12405B21R0030 - Clauses and Provisions.pdf

TABLE OF CONTENTS

PART I - THE SCHEDULE

SECTION A - SOLICITATION, OFFER, AND AWARD

(Construction, Alteration, or Repair)

TABLE OF CONTENTS

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

Clauses

SECTION C - DESCRIPTION/SPECIFICATION/WORK STATEMENT

Clauses

SECTION D - PACKAGING AND MARKING

Clauses

SECTION E - INSPECTION AND ACCEPTANCE

Clauses

SECTION F - DELIVERIES OR PERFORMANCE

Clauses

SECTION G - CONTRACT ADMINISTRATION DATA

Clauses

SECTION H - SPECIAL CONTRACT REQUIREMENTS

Clauses

SECTION I - CONTRACT CLAUSES

Clauses

SECTION J - LIST OF ATTACHMENTS

Attachments

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF

OFFERORS

Provisions

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

Provisions

SECTION M - EVALUATION FACTORS FOR AWARD

M.1 EVALUATION FACTORS

SECTION B- SUPPLIES AND SERVICES AND PRICE/COST

B - SECTION B - Supplies or Services and Prices/Costs Schedule of Items Clauses

B.1 SCOPE OF CONTRACT

The USDA, Agricultural Research Service (ARS) Southeast Area (SEA) Subtropical Horticulture Research Unit in Miami FL., has a requirement to modify existing security gate access and furnish and install access automation control equipment. The work consists of but is not limited to: The following shall not be considered a definitive narrative of the work nor shall it identify all materials required to complete the project or be limited by the following descriptions. It will be the Contractor's sole responsibility to design, layout, implement and complete all work necessary for each facet of the project to ensure proper integration, function and operation. This project has seven facets:

1. Modification of existing vehicle gate

2. Installation of new chain-driven gate operator and concrete mounting pad

3. Installation and termination from point of presence of communications, high and low voltage electrical

4. Installation and integration of access control equipment, components, and pedestals

5. Installation of all required gate safety and operational devices, exit loops and power back up system

6. Installation of video surveillance equipment, including a pole to mount the camera

7. Comprehensive Testing at the Subtropical Horticulture Research Unit in Miami FL.

All work shall be performed in accordance with the terms, conditions, drawings and specifications contained in this document.

B.2 SCHEDULE OF ITEMS

Item # Description Price/Cost

1. Modity Existing Security Gate Access & Install Auto Control-

B.3 PERFORMANCE TIME

Base Item: 4 5 calendar days after Notice to Proceed is issued.

B.4 DATA UNIVERSAL NUMBERING SYSTEM

Provide your Dunn and Bradstreet Number:

B.5 ADDITIONAL OFFER INFORMATION

NOTE: Contractors are required to be actively registered in the System for Award Management, (SAM) prior to submitting a proposal. You can register on- line at www.sam.gov. If you are already registered and your registration has expired, you will need to go the SAM website and update your information. Contractors must be active in SAM prior to submitting a proposal.

Proposals must be received not later than 08/19/2021, 3:00 pm CT COB. Proposals must be in writing and e-mailed to: huron.virden@usda.gov

Huron Virden, Contract Specialist

USDA, ARS, SEA

Stoneville, MS. 38776 Emailed to huron.virden@usda.gov

End of this section

SECTION C - DESCRIPTION/SPECIFICATION/WORK STATEMENT

C.1 STATEMENT OF WORK/SPECIFICATIONS

(AGAR 452.211-72) (FEB 1988)

The contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified) to perform the Statement of Work/Specifications referenced in Section J.

C.2 CONTRACT CLAUSES INCLUDED BY FULL TEXT:

AGAR 452.211-72 Statement of Work/Specifications As prescribed in 411.171, insert the following clause:

Statement of Work/Specifications (Feb 1988) The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the Statement of Work/Specifications referenced in Section J.

(End of Clause)

AGAR 452.211-73 Attachments to Statements of Work/Specifications As prescribed in 411.171, insert the following clause:

Attachments to Statements of Work/Specifications (Feb 1988) The attachments to the Statement of Work/Specifications listed in Section J are hereby made part of this solicitation and any resultant contract.

(End of Clause)

AGAR452.211-74 Period of Performance.

As prescribed in 411.404(a), insert the following clause:

PERIOD OF PERFORMANCE (FEB 1988)

The period of performance of this contract is from __*__ through __*__.

(End of Clause) End of this section http://www.sam.gov/ http://www.dm.usda.gov/procurement/policy/docs/AGAR_Updated_5May2016.pdf http://www.dm.usda.gov/procurement/policy/docs/AGAR_Updated_5May2016.pdf http://www.dm.usda.gov/procurement/policy/docs/AGAR_Updated_5May2016.pdf

SECTION D - PACKAGING AND MARKING

(For this Solicitation, there are NO Clauses in this Section)

SECTION E - INSPECTION AND ACCEPTANCE

E.1 SUBSTANTIAL COMPLETION INSPECTION

The Contractor shall notify the COR at least ten (10) calendar days before the end of the contract completion date to schedule the project for a substantial completion inspection to be conducted.

E.2 FINAL INSPECTION

(a) A final inspection shall be made only when all the materials have been furnished, all the work has been performed, and all the construction provided for by the contract in accordance with the terms has been completed. If, upon examination by the Contracting Officer and/or Government inspection personnel, the project is determined not sufficiently completed to have warranted a final inspection, the Contractor may be held financially liable for additional cost of reinspection when material and workmanship are not ready at the time specified by the Government for its inspection.

(b) The contractor shall give the Contracting Officer seven (10) calendar days advance notice, in writing, of the date the work will be fully completed and ready for final inspection.

(c) The Contracting Officer will notify the Contractor of any discrepancies and /or omissions noted at the final inspection by providing a "punchlist" as to the discrepancies/omissions, replacement of materials and performance or reperformance of any unsatisfactory work necessary for final acceptance. This notification shall not in any way be deemed an extension of the contract completion date. If all construction required by the contract is found completed and all contractual documents (i.e. payrolls, shop/as-builts/red-line drawings, release from claims, etc.) have been submitted, the Contracting Officer shall notify the Contractor of such in writing by processing the final payment for the project.

(d) Acceptance shall be final and conclusive, except for latent defects, fraud, or such gross mistakes as may amount to fraud, or regarding the Government's right under any warranty or guarantee.

E.3 FINAL ACCEPTANCE

Upon written notification that all deficiencies identified during the final inspection have been corrected, the Contracting Officer will schedule a final acceptance inspection of the work. If all construction required by the contract is determined to be complete and all requisite contract deliverable (e.g., certified payrolls records, operation & maintenance manuals, as-built drawings, warranty documents, etc.) have been submitted and approved by the Government, the Contracting Officer shall notify the Contractor in writing of such acceptance. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government’s rights under any warranty or guarantee.

SECTION F - DELIVERIES OR PERFORMANCE

F.1 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

(FAR 52.211-10) (APR 1984)

The contractor shall be required to (a) commence work under this contract within 14 calendar days after the date the contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 45 calendar days after receipt of notice to proceed. The time stated for completion shall include final cleanup of the premises.

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 CONTRACTING OFFICER'S REPRESENTATIVE

A Contracting Officer's Representative (COR) will be designated after contract award.

The contractor will be notified by letter of the name and duties of the COR.

G.2 CONTRACT CLOSEOUT

(a) Closeout Procedures:

(1) Comply with provisions in conditions of Solicitation/Contract Agreement relating to submittals prior to substantial completion, or Owner's use of completed portions of work.

(2) Provide submittals required by governing authorities.

(b) Cleaning:

(1) Execute cleaning during progress of work and at completion of work.

(2) Reference other specification sections for additional specific work.

(3) Maintain premises and public properties free from accumulations of waste, debris, and rubbish caused by operations.

(4) At completion of work, remove waste materials, rubbish, tools, equipment, machinery, and surplus materials:

a. Clean all sight-exposed surfaces.

b. Leave project clean and ready for occupancy or use.

c. All concrete floors and stairwells are to be broom cleaned.

(5) Areas disturbed during construction operations shall be restored generally to match conditions existing prior to start of work.

(c) Project Record Drawings:

(1) Maintain documents in clean, dry, legible condition.

(2) Make documents available at all times for inspection by COR, CO, and other individuals as may be designated by the CO.

(3) Label each document "Project Record."

(4) Keep record documents current.

(5) Do not conceal work until required information has been recorded.

(6) At completion of work, and before final acceptance, submit as-built drawings in accordance with special contract requirements.

(d) Operating and Maintenance Manuals:

(1) System Demonstration

a. Prior to final inspection demonstrate operation of each system to the COR, CO, and other individuals as may be designated by the CO.

b. Instruct designated Government personnel in operation, adjustment, and maintenance of equipment and systems, using the operation and maintenance data as the basis of instruction.

(2) Warranties and Bonds:

a. Submit warranties and maintenance bonds prior to final application for payment.

1. Submit within ten days after date of substantial completion.

2. For items of work delayed materially beyond date of substantial completion, provide updated submittal within ten days after acceptance, listing date of acceptance as start of warranty period.

G.3 AS-BUILT DRAWINGS

On completion of work, one set of paper specifications and one print and one plastic reproducible of each of the contract drawings accompanying those specifications shall be neatly and clearly marked in red to show all variations between the construction actually provided and that indicated or specified and delivered to the CO. Where a choice of materials and/or methods is permitted, the as-built drawings shall define the construction actually provided.

Representation of such variation shall conform to standard drafting practice and include such supplementary notes, legends and details as may be necessary. The contractor shall stamp the term RECORD DOCUMENTS, date and sign all plastic reproducibles, drawings and volumes of marked specifications. Legibility and clear portrayal of the as-built construction and marked prints shall be subject to approval by the Contracting Officer with the recommended approval of the Engineering Project Manager (EPM).

G.4 RELEASE FROM CLAIMS

Upon satisfactory completion of all work, the contractor shall furnish a statement of release of all claims against the Government arising under and by virtue of the contract. The contractor shall complete and submit, on company letterhead, the following statement with his final billing:

"For and in consideration of the receipt of final payment in the amount of $ under and pursuant to Contract No. the undersigned hereby releases the Government from any and all obligations whatsoever arising under said contract.

Signature ___________________________ Date _____________________"

G.3 INVOICE PREPARATION AND SUBMISSION

Based upon acceptance of required contract deliverables, the contractor shall submit an original invoice to the following address:

Email to: huron.virden@usda.gov The contractor shall include the following information on each invoice in order to be considered a proper invoice:

1. Name and address of contractor.

2. Invoice number and Invoice date.

3. Contract number.

4. Description of work and period of performance.

5. Name, title, phone number, and complete mailing address of official to whom payment is to be sent.

6. Name, title, phone number, and complete mailing address of person to notify in the event of a defective invoice.

7. Taxpayer Identification Number (TIN) and DUNS Number.

8. Invoices must be submitted with ARS-371 and ARS-372, along with certified payroll records, Contractor Certification, and updated CPM Schedule.

mailto:huron.virden@usda.gov

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 AVAILABILITY AND USE OF UTILITY SERVICES

(FAR 52.236-14) (APR 1984)

(a) The Government shall make all reasonably required amounts of utilities available to the Contractor from existing outlets and supplies, as specified in the contract. Unless otherwise provided in the contract, the amount of each utility service consumed shall be charged to or paid for by the Contractor at prevailing rates charged to the Government or, where the utility is produced by the Government, at reasonable rates determined by the Contracting Officer. The Contractor shall carefully conserve any utilities furnished without charge.

(b) The Contractor, at its expense and in a workmanlike manner satisfactory to the Contracting Officer, shall install and maintain all necessary temporary connections and distribution lines, and all meters required to measure the amount of each utility used for the purpose of determining charges. Before final acceptance of the work by the Government, the Contractor shall remove all the temporary connections, distribution lines, meters, and associated paraphernalia.

H.2 CONTRACT CLAUSES INCLUDED BY REFERENCE:

FAR 52.236-1 -- Performance of Work by the Contractor (Apr 1984) FAR 52.236-2 -- Differing Site Conditions (Apr 1984) FAR 52.236-3 -- Site Investigation and Conditions Affecting the Work (Apr 1984) FAR 52.236-5 -- Material and Workmanship (Apr 1984) FAR 52.236-6 -- Superintendence by the Contractor (Apr 1984) FAR 52.236-7 -- Permits and Responsibilities (Nov 1991) FAR 52.236-8 -- Other Contracts -- (Apr 1984) FAR 52.236-9 -- Protection of Existing Vegetation, Structures, Equipment, Utilities, and

Improvements (Apr 1984) FAR 52.236-10 -- Operations and Storage Areas (Apr 1984) FAR 52.236-11 -- Use and Possession Prior to Completion (Apr 1984) FAR 52.236-12 -- Cleaning Up (Apr 1984) FAR 52.236-13 -- Accident Prevention (Nov 1991) FAR 52.236-14 -- Availability and Use of Utility Services (APR 1984) FAR 52.236-15 -- Schedules for Construction Contracts (Apr 1984) FAR 52.236-17 -- Layout of Work (APR 1984)

H.3 INSURANCE COVERAGE

(AGAR 452.228-71) (NOV 1996)

Pursuant to FAR clause 52.228-5, Insurance-Work on a Government Installation, the Contractor will be required to present evidence to show, as a minimum, the amounts of insurance coverage indicated below:

(a) Workers Compensation and Employer's Liability. The Contractor is required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit worker's compensation to be written by private carriers.

(b) General Liability. The Contractor shall have bodily injury liability insurance coverage written on a comprehensive form of policy of at least $500,000 per occurrence.

(c) Automobile Liability. The Contractor shall have automobile liability insurance written on a comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage or loss.

(d) Aircraft Public and Passenger Liability. When aircraft are used in connection with performing the contract, the Contractor shall have aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger injury. Coverage for passenger injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

H.4 PROHIBITION AGAINST THE USE OF LEAD-BASED PAINT

(AGAR 452.236-71) (NOV 1996)

Neither the Contractor nor any subcontractor performing under this contract shall use paints containing more then 0.06 of 1 percent lead by weight (calculated as lead metal) in the total nonvolatile content of the paint, or the equivalent measure of lead in the dried film of paint already applied, or both.

H. 5 USE OF PREMISES

(AGAR 452.236-72) (NOV 1996)

(a) Before any camp, quarry, borrow pit, storage, detour, or bypass site, other than shown on the drawings, is opened or operated on USDA land or lands administered by the USDA, the Contractor shall obtain written permission from the Contracting Officer. A camp is interpreted to include a campsite or trailer parking area of any employee working on the project for the Contractor.

(b) Unless excepted elsewhere in the contract, the Contractor shall (i) provide and maintain sanitation facilities for the work force at the site and (ii) dispose of solid waste in accordance with applicable Federal, State and local regulations.

H. 6 ARCHAEOLOGICAL OR HISTORIC SITES

(AGAR 452.236-73) (FEB 1988)

If a previously unidentified archaeological or historic site(s) is encountered, the Contractor shall discontinue work in the general area of the site(s) and notify the Contracting Officer immediately.

H.7 CONTROL OF EROSION, SEDIMENTATION, AND POLLUTION

(AGAR 452.236-74) (NOV 1996)

(a) Operations shall be scheduled and conducted to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, and impoundments (lakes, reservoirs, etc.).

(b) Pollutants such as fuels, lubricants, bitumens, raw sewage, and other harmful materials shall not be discharged on the ground; into or nearby rivers, streams, or impoundments; or into natural or man-made channels. Wash water or waste from concrete or aggregate operations shall not be allowed to enter live streams prior to treatment by filtration, settling, or other means sufficient to reduce the sediment content to not more than that of the stream into which it is discharged.

(c) Mechanized equipment shall not be operated in flowing streams without written approval by the Contracting Officer.

H.8 CONSTRUCTION PROGRESS AND PAYMENT SCHEDULE

(a) Within fourteen (14) days after the date of receipt of Notice to Proceed, the contractor shall prepare and submit to the Contracting Officer for approval the original copy of ARS Form 371, Construction Progress and Payment Schedule. This form will serve as a Schedule of Estimates, Progress Schedule, and when used with ARS Form 372, it will be basis for Requests or Partial Payment. The values employed in making the schedule will be used only for determining partial payments and will not be considered as fixing a basis for additions to or deductions from the contract. A copy of the approved schedule will be returned to the contractor.

(b) Samples of both ARS Forms 371 and 372 are available upon request. A supply of these forms together with instruction for completion of ARS Form 371 will be mailed to the contractor with the Notice to Proceed.

(c) ARS Form 371 is required even though progress or partial payments are not requested.

(d) The need by an offeror for partial or progress payments, when authorized in the payment provision of this solicitation, will not be treated as a handicap in making the award.

H.9 PROPERTY DAMAGE LIABILITY INSURANCE

The contractor shall ensure that the property damage liability insurance policy (or rider) required by FAR 52.228-5, Insurance -- Work on a Government Installation, is in full compliance with all the terms and conditions of this contract. The policy shall not contain any exclusions or exceptions that would limit or adversely affect the Government’s rights and remedies under any other clause in this contract or other Federal regulation or law. Should there be any exclusions or exceptions contained in the policy that limits or adversely affects the Government’s rights, the contractor shall be responsible for the full amount of any damages that occur to the immediate facilities, adjacent facilities/property, and other Government property under the control of the contractor due to fraud, negligence, vandalism, willful misconduct, or violation of Federal, state, or local safety regulations, building codes, and laws. The contractor shall have full responsibility and is liable for these facilities and properties until the Government has accepted the contract as being completed in full and a release from claims has been received from the contractor.

For those areas where the Government has taken “beneficial occupancy” prior to completion and acceptance of the whole contract, the contractor shall not be responsible for those specific areas under Government control, except in such instances where damage occurs to those areas as a result of negligence, fraud, vandalism, willful misconduct, or violation of Federal, state, or local safety regulations, building codes, or laws in those areas under the control of the contractor.

This liability and responsibility includes the activities of all the contractor=s personnel, the subcontractors, and suppliers.

H.10 UTILITIES OUTAGE

Any interruption of utilities or services that would interfere with the operation of the facility will be permitted only with prior written approval from the Contracting Officer. Any utilities or service connections made at other than normal working hours will be at no additional cost to the Government. Permission to make such an interruption shall be requested in writing to the Contracting Officer, at least (3) days prior to the day of interruption. Failure by the Contractor to comply with this requirement will cause the Contractor to be subject to liability for actual damages.

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

I.1 CLAUSES INCORPORATED BY REFERENCE

(FAR 52.252-2) (FEB 1998)

FAR 52.204-12 -- Data Universal Numbering System Number Maintenance (Oct 2016) FAR 52.204-13 -- System for Award Management Maintenance (Oct 2018) FAR 52.204-23 --Prohibition on Contracting for Hardware, Software, and Services

Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018)

FAR 52.209-6 -- Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Jun 2020)

FAR 52.209-10-- Prohibition on Contracting With Inverted Domestic Corporations (Nov 2015)

FAR 52.219-6 -- Notice of Total Small Business Set-Aside (Nov 2020) FAR 52.219-28 --Post-Award Small Business Program Representation (Nov 2020) FAR 52.222-1 -- Notice to the Government of Labor Disputes (Feb 1997) FAR 52.222-3 -- Convict Labor (June 2003) FAR 52.222-6 -- Construction Wage Rate Requirements (Aug 2018) FAR52.222-7 -- Withholding of Funds (May 2014) FAR 52.222-8 -- Payrolls and Basic Records (Aug 2018) FAR 52.222-9 -- Apprentices and Trainees (Jul 2005) FAR 52.222-10 -- Compliance with Copeland Act Requirements (Feb 1988) FAR 52.222-11 -- Subcontracts (Labor Standards) (May 2014) FAR 52.222-12 -- Contract Termination -- Debarment (May 2014) FAR 52.222-13 -- Compliance with Construction Wage Rate Requirements and Related

Regulations (May 2014) FAR 52.222-14 -- Disputes Concerning Labor Standards (Feb 1988) FAR 52.222-15 -- Certification of Eligibility (May 2014) FAR 52.222-20 -- Contracts for Materials, Supplies, Articles and Equipment Exceeding

$15,000 (Jun 2020) FAR 52.222-21 -- Prohibition of Segregated Facilities (Apr 2015) FAR 52.222-26 -- Equal Opportunity (Sep 2016) FAR 52.222-27 -- Affirmative Action Compliance Requirements for Construction (Apr

2015) FAR 52.222-50 -- Combating Trafficking in Persons (Oct 2020) FAR 52.222-55 -- Minimum Wages Under Executive Order 13658 (Nov 2020) FAR 52.223-2 -- Affirmative Procurement of Biobased Products Under Service and

Construction Contracts (Sep 2013) FAR 52.223-5 -- Pollution Prevention and Right-to-Know Information. (May 2020) FAR 52.223-15 -- Energy Efficiency in Energy-Consuming Products (May 2020) FAR 52.223-18 -- Encouraging Contractor Policies to Ban Text Messaging While Driving

(Jun 2020)

FAR 52.225-13 -- Restriction on Certain Foreign Purchases (Jun 2008) FAR 52.227-1 -- Authorization and Consent (Jun 2020) FAR 52.227-2 -- Notice and Assistance Regarding Patent and Copyright Infringement (Jun

2020) FAR 52.227-4 -- Patent Indemnity -- Construction Contracts (Dec 2007) FAR 52.228-13 -- Alternative Payment Protections (Jun 2020) FAR 52.229-4 -- Federal, State, and Local Taxes (State and Local Adjustments) (Feb 2013) FAR 52.232-5 -- Payments under Fixed-Price Construction Contracts (May 2014) FAR 52.232-16 -- Progress Payments (Jun 2020) FAR 52.232-23 -- Assignment of Claims (May 2014) FAR 52.232-27 -- Prompt Payment for Construction Contracts (Jan 2017) FAR 52.232-33 -- Payment by Electronic Funds Transfer-- System for Award Management

(Oct 2018) FAR 52.232-39 -- Unenforceability of Unauthorized Obligations (Jun 2013) FAR 52.232-40 -- Providing Accelerated Payments to Small Business Subcontractors (Dec

2013) FAR 52.233-1 -- Disputes (May 2014) Alternate I (Dec 1991) FAR 52.233-3 -- Protest after Award (Aug. 1996) FAR 52.233-4 -- Applicable Law For Breach Of Contract Claim (OCT 2004) FAR 52.236-26 -- Preconstruction Conference (FEB 1995) FAR 52.243-5 -- Changes and Changed Conditions (Apr 1984 FAR 52.244-6 -- Subcontracts for Commercial Items (Nov 2020) FAR 52.246-21 -- Warranty of Construction (MAR 1994) FAR 52.249-2 -- Termination for Convenience of the Government (Fixed-Price) (APR 2012) FAR 52.249-10 -- Default (Fixed-Price Construction) (APR 1984) FAR 52.253-1 -- Computer Generated Forms (JAN 1991)

(END CLAUSES BY REFERENCE)

I.2 ESTIMATE OF PERCENTATGE OF RECOVERED MATERIAL CONTENT FOR

EPA-DESIGNATED ITEMS (FAR 52.223-9)(MAY 2008)

(a) Definitions. As used in this clause— “Postconsumer material” means a material or finished product that has served its intended use and has been discarded for disposal or recovery, having completed its life as a consumer item.

Postconsumer material is a part of the broader category of “recovered material.”

“Recovered material” means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process.

(b) The Contractor, on completion of this contract, shall—

(1) Estimate the percentage of the total recovered material content for EPA-designated item(s) delivered and/or used in contract performance, including, if applicable, the percentage of post-consumer material content; and

(2) Submit this estimate to _____________________ [Contracting Officer complete in accordance with agency procedures].

Certification: I, _______________ (name of certifier), am an officer or employee responsible for the performance of this contract and hereby certify that the percentage of recovered material content for EPA-designated items met the applicable contract specifications or other contractual requirements.

[Signature of the Officer or Employee]

[Typed Name of the Officer or Employee]

[Title]

[Name of Company, Firm, or Organization]

[Date]

I.3 BUY AMERICAN ACT - CONSTRUCTION MATERIALS

(FAR 52.225-9) (MAY 2014)

“Commercially available off-the-shelf (COTS) item”—

(1) Means any item of supply (including construction material) that is—

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

“Component” means an article, material, or supply incorporated directly into a construction material.

“Construction material” means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are https://acquisition.gov/far/current/html/Subpart%202_1.html#wp1145508 http://uscode.house.gov/ produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

“Cost of components” means—

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

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

“Domestic construction material” means—

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

(2) A construction material manufactured in the United States, if—

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic;

or

(ii) The construction material is a COTS item.

“Foreign construction material” means a construction material other than a domestic construction material.

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

(b) Domestic preference.

(1) This clause implements 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows:

[Contracting Officer to list applicable excepted materials or indicate “none”]

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

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American statute http://uscode.house.gov/ http://uscode.house.gov/ https://acquisition.gov/far/current/html/Subpart%2012_5.html#wp1077123 is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

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

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

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

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

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

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

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

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

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

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

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

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

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

FOREIGN AND DOMESTIC CONSTRUCTION MATERIALS PRICE COMPARISON

Construction Material Description Unit of Measure Quantity Price (Dollars)* Item 1:

Foreign construction material _______ _______ _______ Domestic construction material _______ _______ _______

Item 2: _______ _______ _______ Foreign construction material _______ _______ _______ Domestic construction material [List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.] [Include other applicable supporting information.] [* Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).]

I.4 NOTICE OF BUY AMERICAN ACT REQUIREMENT – CONSTRCTION

MATERIALS (FAR 52.225-10) (MAY 2014)

((a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American—Construction Materials” (Federal Acquisition Regulation (FAR) clause 52.225-9).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers.

(1) The Government will evaluate an offer requesting exception to the requirements of the

Buy American statute, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an https://acquisition.gov/far/current/html/52_223_226.html#wp1169273 https://acquisition.gov/far/current/html/52_223_226.html#wp1169273 exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers.

(1) When an offer includes foreign construction material not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested—

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding;

or

(ii) May be accepted if revised during negotiations.

I.5 BID GUARANTEE (FAR 52.228-1) (SEP 1996) (28.101-1)

(Applies if Performance and Payment Bonds are required)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier’s check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds, (1) to unsuccessful bidders as soon as practicable after the opening of bids, and (2) to the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.

(c) The amount of the bid guarantee shall be 20 percent of the bid price or $3 Million, whichever is less. If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default. In the event the contract is terminated for default, the bidder is liable for any cost of the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

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I.6 PERFORMANCE AND PAYMENT BONDS - CONSTRUCTION

(FAR 52.228-15) (JUN 2020)

(This clause applies if award exceeds $150,000)

“Original contract price” means the award price of the contract; or, for requirements contracts, the price payable for the estimated total quantity; or, for indefinite-quantity contracts, the price payable for the specified minimum quantity. Original contract price does not include the price of any options, except those options exercised at the time of contract award.

(b) Amount of required bonds. Unless the resulting contract price is $150,000 or less, the successful offeror shall furnish performance and payment bonds to the Contracting Officer as follows:

(1) Performance bonds (Standard Form 25). The penal amount of performance bonds at the time of contract award shall be 100 percent of the original contract price.

(2) Payment Bonds (Standard Form 25A). The penal amount of payment bonds at the time of contract award shall be 100 percent of the original contract price.

(3) Additional bond protection.

(i) The Government may require additional performance and payment bond protection if the contract price is increased. The increase in protection generally will equal 100 percent of the increase in contract price.

(ii) The Government may secure the additional protection by directing the Contractor to increase the penal amount of the existing bond or to obtain an additional bond.

(a) Furnishing executed bonds. The Contractor shall furnish all executed bonds, including any necessary reinsurance agreements, to the Contracting Officer, within the time period specified in the Bid Guarantee provision of the solicitation, or otherwise specified by the Contracting Officer, but in any event, before starting work.

(b) Surety or other security for bonds. The bonds shall be in the form of firm commitment, supported by corporate sureties whose names appear on the list contained in Treasury Department Circular 570, individual sureties, or by other acceptable security such as postal money order, certified check, cashier's check, irrevocable letter of credit, or, in accordance with Treasury Department regulations, certain bonds or notes of the United States Treasury Circular 570 is published in the Federal Register or may be obtained from the:

http://www.acquisition.gov/far/current/html/FormsStandard4.html#wp1176615 http://www.acquisition.gov/far/current/html/FormsStandard5.html#wp1176623

U.S. Department of the Treasury Financial Management Service Surety Bond Branch 3700 East West Highway, Room 6F01 Hyattsville, MD 20782.

Or via the internet at http://www.fms.treas.gov/c570/.

(e) Notice of subcontractor waiver of protection (40 U.S.C. 3133(c)). Any waiver of the right to sue on the payment bond is void unless it is in writing, signed by the person whose right is waived, and executed after such person has first furnished labor or material for use in the performance of the contract.

I.7 ALTERNATIVE PAYMENT PROTECTIONS (FAR 52.228-13) (JUL 2000)

(This clause applies if award is between $35,000 and $150,000)

(a) The Contractor shall submit one of the following payment protections:

(1.) Payment Bond

(2.) Irrevocable Letter of Credit

(b) The amount of the payment protection shall be 100 percent of the contract price.

(c) The submission of the payment protection is required within _10_ days of contract award.

(d) The payment protection shall provide protection for the full contract performance period, plus a one-year period http://www.fms.treas.gov/c570/

PART III - LIST OF DOCUMENTS, EXHIBITS

AND OTHER ATTACHMENTS

SECTION J - LIST OF ATTACHMENTS

J.1 LIST OF ATTACHMENTS

NUMBER

ATTACHMENT NO. TITLE OF PAGES

Attachment I Statement of Work 15_ Attachment II Davis Bacon Wage Determination (FL215) * 6__ Attachment III SF-25A Payment Bond 2

* NOTICE: If any of the Department of Labor (DOL) wage rates are below the Minimum Wage, Fair Labor Standards Act (FLSA) rate, notwithstanding the DOL published rate, the FLSA rate shall take precedence.

PART IV - REPRESENTATIONS AND INSTRUCTIONS

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

K.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 Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at these addresses:

http://acquisition.gov/far/loadmainre.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) PROVISIONS

NUMBER DATE TITLE

52.203-11 SEPT 2007 CERTIFICATION AND DISCLOSURE REGARDING

PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS.

52.223-1 MAY 2012 BIOBASED PRODUCT CERTIFICATION

52.223-4 MAY 2008 RECOVERED MATERIAL CERTIFICATION

K.2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (FAR 52.203-2)

(APR 1985)

(a) The offeror certifies that—

(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to—

(i) Those prices;

(ii) The intention to submit an offer; or

(iii) The methods or factors used to calculate the prices offered.

(2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and

(3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.

(b) Each signature on the offer is considered to be a certification by the signatory that the signatory—

(1) Is the person in the offeror’s organization responsible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to paragraphs (a)(1) through (a)(3) of this provision; or

(2)(i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to paragraphs (a)(1) through (a)(3) of this provision ____________________ [insert full name of person(s) in the offeror’s organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the offeror’s organization];

(ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) of this provision have not participated, and will not participate, in any action contrary to paragraphs (a)(1) through (a)(3) of this provision; and

(iii) As an agent, has not personally participated, and will not participate, in any action contrary to paragraphs (a)(1) through (a)(3) of this provision.

(c) If the offeror deletes or modifies paragraph (a)(2) of this provision, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure.

K.3 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (FAR 52.204-8)

(MAY 2020)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is __561621____ [insert NAICS code].

(2) The small business size standard is _$22.0 million [insert size standard].

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in the System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

□ (i) Paragraph (d) applies.

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□ (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price…