SOLICITATION PROVISIONS
1.Solicitation Provisions Incorporated by Reference (FAR 52.252-1) (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 PAEContracting Office 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. All references to Government are deemed to mean PAE Applied Technologies LLC (PAE) and all references to PAEContracting Office are deemed to mean Deputy Program Manager.
NO. FAR CLAUSETITLEDATE
2.52.203-2Certificate of Independent Price DeterminationAPR 85
3.52.203-11Certification and Disclosure Regarding Payments toSEP 07
Influence Certain Federal Transactions (Over $100K)
4.52.211-2Availability of Specifications, Standards, and Data ItemAPR 14
Descriptions Listed in the Acquisition Streamlining and
Standardization Information System (ASSIST)
5.52.214-3Amendments to Invitations for BidsDEC 89
6.52.214-4False Statements in BidsAPR 84
7.52.214-5Submission of BidsMAR 97
8.52.214-6Explanation to Prospective BiddersAPR 84
9.52.214-7Late Submission, Modifications and Withdrawals of BidsNOV 99
10.52.214-18Preparation of Bids-ConstructionAPR 84
11.52.214-19Contract Award-Sealed Bidding ConstructionAUG 96
12.*52.222-21Prohibition of Segregated FacilitiesFEB 99
13.52.236-3Site Investigations and Conditions Affecting the WorkAPR 84
14.252.236-7007Additive or Deductive ItemsDEC 91
The following solicitation provisions are incorporated in full text. Requirements marked “/ /” are applicable only if marked “/X/”.
15. BONDS
A.Offer Guarantee: Each offer for more than $25,000.00 must be accompanied by bid bond of not less than 20% of offer price. PAE will, upon written request, return bonds (1) to unsuccessful offerors as soon as practicable; and (2) to the successful offeror upon execution of contractual documents and receipt of valid performance and payment bonds as required by the solicitation.
B. Performance and Payment Bonds:
1.The Miller Act (40 U.S.C. 270a-270f) requires payment and performance bonds for any construction contract exceeding $25,000.00.
(a)Performance Bonds: The penal amount of performance bonds shall be 100 percent of original contract price.
(b)Payment Bonds: The penal amount of payment bonds shall equal 100 percent of original contract price.
2.Any bonds required will be furnished by the contractor to PAE prior to commencement of contract performance.
C.Acceptable Sureties: Notwithstanding any other provision in this solicitation, PAE will accept as valid only bonds from corporate sureties listed in the Treasury Department Circular 570.
16. SOLICITATION PROTESTS
A.Prior to Offer Submission: The PAEContracting Office will entertain protests from any potential offeror or supplier on any matter related to this acquisition, provided that the written protest is received at least five workdays prior to the date set for receipt of offers. Any protest received after that point will be considered untimely.
B.After Offer Submission: The PAEContracting Office will entertain protests from interested parties only. “Interested parties” is defined as a firm who has submitted an offer to PAE on this solicitation. In order to be considered, a written protest must be received in the PAEContracting Office within five workdays after the offers are opened, or in the case of an RFP or RFQ, within five workdays after the protestor should have become aware of the situation being protested. Protests dealing with the content of the solicitation, specifications, statement of work or drawings will not be considered.
C.Protest Response: The PAEContracting Office will render a decision within 30 days after receipt of the protest. The protestor shall have five work days in which to take written exception to the decision. Once exception is taken the matter shall be handled in accordance with the clause entitled DISPUTES.
17. SCHEDULE OF WORK
All work on this solicitation will be scheduled in such manner as to minimize interference with normal operations of the affected area. A Pre-Construction Conference between the contractor, PAE and Government representatives shall be held to determine all important phases of construction and timing thereof.
18. PAE CONSTRUCTION CONTRACT
Contractors are advised that all PAE construction contracts at Vance Air Force Base will be under strict inspection to insure contracts are completed in accordance with the specifications and terms of contract. Payrolls and progress reports will be highly scrutinized.
/ /19.This solicitation is subject to statutory cost limitations. (See Cost Limitation, General Provision clause 58) ANY OFFER EXCEEDING THE STATUTORY COST LIMITATION MAY BE REJECTED.
20. AWARD OF CONTRACT
A.The contract will be awarded as soon as practicable to the lowest responsible offeror, price and other factors considered, provided the offer is reasonable and it is to the interest of PAE to accept it.
B.PAE reserves the right to waive any informality in offers received when such waiver is in the interest of PAE. In case of error in the extension of prices, the unit price will govern.
C.PAE further reserves the right to accept or reject any or all items of any offer, or make an award to the offeror whose aggregate offer on any combination of items is low.
21. REJECTION OF OFFERS
PAE reserves the right to reject any or all offers when such rejection is in the interest of PAE, to reject the offer of an offeror who has previously failed to perform properly or to complete on time contracts of similar nature; and to reject the offer of an offeror who is not, in the opinion of the PAEContracting Office, in a position to perform the contract.
22. RESPONSIBLE CONTRACTOR
To be determined responsible, a prospective contractor must: Have adequate financial resources to perform the contract, or the ability to obtain them; be able to comply with the required or proposed performance schedule, taking into consideration all existing commercial and governmental business commitments; have a satisfactory performance record; have a satisfactory record of integrity and business ethics; have the necessary organization, experience, accounting and operational controls, technical skills, or the ability to obtain them; have the necessary production construction, and the technical equipment and facilities, or the ability to obtain them; and be otherwise qualified and eligible to receive an award under applicable laws and regulations.
Upon notification that you are the apparent low offeror on a solicitation and if requested to do so, you are required to submit the following information within three working days to:
PAE
PAE/PMP
400 Young Road, Ste. 122
Vance AFB OK 73705-5508
1.Name of bank, phone number and individual to contact.
2.Include last three Government and/or civilian construction projects you have finished of a similar nature, supplying the following information on the project:
A. Magnitude of project
B. Contract number or project title
C. Person to contact
D. Phone number
3.Statement that you are able to comply with the performance period, taking into consideration all other commercial/governmental business commitments and necessary ordering lead time.
4.Statement you have the necessary organization, experience, accounting and operational controls, technical skills, or equipment and/or the ability to obtain them.
/ X /23. NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE
Offers under this procurement are solicited from small business concerns only and this procurement is to be awarded only to one or more small business concerns. This action is based on determination by the PAEContracting Office, alone or in conjunction with a representative of the Small Business Administration, that it is in the interest of maintaining or mobilizing the Nation’s programs, or in the interest of assuring that a fair proportion of government procurement is placed with small business concerns. Offers received from firms which are not small business concerns shall be considered nonresponsive and shall be rejected.
24. WORKMEN’S COMPENSATION/UNEMPLOYMENT INSURANCE
The successful contractor awarded contract under this solicitation will be required to bear the burden of all requirements of State and Federal Laws regarding Workmen’s Compensation and Unemployment Insurance. Successful contractor will furnish the PAEContracting Office evidence of coverage.
25. LABOR DISPUTES
In the event a labor dispute arises, the successful subcontractor under this contract will immediately notify the prime contractor (PAE).
26. FUNDS AVAILABILITY
Funds are not currently available for this solicitation. Award of contract is contingent upon the Air Force making the necessary funds available within the offer acceptance period. PAE assumes no liability of any kind until funds become available and a contract is executed.
27. Telegraphic or mailgram offers are unacceptable.
/ X /28. Facsimile offers, bid bonds and offer amendments are prohibited.
/ /29. FACSIMILE OFFERS AND MODIFICATIONS TO OFFERS
Facsimile (FAX) offers and modifications to offers will be accepted subject to the following:
A.The complete offer/modification must be received AND PRINTED prior to the date and time set for receipt of offers. PAE will not be liable for any reason in the event the complete offer/modification is not received AND PRINTED prior to the date and time set for receipt of offers. Any offer/modification received AND PRINTED after the date and time set for receipt of offers will be rejected.
B.PAE cannot guarantee the privacy of any offer/modification made by FAX. Upon receipt offers/modifications will be placed in an envelope and stored with others for that solicitation.
C.Do not call to confirm receipt. PAE will not reveal the identity of any offerors prior to the date and time set for receipt.
D.When requested to do so the offeror shall furnish the original of their offer/modification to PAE within four workdays after such request, oral or written, is made. Failure to do so will result in rejection of the offer.
E.For construction, FAX offers/modifications will be accepted subject to the conditions set forth in A through D and the following for offers exceeding $25,000.00:
(1) Offeror must have on file in the PAELocal Purchase Office a current annual bid bond of sufficient amount to cover the offer being made, or
(2) The offeror must furnish an otherwise acceptable original bid bond prior to the date and time set for receipt of offers.
(3) Under no circumstances will a FAX bid bond be accepted.
30. AVAILABILITY OF PROJECT SPECIFICATIONS AND DRAWINGS
A.SOLICITATION
Each prospective offeror will receive one complete set of specifications and drawings with their solicitation package. No additional sets will be provided.
B.CONTRACT
The awardee will have five sets available at time of award. Additional copies of each may be picked up within 30 days after award if available.
C.SOLICITATIONS AND CONTRACTS ISSUED USING CD-ROM
Each prospective offeror will receive one complete set of specifications and drawings on CD. No additional sets will be provided.
/ X /D.SOLICITATIONS AND CONTRACTS ISSUED ELECTRONICALLY
Each prospective offeror or subcontractor is responsible for downloading and printing all documents. The awardee shall reproduce all plans and specifications at their own expense. No printed copies will be provided.
/ /31. HUBZONE SMALL BUSINESS PRICE EVALUATION PREFERENCE PROCEDURES
PAE will accept offers from Large Business (LB), Small Business (SB) and HUBZone concerns (HZ). All offers received in response to this solicitation will be opened and recorded at the time and date set forth. The offers will be segregated by type of concern and the initial evaluation will be conducted on HZ concerns only. Subject to conditions set forth elsewhere, award will be made using the following criteria:
- Any HZ concern that is the overall low responsive, responsible offeror on the solicitation.
- The low responsive, responsible HZ concern whose offer does not exceed the lowest acceptable offer submitted by a LB concern by more than 10% and the price estimate by more than 20%. (NOTE: In the event the low offer from the LB concern exceeds the solicitation estimate by 20%, the 20% factor will not be applied to the HZ offer.)
- If only SB and HZ offers are received no preference for HZ will apply.
- If no HZ offer meets these conditions, award will be made to the responsive/responsible offeror submitting the lowest acceptable offer.
/ /32. SET-ASIDE FOR SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS CONCERNS
Offers under this procurement are solicited only from service-disabled veteran-owned small business (SDVOSB) concerns and this procurement will only be awarded to a SDVOSB concern. This action is based on determination by the PAE Contracting Office, alone or in conjunction with a representative of the Small Business Administration, that it is in the interest of maintaining or mobilizing the Nation’s programs, or in the interest of assuring that a fair proportion of government procurement is placed with SDVOSB concerns. Offers received from concerns which are not SDVOSB shall be considered nonresponsive and shall be rejected.
/ /33. SET-ASIDE FOR SAM/SBA CERTIFIED HUBZONE SMALL BUSINESS CONCERNS
Offers under this procurement are solicited only from SAM/SBA Certified HUBZONE small business concerns and this procurement will only be awarded to a SAM/SBA Certified HUBZONE small business concern. This action is based on determination by the PAE Contracting Office, alone and has been made to meet small business goals for HUBZONE business contained in PAE's Base Operations and Services contract with the USAF. Offers received from concerns which are not SAM/SBA Certified HUBZONE shall be considered nonresponsive and shall be rejected.
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