProcurementAgency (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.
"Predecessor" means an entity that is replaced by a successor and includes any predecessors of the predecessor.
"Successor" means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessorunder a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of thesame company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of thepredecessor may vary, depending on State law and specific circumstances.
(b) The Offeror represents that it __ is or __ is not a successor to a predecessor that held a Federal contract or grant within the lastthree years.
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(c) If the Offeror has indicated "is" in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):
Predecessor CAGE code:____________________(or mark "Unknown").
Predecessor legal name: ____________________.(Do not use a "doing business as" name.)
(End of provision)
52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Dec 2019)
The Offeror shall not complete the representation in this provision if the Offeror has represented that it "doesnot provide covered telecommunications equipment or services as a part of its offered products or servicesto the Government in the performance of any contract, subcontract, or other contractual instrument" in theprovision at 52.204-26, Covered Telecommunications Equipment or Services--Representation, or in paragraph(v) of the provision at 52.212-3, Offeror Representations and Certifications--Commercial Items.
(a) Definitions. As used in this provision--
"Covered telecommunications equipment or services", "critical technology", and "substantial or essentialcomponent" have the meanings provided in clause 52.204-25, Prohibition on Contracting for CertainTelecommunications and Video Surveillance Services or Equipment.
(b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for FiscalYear 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, fromprocuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, orservice that uses covered telecommunications equipment or services as a substantial or essential component ofany system, or as critical technology as part of any system. Contractors are not prohibited from providing--
(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnectionarrangements; or
(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into anyuser data or packets that such equipment transmits or otherwise handles.
(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management(SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "coveredtelecommunications equipment or services".
(d) Representation. The Offeror represents that it __ will, __ will not provide covered telecommunicationsequipment or services to the Government in the performance of any contract, subcontract or other contractualinstrument resulting from this solicitation.
(e) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it "will" provide coveredtelecommunications equipment or services", the Offeror shall provide the following information as part of theoffer--
(1) A description of all covered telecommunications equipment and services offered (include brand; modelnumber, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesalernumber; and item description, as applicable);
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(2) Explanation of the proposed use of covered telecommunications equipment and services and any factorsrelevant to determining if such use would be permissible under the prohibition in paragraph (b) of thisprovision;
(3) For services, the entity providing the covered telecommunications services (include entity name, uniqueentity identifier, and Commercial and Government Entity (CAGE) code, if known); and
(4) For equipment, the entity that produced the covered telecommunications equipment (include entity name,unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).
(End of provision)
52.204-26 Covered Telecommunications Equipment or Services-Representation (Dec 2019)
(a) Definitions. As used in this provision, "covered telecommunications equipment or services" has the meaningprovided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and VideoSurveillance Services or Equipment.
(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management(SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "coveredtelecommunications equipment or services".
(c) Representation. The Offeror represents that it __ does, __ does not provide covered telecommunicationsequipment or services as a part of its offered products or services to the Government in the performance of anycontract, subcontract, or other contractual instrument.
(End of provision)
Section L - Instructions, Conditions, and Notices to Offerors and Respondents
Provision Title Fill-ins
52.204-16 Commercial and Government Entity Code Reporting (Jul 2016)
52.204-18 Commercial and Government Entity Code Maintenance (Jul 2016)
52.204-22 Alternative Line Item Proposal (Jan 2017)
52.204-7 System for Award Management (Oct 2018)
(a) Definitions. As used in this provision--
"Electronic Funds Transfer (EFT) indicator" means a four-character suffix to the unique entity identifier. Thesuffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additionalSystem for Award Management records for identifying alternative EFT accounts (see subpart 32.11) for thesame entity.
"Registered in the System for Award Management (SAM)" means that--
(1) The Offeror has entered all mandatory information, including the unique entity identifier and the EFTindicator, if applicable, the Commercial and Government Entity (CAGE) code, as well as data required by theFederal Funding Accountability and Transparency Act of 2006 (see subpart 4.14) into the SAM;
(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points ofContact sections of the registration in the SAM;
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(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer IdentificationNumber (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide consent for TINvalidation to the Government as a part of the SAM registration process; and
(4) The Government has marked the record "Active".
"Unique entity identifier" means a number or other identifier used to identify a specific commercial, nonprofit,or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.
(b)(1) An Offeror is required to be registered in SAM when submitting an offer or quotation, and shall continueto be registered until time of award, during performance, and through final payment of any contract, basicagreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.
(2) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation"Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and addressexactly as stated in the offer. The Offeror also shall enter its EFT indicator, if applicable. The unique entityidentifier will be used by the Contracting Officer to verify that the Offeror is registered in the SAM.
(c) If the Offeror does not have a unique entity identifier, it should contact the entity designated atwww.sam.gov for establishment of the unique entity identifier directly to obtain one. The Offeror should beprepared to provide the following information:
(1) Company legal business name.
(2) Tradestyle, doing business, or other name by which your entity is commonly recognized.
(3) Company Physical Street Address, City, State, and Zip Code.
(4) Company Mailing Address, City, State and Zip Code (if separate from physical).
(5) Company telephone number.
(6) Date the company was started.
(7) Number of employees at your location.
(8) Chief executive officer/key manager.
(9) Line of business (industry).
(10) Company Headquarters name and address (reporting relationship within your entity).
(d) Processing time should be taken into consideration when registering. Offerors who are not registered in SAM should consider applying for registration immediately upon receipt of this solicitation. See https://www.sam.gov for information on registration.
(End of clause)
52.214-34 Submission of Offers in the English Language (Apr 1991)
Offers submitted in response to this solicitation shall be in the English language. Offers received in other than English shall berejected.
(End of provision)
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L. INSTRUCTION TO OFFERORS
Submission of Offers: GeneralThis solicitation is for the performance of construction services described in Section C - Description/Specifications/Statement of Work, and the Attachments which are a part of this solicitation.
Qualifications of OfferorsOfferors must be technically qualified and financially responsible to perform the work described in this solicitation. At a minimum, each Offeror must meet the following requirements:
(1) Have an established business with a permanent address and telephone listing;(2) Be able to demonstrate prior experience with suitable references;(3) Have the necessary personnel, equipment and financial resources available to perform the work;(4) Have all licenses and permits required by local law;(5) Meet all local insurance requirements;(6) Have no adverse criminal record; and(7) Have no political or business affiliation which could be considered contrary to the interests of the UnitedStates.(8) Be able to understand written and spoken English.
Instructions (a) Each offer shall consist of the following physically separate volumes.
Volume Volume Title1 Price Quote2 Technical Quote
(b) The complete offer shall be submitted in electronic format at the following addresses:[email protected]@state.gov
L.1. INSTRUCTIONS: PRICE QUOTE
The Price Quote shall set forth current, accurate, and complete information as required by this solicitation. ThePrice Quote shall be prepared as follows:
Tab A – SF 18 (reference 3.1.1.)Tab B – Section B (reference 3.1.2.)Tab C – SAM Registration (reference 3.1.3.)
L.1.1 (A) Standard Form 18 (SF-18)The Offeror shall complete blocks 14 through 20, as appropriate, of the SF1442. Failure to submit acomplete proposal by the closing time and date designated in Block 13 of the SF1442 may result in theproposal being deemed “late” and not considered for award. The Offeror shall acknowledge all amendmentseither by signing and returning the SF30 or by acknowledging the amendments in Block 14 of the SF1442.Acknowledgement can only be executed by an authorized company official responsible for the offer.
L.1.2 (B) Section B
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The offeror must include a breakdown of all pricing information used in the total cost build up of each line item identified under part 1. The Schedule, Section B (see page 2). An excel spreadsheet should be included in the offeror's price proposal, in order to demonstrate where the offeror derived their total costs.
L.1.3 (C) SAM RegistrationThe Offeror is required to be registered in the System for Award Management (SAM) database, in accodrance with FAR 52.204-13.
L.2. INSTRUCTIONS: TECHNICAL QUOTE
The Technical Quote shall set demonstrate the offerors technical qualifications and ability to satisfactorily complete the construction serves as outlined in this solicitation. The Technical Quote shall be prepared as follows: Tab A – Key Personnel (reference L.2.1)Tab B – Management Information (reference L.2.2)Tab C – Past Performance & Construction Experience (reference L.2.3)
L.2.1 (A) Key PersonnelThe Government considers the offeror’s Program Manager, Project Engineer/Architect, and the Field Superintendent for Construction to be key personnel under any contract resulting from this solicitation. The offeror shall provide a detailed resume and the experience of these individuals. If these individuals are not current employees, provide a letter of intent.
The Contractor shall provide all of the following required information for all key personnel:
1. Name of Individual, Date of Birth, Nationality;2. Language proficiency;3. Role on this specific construction project (for example Project Manager, Site Superintendent, QC Manager).4. Describe the Individuals experience in the location where the work is to be performed.5. List experience relevant to the type of work required by this contract in chronological order, listing mostrecent experience first. Include following information with each experience listed:
a. Employing Firmb. Project Title and description, highlighting similarities to work required by this contractc. Value of the project (US Dollars)d. Start and end date (month/year) of this individual’s involvement on the projecte. Individual’s responsibilities on the projectf. Customer point of contract.L.2.2 (B) Management Information
1. Company profile including the following elements;
i. Full name and address of the offeror as included in the SF-1449ii. List of names, addresses and telephone numbers of the owners, partners, and principal officers of theOfferoriii. SAM Registration confirmation - The Offeror is required to be registered in the System for AwardManagement (SAM) database, in accordance with FAR 52.204-13, and for the status of the registration to be“Active”iv. Local Value Added Tax Registration Number (If Applicable)
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5. In accordance with DOSAR 652.242-73 AUTHORIZATION AND PERFORMANCE (AUG 1999),Contractor shall be required to have obtained necessary authorization to do business and operate in the countryof performance.
If the offeror has obtained such authorization, provide a copy of the permit, or registration, documentation.
If offeror has not obtained such authorization, provide, the offeror shall provide:
a) A thorough description as to what steps you have taken to investigate all requirements to obtain authorizationto perform in the country of performanceb) Details of your findings and a description of what your organization will actually be required to undertake toobtain licensing and requisite permit(s)c) Any impact such authorization may have on the contractor’s operating name and addressd) Specific information concerning the period of time you anticipate it will take to obtain appropriateauthorization. Any plan reflecting a protracted period (i.e. more than 15 calendar days after award) in obtaininglicense(s) and/or permit(s) shall be rejected at the discretion of the Contracting Officer since further delaywould otherwise harm the Government.
L.2.3 (C) Past Performance and Construction ExperienceSubmit a list of three relevant contracts that clearly demonstrate prior experience in construction projects, thatwere;
1. Similar in magnitude (US$ amount).2. Similar in construction features.3. Similar in other contract features such as, but not limited to, construction as described in this solicitation
complete and ready for use (specifically, video surviellance projects)
Provide the following information for each contract or project and describe:
1. Customer's name, address, and telephone numbers of customer's lead contract and technical personnel;2. Contract value, number and type;3. Date of the contract award place(s) of performance, and completion dates;4. The contractors ability to perform all design, architectural, engineering and construction services for the
development of construction documents, and the ability to resolve difficult engineering problems;5. The contractors ability to perform site surveys;6. The contractors ability to produce designs for construction, additions, upgrades, and demolition; and7. The contractor’s ability to perform engineering modifications to existing systems and other technical work.8. Brief description of the work, including responsibilities;9. Comparability to the work under this solicitation;10. Brief discussion of any major technical problems and their resolution;11. Method of acquisition (fully competitive, partially competitive, or noncompetitive), and the basis for
award (cost/price, technical merit, etc.);12. Any terminations (partial or complete) and the reason (convenience or default).13. If any problems were encountered during the project, the offeror shall provide an explanation of problems
and the corrective action taken.14. For any of the projects submitted, provide a written performance evaluation executed at the completion of
the project, if available. If not in English, please provide a courtesy translation in English.
If more than three (3) projects are submitted, the Government will evaluate three (3) projects performed withinthe last 5 years, which are most similar in magnitude to this project, most similar in construction features, andmost similar in other contract features such as, but not limited to, construction as descibed in this solicitation,complete and ready for use. The projects may be contracts for the U.S. Government or other clients.
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No more than 2, one sided, A4 (or letter) pages of written material shall be submitted for each project. In addition, photographs may be provided, and shall be limited to four A4 (or letter) size sheets per project.
Joint venture offerors SHALL INCLUDE AT LEAST ONE CONTRACT FOR EACH PARTNER, where each partner performed by itself or part of a joint group; however, the total number of contracts submitted shall not exceed three.
L.3. SITE VISIT
(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and ConditionsAffecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, theContractor shall visit the site prior to submitting the final bid, and the proposal will be deemed to include all thework required to perform this construction.
(b) An organized site visit will be held in Presevo, Serbia on Wednesday, September 2, 2020, 11:00 (local time)at:
The University of Nis Faculty of LawNisSerbia
All prospective offerors who have received a solicitation package are encouraged to attend. Registration is essential should you wish to participate in the conference. Companies are therefore required to submit, via email, the names and nationality of those attending to Mr. David Machen at [email protected] and to Mr. Graham Andrews ([email protected]) not later than 15:00 p.m. (CET) on Monday, August 31, 2020.
Admittance to the Site Visit cannot be guaranteed unless the Government receives your registration by this due date. Attendance is limited to no more than 3 persons per company, unless an acceptable reason exists for the presence of more than 3. No substitutes or additional persons may attend the site visit. Attendees are requested to carry their Photo ID along with them. Without Photo ID you may be refused entry to the Site. Please arrive at the Border Police Center approxiamately 15 minutes early in order to clear through the security check.
L.4. PROPOSAL DUE DATE
The proposals shall be emailed with the following subject heading, “PROPOSAL 19GE50-20-Q-0014, not later than 15:00 Central European Summer Time (CEST) on Tuesday, August 22, 2020. See Section 3 for offer submission instructions.
NOTE: No proposals will be accepted after the time specified above.
Any questions concerning any aspect of the Request for Proposal and the statement of work pertaining to this project may be directed to: Mr. David MachenRegional Procurement Support Office [RPSO]American Consulate GeneralFrankfurt, GermanyEmail: [email protected]
A set of numbered questions and answers will be furnished to all prospective offerors. Question sources will not be disclosed. The deadline for submission of questions (via email only) is established as being no later than 15:00 CET, Wednesday, September 9, 2020. Late questions may not be considered.
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Section M - Evaluation Factors for Award
Provision Title Fill-ins
52.225-17 Evaluation of Foreign Currency Offers (Feb 2000)
M. EVALUATION OF QUOTES
M.1 GeneralTo be acceptable and eligible for evaluation, quotes shall be prepared in accordance with Section L. Instructions to Offerors, and shall meet all the requirements set forth in the other sections of this solicitation.
M.2 Basis for AwardThe Government intends to make award to the lowest priced offer, provided the offeror submits an acceptable technical quote, offers a fair and reasonable price, and the offeror is determined to be responsible. Lowest Price - The lowest price will be determined based upon the total price submitted by the contractor, less the level of recoverable Value Added Tax as separately included in Section B.3 of the contract. The terms and conditions pertaining to the US Government being able to recover Value Added Tax, and for Value Added Tax to be determined as recoverable, are included in Section B.5 Value Added Tax. Evaluations will be conducted in accordance with the procedures set forth below:
(a) Initial Evaluation - All proposals received will be evaluated to ensure that each proposal is complete interms of submission of each required volume, as specified in Section L. Quotes that are missing a significantamount of the required information may be eliminated from consideration at the Government's discretion.
(b) Technical Evaluation - Those quotes remaining after the initial evaluation will be thoroughly reviewedto determine technical acceptability. Technical Acceptability will include a review of each element of theTechnical Quote identified in Section L.2.
Tab A – Key Personnel Tab B – Management Information Tab C – Past Performance & Construction Experience
(A) Key PersonnelThe Government will evaluate the key personnel. The review will include a review of the qualificationsof the proposed staff and their range of experience and knowledge. The end result of this review will be adetermination of technical acceptability or unacceptability.
(B) Management InformationThe Government will evaluate the information Contractor provided under Section L.2.3, ManagementInformation, including list of names of the owners, partners and principal officers, list of all primary suppliersand origin of materials, a comprehensive list of equipment owned, equipment available and equipment projectedto be assigned - including those of any subcontractors.
(C) Past Performance & Construction ExperienceThe Government will evaluate the design and construction projects or contracts provided to evaluate bothexperience and past performance. Experience pertains to the types of work and volume of work previouslyor currently being performed by the contractor that are comparable to the types of work envisioned by thisrequirement in terms of size, scope and complexity. Past performance relates to how well a contractor hasperformed. The Government may contact references to verify experience and past performance. If theGovernment is aware of contracts that meet the requirements of this solicitation but have not been included inthe projects submitted, it may evaluate those contracts in addition to those submitted.
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In the case that more than three (3) projects are submitted, the Government will evaluate three projects performed within the last 5 years, which are most similar in magnitude to this project, most similar in construction features, and most similar in other contract features such as, but not limited to, construction as described in this solicitation complete and ready for use. Prior experience of the offeror, or that of a proposed subcontractor, in the performing construction (similar in both scope and magnature to what is described in the scope of work) is required, and offers that do not adequately demonstrate such experience will be found technically unacceptable.
(c) Responsibility Evaluation – Contractor responsibility will be determined by analyzing whether the apparent successful offeror complies with the requirements of FAR 9.1, including:
(1) Adequate financial resources or the ability to obtain them;(2) Ability to comply with the required performance period, taking into consideration all existing commercial and governmental business commitments;(3) Satisfactory record of integrity and business ethics;(4) Necessary organization, experience, and skills or the ability to obtain them;(5) Necessary equipment and facilities or the ability to obtain them; and(6) Be otherwise qualified and eligible to receive an award under applicable laws and regulations. The Government reserves the right to reject quotes that are unreasonably high in price. The Government will also perform a limited price realism analysis, and may reject an offer if such analysis demonstrates that the total price offered is so low as to present an unacceptable risk of failure to perform. In establishing whether or not a price quote has been understated, a comparison may be made between the proposed price and that of (1) the independent government estimate; (2) to current price information from manufactures and independently obtained cost and price data; (3) fabrication, transportation, and installation costs, and (4) current labor rates.
M.3 Award SelectionThe prices of all technically acceptable firms will then be reviewed and the award selection will go to the lowestevaluated priced, technically acceptable, responsible offeror.
19GE5020Q0014 Attachment 1: Room Dimension and Room Layout Plan
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Classroom 6/1
Width: 5.7 meters Length: 12.6 meters Height: 3 meters Classroom 14/2
Width: 6.6 meters Length: 8.8 meters Height: 3.5 meters to 5.3 meters (suspended vault ceiling)
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ROOM 6/1
Head/front wall including a sliding door (covering the whiteboard)
VideoProjector
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Benches with backrest
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