new line item specs.docm

SPECIFICATION

AND

BID FORMS

SOLICITATION NO. GS11P09ZGD0228

NOTICE: The information collection requirements contained in this solicitation/contract, that are not required by regulation, have been approved by the Office of Management and Budget pursuant to the Paperwork Reduction Act and assigned OMB Control No. 3090-0163.

FAR 52.219-18 - NOTIFICATION OF COMPETITION LIMITED TO ELIGIBLE 8(A) CONCERNS (JUNE 2003) (DEVIATION)

(a) Offers are solicited only from small business concerns expressly certified by the Small Business Administration (SBA) for participation in the SBA’s 8(a) Program and which meet the following criteria at the time of submission of offer—

(1) The Offeror is in conformance with the 8(a) support limitation set forth in its approved business plan; and

(2) The Offeror is in conformance with the Business Activity Targets set forth in its approved business plan or any remedial action directed by the SBA.

(b) By submission of its offer, the Offeror represents that it meets all of the criteria set forth in paragraph (a) of this clause.

(c) Any award resulting from this solicitation will be made directly by the Contracting Officer to the successful 8(a) offeror selected through the evaluation criteria set forth in this solicitation.

(d)(1) Agreement. A small business concern submitting an offer in its own name shall furnish, in performing the contract, only end items manufactured or produced by small business concerns in the United States or its outlying areas. If this procurement is processed under simplified acquisition procedures and the total amount of this contract does not exceed $25,000, a small business concern may furnish the product of any domestic firm. This paragraph does not apply to construction or service contracts.

(2) The ____________ [insert name of SBA's contractor] will notify the General Services Administration Contracting Officer in writing immediately upon entering an agreement (either oral or written) to transfer all or part of its stock or other ownership interest to any other party.

TABLE OF CONTENTS

1. Standard Form 1449

2. Continuation to Standard Form 1449 (line item worksheets)

3. Contract Clauses

4. Specifications

Construction Contract – Fixed Price – Index of Electronic Specifications

5. Provisions

6. Exhibits

A. Wage Decision

PART 1 – STANDARD FORM 1449

Offeror to complete blocks 12, 17, 23, 24, & 30

7. FOR SOLICITATION

LOCAL TIME

DESTINATION UNLESS

12. DISCOUNT TERMS

SEE SCHEDULE

X 8(A)

SAME AS ADDRESS IN BLOCK #9

FACILITY

PBS Payments Branch (BCFA)

P.O. Box 17181

Fort Worth, TX 76102-0181

19.

ITEM NO,

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

See Continuation Sheet

(Attach Continuation Sheet as Necessary)

27a. SOLICITATIONS INCORPORATE BY REFERENCE ARE ATTACHED . ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACTS/PURCHASE ORDERS INCORPORATE BY REFERENCE IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

28.

X

AWARD OF CONTRACT: REFERENCE OFFER DATED . YOUR OFFER ON SOLICITATION (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

PARTIAL

FINAL

37. CHECK NUMBER

42a. RECEIVED BY (Print)

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (10-95) Prescribed by GSA FAR (48 CFR) 53.212

PART 2 – CONTINUATION TO STANDARD FORM 1449

SEE ATTACHED LINE ITEM WORKSHEETS

PART 3 – CONTRACT CLAUSES

1. 52.202-1 DEFINITIONS (REFERENCE 2.201)

2. 52.203-3 GRATUITIES (REFERENCE 3.202)

3. 52.203-5 COVENANT AGAINST CONTINGENT FEES (REFERENCE 3.404)

4. 52.203-7 ANTI-KICKBACK PROCEDURES (REFERENCE 3.502-3)

5. 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (REFERENCE 3.808(b))

6. 52.204-7 CENTRAL CONTRACTOR REGISTRATION (REFERENCE 4.1104)

7. 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (REFERENCE 4.1303)

8. 52.209-6 PROTECTING THE GOVERNMENT’S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (REFERENCE 9.409(b))

9. 52.211-12 LIQUIDATED DAMAGES - CONSTRUCTION (REFERENCE 11.503(b))

10. 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (REFERENCE 12.301(b)(3))

11. 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS – COMMERCIAL ITEMS (DEC 2007)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clause, which is incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.233-3, Protest after Award (Aug 1996) (31 U.S.C. 3553).

(2) 5.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L. 108-77, 108-78).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sep 2006), with Alternate I (Oct 1995)(41 U.S.C. 253g and 10 U.S.C. 2402).

(2) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999) (15 U.S.C. 657a).

(3) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (July 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

(4) [Reserved] (5)

(i) 52.219-6, Notice of Total Small Business Set-Aside (June 2003) (15 U.S.C. 644).

(ii) Alternate I (Oct 1995) of 52.219-6.

(iii) Alternate II (Mar 2004) of 52.219-6.

(6)

(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

(ii) Alternate I (Oct 1995) of 52.219-7.

(iii) Alternate II (Mar 2004) of 52.219-7.

(7) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)).

(8)

(i) 52.219-9, Small Business Subcontracting Plan (Nov 2007) (15 U.S.C. 637(d)(4).

(ii) Alternate I (Oct 2001) of 52.219-9.

(iii) Alternate II (Oct 2001) of 52.219-9.

X (9) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)).

(10) 52.219-16, Liquidated Damages--Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

(11)

(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Sept 2005) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

(ii) Alternate I (June 2003) of 52.219-23.

(12) 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting (Oct 1999) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

(13) 52.219-26, Small Disadvantaged Business Participation Program-Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

(14) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f).

(15) 52.219-28, Post Award Small Business Program Representation (June 2007) (15 U.S.C. 632(a)(2)).

X (16) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

(17) 52.222-19, Child Labor Cooperation with Authorities and Remedies (Aug 2006) (E.O. 13126).

X (18) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

X (19) 52.222-26, Equal Opportunity (Apr 2002) (E.O. 11246).

X (20) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212).

X (21) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793).

X (22) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212).

X (23) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201).

(24) X (i) 52.222-50, Combating Trafficking in Persons (Aug 2007) (Applies to all contracts).

(ii) Alternate I (Aug 2007) of 52.222-50.

(25) X (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Aug 2000) (42 U.S.C. 6962(c)(3)(A)(ii)).

(ii) Alternate I (Aug 2000) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)).

(26) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

(27)

(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423).

(ii) Alternate I (Dec 2007) of 52.223-16.

(28) 52.225-1, Buy American Act-Supplies (June 2003)(41 U.S.C. 10a-10d).

(29)

(i) 52.225-3, Buy American Act-Free Trade Agreements-Israeli Trade Act (Aug 2007) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, Pub. L. 108-77, 108-78, 108-286, 109-53 and 109-169.

(ii) Alternate I (Jan 2004) of 52.225-3.

(iii) Alternate II (Jan 2004) of 52.225-3.

(30) 52.225-5, Trade Agreements (Nov 2007) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X (31) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2006) (E.O.S, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(32) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

(33) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

(34) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

(35) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

X (36) 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (Oct 2003) (31 U.S.C. 3332).

(37) 52.232-34, Payment by Electronic Funds Transfer-Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332).

(38) 52.232-36, Payment by Third Party (May 1999)(31 U.S.C. 3332).

(39) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

(40)

(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

(ii) Alternate I (Apr 1984) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

(2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

(3) 52.222-43, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Multiple Year and Option Contracts) (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

(4) 52.222-44, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Feb 2002) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

(5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

(6) 52.222-53, Exemption from Application of the Service Contract Act Contracts fro Certain Services--Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

(7) 52.237-11, Accepting and Dispensing of $1 Coin (Aug 2007) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in paragraphs (i) through (vii of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause--

(i) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(ii) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(iii) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212).

(iv) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793).

(v) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (DEC 2004) (E.O. 13201).

(vi) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

(vii) 52.222-50, Combating Trafficking in Persons (Aug 2007) (22 U.S.C. 7104(g)). Flow down required in accordance with paragraph (f) of FAR clause 52.222-50.

(viii) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

(ix) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

(x) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241 (b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

12. 52.215-10 PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA (REFERENCE 15.408(b))

13. 52.215-11 PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA – MODIFICATIONS (REFERENCE 15.408(c))

14. 52.216-18 ORDERING (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued for one year from Notice to Proceed.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

15. 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) "Minimum order." When the Government requires supplies or services covered by this contract in an amount of less than $1,000.00 the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) "Maximum order." The Contractor is not obligated to honor--

(1) Any order for a single item in excess of $500,000.00

(2) Any order for a combination of items in excess of $1 million or

(3) A series of orders from the same ordering office within 5 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

16. 52.216-22 INDEFINITE QUANTITY (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after July 31, 2015.

17. 52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (REFERENCE 22.103-5(a))

18. 52.222-5 DAVIS-BACON ACT – SECONDARY SITE OF THE WORK (JUL 2005)

(a)

(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Davis-Bacon Act, of this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.

(b)

(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.

(2) The due date for receipt of offers will not be extended as a result of an offeror's request for a wage determination for a secondary site of the work.

19. 52.222-6 DAVIS-BACON ACT (JUL 2005) (REFERENCE 22.407(a))

20. 52.222-7 WITHHOLDING OF FUNDS (FEB 1988) (REFERENCE 22.407(a))

21. 52.222-8 PAYROLLS AND BASIC RECORDS (REFERENCE 22.407(a))

22. 52.222-9 APPRENTICES AND TRAINEES (JUL 2005) (REFERENCE 22.407(a))

23. 52.222-10 COMPLIANCE WITH COPELAND ACT REQUIREMENTS (FEB 1988) (REFERENCE 22.407(a))

24. 52.222-11 SUBCONTRACTS (LABOR STANDARDS) (JUL 2005) (REFERENCE 22.407(a))

25. 52.222-12 CONTRACT TERMINATION – DEBARMENT (FEB 1988) (REFERENCE 22.407(a))

26. 52.222-13 COMPLIANCE WITH DAVIS-BACON AND RELATED ACT REGULATIONS (FEB 1988) (REFERENCE 22.407(a))

27. 52.222-14 DISPUTES CONCERNING LABOR STANDARDS (FEB 1988) (REFERENCE 22.407(a))

28. 52.222-15 CERTIFICATION OF ELIGIBILITY (FEB 1988) (REFERENCE 22.407(a))

29. 52.222-27 AFFIRMATIVE ACTION COMPLIANCE FOR CONSTRUCTION (FEB 1999) (REFERENCE 22.810(f))

30. 52.222-30 DAVIS BACON ACT – PRICE ADJUSTMENT (NONE OR SEPARATELY PRICED METHOD) (DEC 2001) (REFERENCE 22.407(e))

31. 52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (JAN 1997) (REFERENCE 23.303)

32. 52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (AUG 2003) (REFERENCE 23.1005)

33. 52.223-6 DRUG-FREE WORKPLACE (MAY 2001) (REFERENCE 23.505)

34. 52.223-11 OZONE-DEPLETING SUBSTANCES (MAR 2001)

(a) "Definition." "Ozone-depleting substance," as used in this clause, means any substance the Environmental Protection Agency designates in 40 CFR part 82 as--

(1) Class I, including, but not limited to, chlorofluorocarbons, halons, carbon tetrachloride, and methyl chloroform; or

(2) Class II, including, but not limited to, hydrochlorofluorocarbons.

(b) The Contractor shall label products which contain or are manufactured with ozone-depleting substances in the manner and to the extent required by 42 U.S.C. 7671j (b), (c), and (d) and 40 CFR part 82, Subpart E, as follows:

Warning Contains (or manufactured with, if applicable) +_______, a substance(s) which harm(s) public health and environment by destroying ozone in the upper atmosphere.

+ The Contractor shall insert the name of the substance(s).

35. 52.223-12 REFRIGERATION EQUIPMENT AND AIR CONDITIONERS (MAY 1995) (REFERENCE 23.804(b))

36. 52.223-14 TOXIC CHEMICAL RELEASE REPORTING (AUG 2003) (REFERENCE 23.906(b))

37. 52.225-9 BUY AMERICAN ACT – CONSTRUCTION MATERIALS (JAN 2005)

(a) "Definitions." As used in this clause-- "Component" means an article, material, or supply incorporated directly into a construction material.

"Construction material" means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

"Cost of components" means--

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

"Domestic construction material" means--

(1) An unmanufactured construction material mined or produced in the United States; or

(2) A construction material manufactured in the United States, if the cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components.

Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic.

"Foreign construction material" means a construction material other than a domestic construction material.

"United States" means the 50 States, the District of Columbia, and outlying areas.

(b) "Domestic preference."

(1) This clause implements the Buy American Act (41 U.S.C. 10a - 10d) by providing a preference for domestic construction material. The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to the construction material or components listed by the Government as follows:

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that--

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American Act is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

(ii) The application of the restriction of the Buy American Act to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) "Request for determination of inapplicability of the Buy American Act."

(1)

(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including--

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American Act applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American Act applies, use of foreign construction material is noncompliant with the Buy American Act.

(d) "Data." To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

|Foreign and Domestic Construction Materials Price Comparison| | Construction | Unit of | Quantity | Price | | Material | Measure | | (Dollars)+ | | Description | | | | | Item 1: | | | | | Foreign construction | | | | | material | | | | | Domestic construction | | | | | material | | | | | Item 2: | | | | | Foreign construction | | | | | material | | | | | Domestic construction | | | | | material | | | | [List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.] [Include other applicable supporting information.] [+ Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).]

38. 52.227-4 PATENT INDEMNITY – CONSTRUCTION CONTRACTS (DEC 2007) (REFERENCE 27.201-2(d)(1))

39. 52.228-5 INSURANCE – WORK ON A GOVERNMENT INSTALLATION (JAN 1997) (REFERENCE 28.310)

40. 52.228-11 PLEDGES OF ASSETS (FEB 1992) (REFERENCE 28.203-6)

41. 52.228-15 PERFORMANCE AND PAYMENT BONDS – CONSTRUCTION (NOV 2006) (REFERENCE 28.102-3(a))

42. 52.229-3 FEDERAL, STATE, AND LOCAL TAXES (APR 2003) (REFERENCE 29.401-3)

43. 52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (SEP 2002) (REFERENCE 52.232-5)

44. 52.232-16 PROGRESS PAYMENTS (APR 2003) (REFERENCE 32.502-4(a))

45. 52.232-17 INTEREST (JUN 1996) (REFERENCE 32.611(a) AND (b))

46. 52.232-23 ASSIGNMENT OF CLAIMS (JAN 1986) (REFERENCE 32.1005)

47. 52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (SEP 2005) (REFERENCE 32.908(b))

48. 52.233-1 DISPUTES (JUL 2002) (REFERENCE 33.215)

49. 52.236-2 DIFFERING SITE CONDITIONS (APR 1984) (REFERENCE 36.502)

50. 52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK (REFERENCE 36.503)

51. 52.236-5 MATERIAL AND WORKMANSHIP (REFERENCE 36.505)

52. 52.236-6 SUPERINTENDENCE BY THE CONTRACTOR (REFERENCE 36.506)

53. 52.236-7 PERMITS AND RESPONSIBILITIES (REFERENCE 36.507)

54. 52.236-8 OTHER CONTRACTS (REFERENCE 36.508)

55. 52.236-9 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES AND IMPROVEMENTS (REFERENCE 36.509)

56. 52.236-10 OPERATIONS AND STORAGE AREAS (REFERENCE 36.510)

57. 52.236-11 USE AND POSSESSION PRIOR TO COMPLETION (REFERENCE 36.511)

58. 52.236-12 CLEANING UP (REFERENCE 36.512)

59. 52.236-13 ACCIDENT PREVENTION (REFERENCE 36.513)

60. 52.236-14 AVAILABILITY AND USE OF UTILITY SERVICES (REFERENCE 36.514)

61. 52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS (REFERENCE 36.515)

62. 52.236-16 QUANTITY SURVEYS (REFERENCE 36.516)

63. 52.236-17 LAYOUT OF WORK (REFERENCE 36.517)

64. 52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (REFERENCE 36.521)

65. 52.236-26 PRECONSTRUCTION CONFERENCE (REFERENCE 36.522)

66. 52.242-13 BANKRUPTCY (REFERENCE 42.903)

67. 52.242-14 SUSPENSION OF WORK (REFERENCE 42.1305(a))

68. 52.242-15 STOP-WORK ORDER (REFERENCE 42.1305(b)(1))

69. 52.243-4 CHANGES (REFERENCE 43.205(d))

70. 52.244-5 COMPETITION IN SUBCONTRACTING (REFERENCE 44.204(c))

71. 52.245-1 GOVERNMENT PROPERTY (REFERENCE 45.107(a))

72. 52.246-12 INSPECTION OF CONSTRUCTION (REFERENCE 46.312)

73. 52.248-3 VALUE ENGINEERING – CONSTRUCTION (REFERENCE 48.202)

74. 52.249-1 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (SHORT FORM) (REFERENCE 49.502(a)(1))

75. 52.249-10 DEFAULT (FIXED-PRICE CONSTRUCTION) (REFERENCE 49.504(c)(1))

76. 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):

www.gsa.gov/far

77. 52.253-1 COMPUTER GENERATED FORMS (REFERENCE 53.111)

78. 552.203-71 RESTRICTION ON ADVERTISING (REFERENCE 503.570-2)

79. 552.211-71 STANDARD REFERENCES (REFERENCE 511.204-a)

80. 552.211-72 REFERENCES TO SPECIFICATIONS IN DRAWINGS (REFERENCE 511.204-b)

81. 552.211-84 NON-COMPLIANCE WITH CONTRACT REQUIREMENTS (REFERENCE 511.404(b))

82. 552.215-70 EXAMINATION OF RECORDS BY GSA (REFERENCE 515.209-70(a))

83. 552.219-74 SECTION 8(A) DIRECT AWARD (SEP 1999)

(a) This contract is issued as a direct award between the contracting activity and the 8(a) Contractor pursuant to the Memorandum of Understanding between the Small Business Administration (SBA) and the General Services Administration. SBA retains the responsibility for 8(a) certifications, 8(a) eligibility determinations, and related issues, and will provide counseling and assistance to the 8(a) contractor under the 8(a) program. The cognizant SBA district office is: Washington District Office.

(b) The contracting activity is responsible for administering the contract and taking any action on behalf of the Government under the terms and conditions of the contract. However, the contracting activity shall give advance notice to SBA before it issues a final notice terminating performance, either in whole or in part, under the contract. The contracting activity shall also coordinate with SBA prior to processing any advance payments or novation agreements. The contracting activity may assign contract administration functions to a contract administration office.

(c) The Contractor agrees:

(1) To notifying the Contracting Officer, simultaneous with its notification to SBA (as required by SBA's 8(a) regulations), when the owner or owners upon whom 8(a) eligibility is based plan to relinquish ownership or control of the concern. Consistent with 15 U.S.C. 637(a)(21), transfer of ownership or control shall result in termination of the contract for convenience, unless SBA waives the requirement for termination prior to the actual relinquishing of ownership and control.

(2) To the requirements of 52.219-14, Limitations on Subcontracting.

84. 552.228-70 WORKERS’ COMPENSATION LAWS (SEP 1999) (REFERENCE 528.310)

85. 552.232-78 PAYMENT INFORMATION (REFERENCE 532.908(c))

86. 552.236-70 DEFINITIONS (APR 1984) (REFERENCE 536.570-1)

87. 552.236-71 AUTHORITIES AND LIMITATIONS (APR 1984) (REFERENCE 536.570-2)

88. 552.236-74 WORKING HOURS (APR 1984) (REFERENCE 536.570-5)

89. 552.236-75 USE OF PREMISES (APR 1984) (REFERENCE 536.570-6)

90. 552.236-76 MEASUREMENTS (APR 1984) (REFERENCE 536.570-7)

91. 552.236-77 SPECIFICATIONS AND DRAWINGS (SEP 1999) (REFERENCE 536.570-8)

92. 552.236-78 SHOP DRAWINGS, COORDINATION DRAWINGS, AND SCHEDULES (SEP 1999) (REFERENCE 536.570-9)

93. 552.236-79 SAMPLES (APR 1984) (REFERENCE 536.570-10)

94. 552.236-80 HEAT (APR 1984) (REFERENCE 536.570-11)

95. 552.236-82 SUBCONTRACTS (APR 1984) (REFERENCE 536.570-13)

96. 552.243-70 PRICING OF ADJUSTMENTS (APR 1989) (REFERENCE 543.205(a)(1))

97. 552.243-71 EQUITABLE ADJUSTMENTS (APR 1984) (REFERENCE 543.205(a)(2))

98. 552.246-72 FINAL INSPECTION AND TESTS (SEP 1999) (REFERENCE 546.312)

99. 552.246-75 GUARANTEES (MAY 1989) (REFERENCE 546.710(c))

100. 552.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (DEVIATION FAR 52.252-6) (SEP 1999) (REFERENCE 552.107-70(b))

101. PRICE ADJUSTMENT IN ACCORDANCE WITH EMPLOYMENT COST INDEX, TABLE 3

102. SECURITY CLEARANCE REQUIREMENTS (NON-CLASSIFIED CONTRACT) – CLEARANCE OF CONTRACT EMPLOYEE PERSONNEL

Overview

Homeland Security Presidential Directive-12 “Policy for a Common Identification Standard for Federal Employees and Contractors” (the Directive) became effective August 27, 2004. The contractor shall comply with guidance concerning implementation of the Directive provided below:

Purpose

Consistent with the Homeland Security Presidential Directive – 12 (HSPD-12), and the Memorandum of Agreement (MOA) between the General Services Administration (GSA) and the Department of Homeland Security (DHS), Federal Protective Service (FPS) the procedures for processing Contractor Employee (CE) background investigation (BI) packages under the Contract Suitability Adjudication (CSA) Program have been revised. This guidance provides the new requirements and procedures to be followed for initiating investigation within the National Capital Region. When a favorable suitability determination is rendered by the FPS, it may result in eligibility to be issued a Personal identity Verification (PIV) credential used as an access “badge” for Federal Employees and contractor personnel within the National Capital Region (NCR)

Step 1 - The contractor and the contractor’s company will submit the Federal Protective Service (FPS) Contractor Information Worksheet (CIW) and the Credentialing Application form to the Requesting Official (Contracting Officer).

Step 2 - Upon completion, the Requesting Official will submit the CIW and Credentialing Application to their Division Coordinator for review. The Division Coordinator will then submit them to the Security Management Office.

Step 3 - Security Management Office will review and enter the information into a database and release to FPS (Federal Protective Services) for processing. If necessary, the CIW will be returned to the responsible Division Coordinator for corrections.

Step 4a and b - FPS creates e-QIP record for and contractor and send an e-QIP "invitation" to the applicants e-mail address. This invitation will contain instructions on how to access the e-Qip system and complete the SF-85 (Standard Form 85) online. The applicant will have 7 days to log into e-Qip. Once the applicant has logged in they will have 45 days to complete the SF-85 in its entirety before their case is cancelled in the e-Qip system.

Step 5 - Once the applicant completes the SF-85 they will click on the "Display Signature Pages" link and print out their 3 Signature pages. The applicant MUST also click the “Release to Investigating Agency” link in order for the investigation to be processed. The applicant can then contact the Security Management Office to schedule an appointment to have their fingerprints taken via Livescan. If hard copies are more convenient, the applicant can submit 2 completed fingerprint cards along with their 3 signature pages to the Security Management Office, room 5052.

Note: If a Livescan appointment is scheduled the applicant should bring their signature pages and two forms of valid ID (ex: Drivers License, Social Security Card) with them to room 5052 on the day of their scheduled appointment. The applicant will have their fingerprints taken digitally; these fingerprints will be submitted to FPS.

Step 6 - FPS will take 7-14 days to review the applicants’ fingerprints. If the review is found to be favorable the applicant will receive a certification. The Credentialing Application will then be forward to the HSPD-12 Program Management Office for sponsoring.

Step 7 - FPS will forward the NACI Background Investigation to OPM for processing. The investigation will take place while the contract employee is working. A typical NACI Investigation can last anywhere from 4-18 months. Once the NACI investigation is adjudicated the contract employee will be granted a suitability certification.

Unfavorable results for Contractor. If the Contracting Officer (CO) receives an unsuitable report on any prospective contract worker, or if the CO finds a prospective worker to be otherwise unsuitable or unfit for his assigned duties, the contractor shall be advised immediately by the Contracting Officer that such worker will no longer be allowed to work under the contract. The contractor must then take action to immediately remove the worker from the GSA contract.

PIV Card issuance

1. Once a GSA contractor/employee receives favorable fingerprint results, an email will be forwarded instructing the contractor/employee to complete an attached credentialing application or he/she can stop-by Security Management Division to pick an application.

2. After the contractor/employee has completed the credentialing application and returned it to the Security Management Office, Security Management staff will review the application to ensure that all of the required fields are complete.

3. Once a contractor/employee has been sponsored, he/ she will received an automatic notification requesting that they make an appointment for fingerprinting and photo.

4. Once the card printing is complete, an email notification is automatically generated by PMO’s office or Security Management retrieves or receives the card and notifies the applicant by email that his/her PIV card is ready for pick-up. The applicant will then be directed to the Time Trade appointment book to self register for badge pick-up.

PART 4 – SPECIFICATIONS

NOTICE TO OFFERER

The General Services Administration, National Capital Region, intends to enter into a firm-fixed price, indefinite delivery, indefinite quantity contract for Repair and Alteration Services for the Federal Triangle Complex (includes the following buildings: Ariel Rios, EPA East, EPA West, Connecting Wing, Mellon Auditorium, Ronald Reagan Building).

SPECIAL CONDITIONS

1. Summary of Contract Conditions.

The purpose of this contract is to establish terms and conditions upon which the Contractor will provide repairs and alterations including design-build to Government-owned and leased space in the buildings identified above under task orders issued by the Contracting Office and designated Ordering Officials.

The scope of services includes renovations; preparation of contract documents sealed by registered professionals for design-build purposes within their areas of expertise and the construction thereof; general construction services including wall partition construction, modification and alteration of floor and wall mounted telephones, signal, and power outlets to be included in the modification of associated conduit, surface mounted raceway, and various under floor duct systems; installation of new and the alteration of existing power panels; carpet and carpet tile installation; painting; door, door frame, and door set hardware installation; furnishing and installation of various wall coverings and draperies; communications cabling; grid ceiling and lighting installation and modification; modification of existing building fire sprinkler systems; and other such related work which would be outlined in delivery order and job drawings. Provide design and/or construction related to architectural, structural, civil geotechnical, mechanical, and electrical engineering; hazardous material identification, abatement and monitoring; life safety/fire-protection; historic preservation requirements; and the checking of shop drawings/materials. The services required for design (in whole or part) are for renovation/alteration projects with design-build requirements.

1.1. Indefinite Delivery Indefinite Quantity (IDIQ). IDIQ contracts for repair and alteration services will be awarded. An IDIQ provides for the furnishing of an indefinite quantity, within stated limits, of certain services during a specified time period. As projects become available, they will be forwarded to the contractor(s) for bid. The resultant task order shall include all supplies, equipment, materials, labor and supervision required to perform the work described in the plans and specifications.

1.2. Length of Contract. Each IDIQ contract will be for a period of one year beginning on or about August 1, 2009. Each contract includes 4 options to extend the term of the contract for an additional period of 12 months each.

1.3. Estimated Total. The maximum order limitation for each contract award is $3.5 million per year (initial year and each option year).

1.4. Guaranteed Minimum. The guaranteed minimum quantity of work the Government intends to order under each contract awarded is $10,000.00 per year (initial year and each option year).

1.5. Maximum. The yearly maximum limitation on each contract awarded shall not exceed $3.5 million for the initial year and each option year.

1.5 Working and Non-Working Hours. The work may be performed during normal working hours (6:00 a.m. to 6:00 p.m.) and/or during non-working hours as specified in each task order.

1.6. Completion Schedule. To be specified by each task order.

2. Definitions.

2.1. General Explanation. A substantial amount of specification language consists of definitions for terms found in other contract documents, including drawings. (Drawing must be recognized as requirements thereon.) Certain terms used in contract documents are defined in this article. Definitions and explanations contained in this section are not necessarily complete or exclusive, but are general for the work to the extent that they are not stated more explicitly in another element of contract documents.

2.2. Contracting Officer’s Representative (COR). A COR is a Government employee authorized in writing, by name and position title, to represent the Contracting Officer in the administration of a contract. The Contracting Officer’s letter of delegation shall contain specific information as to the extent to which the COR may take action for the Contracting Officer, and shall set forth all other responsibilities, authorities and limitations associated with the delegation.

2.3. Ordering Official. The Ordering Official is an employee of GSA who has been authorized in writing by the Contracting Officer to place task orders against GSA Indefinite Quantity contracts. An ordering official shall receive a letter of delegation from the Contracting Officer that outlines responsibilities, authorities and limitations.

2.4. Task or Delivery Order. A Task or Delivery Order is an instrument for ordering repair and alteration services against this contract.