1240BH24Q0010 Solicitation Package MTA HVAC Replacement.pdf

1240BH24Q0010

1. REQUEST NO.

5a. ISSUED BY

NAME

a. NAME

c. STREET ADDRESS

d. CITY

10. PLEASE FURNISH QUOTATIONS TO

THE ISSUING OFFICE IN BLOCK 5a ON

OR BEFORE CLOSE OF BUSINESS (Date)

2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG.1

RATING

7. DELIVERY

9. DESTINATION

a. NAME OF CONSIGNEE

b. STREET ADDRESS

5b. FOR INFORMATION CALL: (No collect calls)

TELEPHONE NUMBER

AREA CODE NUMBER

8. TO:

b. COMPANY

e. STATE f. ZIP CODE

c. CITY

d. STATE e. ZIP CODE

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

THIS RFQ

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

IS IS NOT A SMALL BUSINESS SET ASIDEX

04/11/2024 1120527

1220 SW 3RD AVE

STE 310

PORTLAND OR 97204-2829

USDA-FS CSA NORTHWEST 6 6. DELIVERY BY (Date)

90 Days After Notice to Proceed

GIFFORD PINCHOT NATIONAL FOREST MT

2455 HWY 141

TROUT LAKE

WA 98650-9046

971 710-8493SUSIE FELTON

04/26/2024 1700 PT

FOB DESTINATION

OTHER

(See Schedule)X

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

1 EA

0003 1 EA

Mt. Adams HVAC Replacement Period of Performance: 05/15/2024 to 07/10/2024

HVAC Replacement Delivery: 90 Days After Notice to Proceed

Option Building 1019 (Not Separately Priced) Delivery: 90 Days After Notice to Proceed

Option Building 1014 (Not Separately Priced) Delivery: 90 Days After Notice to Proceed

12. DISCOUNT FOR PROMPT PAYMENT

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS

NUMBER PERCENTAGE

NOTE: Additional provisions and representations

13. NAME AND ADDRESS OF QUOTER

b. STREET ADDRESS

c. COUNTY

d. CITY e. STATE f. ZIP CODE

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

16. SIGNER

a. NAME (Type or print)

c. TITLE (Type or print)

a. NAME OF QUOTER

AREA CODE

NUMBER

15. DATE OF QUOTATION

b. TELEPHONE are are not attached

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

STANDARD FORM 18 (REV. 6-95)

Prescribed by GSA - FAR (48 CFR) 53.215-1(a)

1 EA

MTA HVAC Replacement Solicitation No: 1240BH24Q0010 Page 1 of 37

There is no specific classification or labor category that matches the work for this solicitation within the current wage determination.

However,in accordance with the Department of Labor (DOL) prevailing wages and fringe benefits still apply.

Table of Contents

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SCHEDULE OF ITEMS

B.2 CONTRACTOR INFORMATION

SCHEDULE NOTES

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 SCOPE OF CONTRACT

C.2 PROJECT LOCATION

C.3 MAGNITUDE OF CONSTRUCTION PROJECT

C.4 APPLICABLE SPECIFICATIONS

C.5 GUIDELINES FOR SUBMITTALS

C.6 PRODUCTS SAMPLES AND/OR SUBMITTALS

C.7 PROJECT COORDINATION/OTHER WORK IN THE AREA

SECTION D--PACKAGING AND MARKING

D.1 PACKING AND MARKING

D.2 PROJECT LABELING FOR OFFICIAL CORRESPONDENCE

SECTION E--INSPECTION AND ACCEPTANCE

E.1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

E.2 INSPECTION AND ACCEPTANCE (AGAR 452.246-70) (FEB 1988)

E.3 INSPECTION AND TESTING PERFORMED BY GOVERNMENT

SECTION F--DELIVERIES OR PERFORMANCE

F.1 CLAUSES

SECTION G--CONTRACT ADMINISTRATION DATA

G.1 CLAUSES

G.2 PRE-QUOTE CONFERENCE

G.3 OTHER REQUIREMENTS

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1 USE OF PREMISES

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

I.1 CLAUSES

PART III--LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

SECTION J--LIST OF ATTACHMENTS

J.1 ATTACHMENTS

PART IV--REPRESENTATIONS AND INSTRUCTIONS

SECTION K--REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF

OFFERORS OR RESPONDENTS

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K.1 PROVISIONS

SECTION L--INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR RESPONDENTS

L.1 PROVISIONS

L.2 QUOTE PREPARATION INSTRUCTIONS:

SECTION M--EVALUATION FACTORS FOR AWARD

M.1 PROVISIONS

M.2 QUOTE EVALUATION

M.3 EVALUATION FACTORS

MTA HVAC Replacement Solicitation No: 1240BH24Q0010 Page 3 of 37

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SCHEDULE OF ITEMS

Contract Line Item 0001(Base) Mt. Adams HVAC Replacement

Item No.

Description Unit of Issue

Qty Unit Price Total Price

One (1) Ducted Heat Pump and Air Handler/Furnace System - Bldg. #1018

LS $ $

Contract Line Item 0002 (Option 1)

One (1) Ducted Heat Pump and Air Handler/Furnace System - Bldg. #1019

LS $ $

Contract Line Item 0002 (Option 2)

One (1) Ducted Heat Pump and Air Handler/Furnace System - Bldg. #1014

LS $ $

B.2 CONTRACTOR INFORMATION

Unique Entity ID (SAM):

EMAIL:

SCHEDULE NOTES

1. Items labeled as optional are not required to be exercised by the government. If exercised, the contractor will be required to perform the optional work in accordance with the terms and conditions of this contract.

2. One award will be made from this solicitation, contractors must submit pricing for all items.

3. Payment for bond premiums in accordance with Clause 52.232-5, Payments under Fixed Price Construction Contracts, shall not be in addition to the contract price.

4. Payment bonds of 100% are required for awards over $35,000.

5. Mobilization is considered an incidental item to this work; this includes, but is not limited to, the following: equipment, materials, and labor. Ensure that mobilization costs are accounted for as necessary within the respective bid items.

Total Price

Base Item Total $

Option 1 Total $

Option 2 Total $

Total (add all items) $

MTA HVAC Replacement Solicitation No: 1240BH24Q0010 Page 4 of 37

6. Removal/decommissioning of the current systems is considered an incidental item to this work;

this includes, but is not limited to, the following: equipment, materials, labor, disposal/waste fees.

Ensure that removal/decommission costs are accounted for as necessary within the respective bid items. All work for this contract must comply with County, State, and Federal regulations, and standards.

Note: Prospective awardee shall be registered and active in the System for Award Management (SAM) data base when submitting an offer and shall continue to be registered until time of award, during performance, and through final payment of a contract resulting from this solicitation.

Information on registration may be obtained via the internet at: http://www.sam.gov. All contractors and vendors must complete the electronic version of the Representations and Certifications in the SAM system.

See Section C, Section L and Section M for Instructions to Offerors and Submittal Requirements.

MTA HVAC Replacement Solicitation No: 1240BH24Q0010 Page 5 of 37

There is no specific classification or labor category that matches the work for this solicitation within the current wage determination. However,in accordance with the Department of Labor (DOL) prevailing wages and fringe benefits still apply.

7.

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 SCOPE OF CONTRACT

This contract involves the supply and installation of three (3) HVAC systems located on the Mt.

Adams Ranger District within the Gifford Pinchot National Forest (NF). The existing HVAC systems are 20+ years old and will need to be removed and disposed of by the contractor off USFS land. There are three (3) buildings and may be designed to serve a single-family residence.

The Contractor must quote on all base and optional items to be considered for award of this contract.

The contractor must install any associated duct work for any supply/fresh air system if required. It is expected that the new HVAC systems will be direct replacements of the current HVAC systems and have equal or greater capacity, existing ductwork will be utilized.

Bldg. 1018 (Item 1) consists of an ICP model MF12F1900A1 furnace, with one (1) 50A and one (1) 60A breaker on furnace. The ICP Model TCH042AKA1 heat pump is installed on a metal riser which sits on existing pad. The residence is approximately 1600 square ft. including basement where furnace/air handler and ductwork are located. The equipment sizing has served the home well in the past.

Bldg. 1019 (Item 2) consists of a York Electric Furnace model MA16CN21H, with one (1) 50A and one (1) 60A breaker on furnace. There is no existing heat pump, pad, or associated line set. This single-story residence is approximately 1500 square ft. and has a centrally located HVAC closet which houses the furnace. A heat pump is not currently installed at this location, the contractor must determine the appropriate size of the new system needed.

Bldg. 1014 (Item 3) consists of a York Electric Furnace model MA16CN21H, with one (1) 50A and one (1) 60A breaker on furnace. There is no existing heat pump, pad, or associated line set. This single-story residence is approximately 1500 square ft. and has a centrally located HVAC closet which houses the furnace. A heat pump is not currently installed at this location, the contractor must determine the appropriate size of the new system needed.

Contractor shall submit which system is planned to be installed explaining the type, size, and manufacturer of respective HVAC system. The contractor must take the following into consideration when determining the best systems to provide for installation:

HVAC system with Heating Seasonal Performance Factor (HSPF) rating for cold-weather performance. (see specifications for additional information)

Manufacturer warranty.

Parts availability.

Serviceability by local service technicians.

Air handler/furnace size, to ensure that the new proposed system can fit in the current available space for the air handler/furnace. *An up flow/downflow retrofit kit is acceptable into existing handler/ductwork.

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C.2 PROJECT LOCATION

Mt. Adams Ranger District (MARD): The address for this work is as follows:

2455 HWY 141, Trout Lake, WA 98650

Latitude: 46.00003N, Longitude: 121.54463W

C.3 MAGNITUDE OF CONSTRUCTION PROJECT

The Government’s estimate is between $25,000 and $100,000.

C.4 APPLICABLE SPECIFICATIONS

The specifications shown in the Section J list of attachments are applicable to this contract. All specifications not included in the specification listing but referenced by listed specifications, are applicable.

452.211-72 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.

452.211-73 Attachments to Statement 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.

C.5 GUIDELINES FOR SUBMITTALS

Submittals are required by their corresponding specifications (basic reference or detailed requirement). Work covered on requiring submittals shall not begin until submittals have been approved.

Submittals shall include the following unless otherwise required in the specification:

1. Date and revision dates.

2. Project name and contact number.

3. Names of contractor, subcontractor, supplier, and manufacturer.

4. Specifications section number (if applicable).

5. Applicable standards such as ASTM or Federal Specifications.

6. Contractor’s stamp, initial, or signature, certifying the review of submittal, verification of measurements, and compliance with contract documents.

7. Provide all submittals within 10 calendar days of the contract award unless otherwise required by the specification.

Manufacturer's requirements:

Supply manufacturer's catalog sheets or brochures with diagrams, schedules, or performance charts.

Manufacturer’s product information provided shall clearly identify pertinent materials or models, dimensions, clearances, and all other applicable specification as required in this solicitation and resulting contract.

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Approval or Rejection Time Allowance:

Submittals will be reviewed and either approved or rejected after their receipt by the Contracting Officer and COR based on tables listed below.

C.6 PRODUCTS SAMPLES AND/OR SUBMITTALS

Title Referenced by Contract Clause or

Specification No.

Time for Government

Approval

Project Schedule Per Bldg. FAR 52.236-15 14 days

Project Specific Safety Plan FAR 52.236-13 14 days

Fire Plan AGAR 452.236-78 14 days Manufacturer’s Product Info (Thermostat)

Specifications Part 2 14 days

Manufacturer’s Product Info (Surge Protection)

Specifications Part 2 14 days

Manufacturer’s Product Manuals Specifications Part 2 14 days Manufacturer’s Product Info (Heat Pump)

Specifications Part 2 14 days

Product Warranties Specifications Part 2 14 days

System Operation Test Specifications Part 2 14 days

C.7 PROJECT COORDINATION/OTHER WORK IN THE AREA

Contractor will be required to coordinate with Contracting Officers Representative as needed to obtain access. The project site will need to remain open during the duration of the work, contractor will be expected to coordinate with personnel to a reasonable extent. (see project Specifications for additional information)

MTA HVAC Replacement Solicitation No: 1240BH24Q0010 Page 8 of 37

SECTION D--PACKAGING AND MARKING

D.1 PACKING AND MARKING

All shipments of materials, equipment and/or supplies shall be addressed to the Contractor and not to the Government.

D.2 PROJECT LABELING FOR OFFICIAL CORRESPONDENCE

The Government singularly identifies each project with a contract number at time of award. The contract number is a unique identifier to purposely and permanently represent an awarded project.

The Government issued contract number is to be referenced on all official communication starting upon notice of award.

MTA HVAC Replacement Solicitation No: 1240BH24Q0010 Page 9 of 37

SECTION E--INSPECTION AND ACCEPTANCE

E.1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

www.arnet.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)

CLAUSESCLAUSES

52.246-12 Inspection of Construction (AUG 1996)

E.2 INSPECTION AND ACCEPTANCE (AGAR 452.246-70) (FEB 1988)

(a) The Contracting Officer or the Contracting Officer's duly authorized representative will inspect and accept the supplies and/or services to be provided under this contract.

(b) Inspection and acceptance will be performed at the project site.

E.3 INSPECTION AND TESTING PERFORMED BY GOVERNMENT

The Government will perform testing, and quality assurance inspections of work in progress where the responsibilities are not expressly assigned to the Contractor by the Supplemental Specifications.

The Contractor is responsible for all Quality Control. Government inspections and tests are for the sole benefit of the Government and do not-

(1) Relieve the Contractor of responsibility for providing adequate quality control measures;

(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

(3) Constitute or imply acceptance;

MTA HVAC Replacement Solicitation No: 1240BH24Q0010 Page 10 of 37

SECTION F--DELIVERIES OR PERFORMANCE

F.1 CLAUSES

52.242-14 Suspension of Work (APR 1984)

52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10 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 90 days from the receipt of the notice to proceed. The time stated for completion shall include final cleanup of the premises.

Estimated start work date is 15 May 2024.

Construction activity shall be limited to the hours between 7:00 a.m. and 7:00 pm. Monday through Friday, unless other hours are approved in writing by the CO and no work will be permitted on Federal Holidays. The Contractor shall conduct activities so that interference with the occupants shall be kept at a minimum.

The Contractor shall use measures and precautions necessary to warn and protect the occupants and Government personnel during work at the project site. Such actions include, but are not limited to, furnishing, and maintaining barricades and signs around the work site and roping off the area.

MTA HVAC Replacement Solicitation No: 1240BH24Q0010 Page 11 of 37

SECTION G--CONTRACT ADMINISTRATION DATA

G.1 CLAUSES

452.215-73 Post Award Conference (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled and held at a mutually agreed time after the date of contract award. The conference will be held at via Microsoft Teams and a dial in number will be included with meeting invitation.

G.2 PRE-QUOTE CONFERENCE

The Government is not planning a pre-quote conference. For technical questions concerning this project contact COR at melissa.jolley@usda.gov.

G.3 OTHER REQUIREMENTS

DESIGNATION OF CONTRACTING OFFICER REPRESENTATIVE

The Contracting Officer’s Representative (COR) is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order or other matter deviating from the terms of this contract be effective or binding upon the government unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of the contract. The Contracting Officer should be informed as soon as possible or any actions, or inactions, by the Contractor, or the Government, which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly. (This does not apply to individual assignments which were issued by the COR provided they do not affect the delivery schedule, or the performance period stated in the contract.)

On all matters that pertain to the contract terms, the Contractor must communicate with the Contracting Officer. Whenever, in the opinion of the Contractor, the COR requests effort outside the scope of the contract, the Contractor should so advise the COR. If the COR persists and there still exists a disagreement as to proper contractual coverage, the Contracting Officer should be notified immediately, preferably in writing, if time permits. Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim.

ADDITIONAL PROJECT DETAILS

The information outlined below is a fundamental aspect of HVAC installations and should not be seen as a supplementary add-on. If any of these requirements are necessary, they should be included in the scope of work and must be factored in when submitting a quote.

New/Larger concrete pads for heat pump systems.

Replacement and/or modification of existing stand.

New installation/replacement of refrigerant lines/line set.

New installation/replacement of drain lines and or condensate pump.

New installation/replacement of pans for air handler/furnace systems

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Sealant of access holes in walls/floors/ceilings (interior and/or exterior) that were used from the old HVAC systems that are to be removed. This is also applicable to the thermostat systems.

Sealant/foam of access holes in walls/floors/ceilings (interior or exterior) that are used for the new HVAC systems and/or line set that are to be installed. Match paint, drywall, siding, and textures, as necessary. This is also applicable to the thermostat systems.

Installation of new breakers/fuses/disconnects within the existing electrical system that the new HVAC systems call for that may be different than what the current HVAC systems used. An example would be the following:

o The old HVAC system was protected by a 40-amp fuse, but the new HVAC system must be protected by a 30-amp fuse. This would result in the new HVAC system being over-fused, which is not acceptable.

o The same scenario above would apply to breakers. If breakers are to be replaced, ensure that they are of the same manufacture or meet the listed requirements of existing panel/disconnect.

Note: In order to carry out the installation of a new HVAC system under this agreement, certain physical alterations may be necessary. The contractor must seek evaluation and approval from either the Contracting Officer Representative or the Contracting Officer by submitting a written request before making any essential adjustments.

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SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1 USE OF PREMISES

(a) A storage site will be permitted within the project area. The Forest Service assumes no liability for materials stored within the storage site. The Contractor will be allowed to erect a temporary fence to secure materials and equipment; however, the fence shall be removed, and the site restored prior to final acceptance of the contract.

(b) Potable and non-Potable water are not available for use during construction.

(c) The Government shall make all reasonably required amounts of electricity available to the Contractor from existing outlets and supplies. The Contractor shall carefully conserve any utilities furnished without charge.

(d) Sanitary facilities are not available for use during construction. The Contractor shall provide on-site sanitary facilities for their workers or may use the public toilets located at the front of Mt Adams Ranger District Compound on WA Hwy 141.

H.2 SALVAGE RIGHTS

No salvage rights exist under the contract unless specifically provided elsewhere herein.

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PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

I.1 CLAUSES

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):

Federal Acquisition Regulation (FAR) Clauses:

https://www.acquisition.gov/browse/index/far (FAR clauses begin with 52) Department of Agriculture Acquisition Regulation (AGAR) Clauses:

https://www.acquisition.gov/agar (AGAR clauses begin with 452) FAR and AGAR Deviations to clauses may be viewed at: Policies & Regulations | USDA

52.203-17 Contractor Employee Whistleblower Rights (NOV 2023) (Whistleblower Guidance to contractor employees)

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

(JAN 2017)

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) 52.204-13 System for Award Management Maintenance (OCT 2018) 52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020) 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014) 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or

Provided by Kaspersky Lab Covered Entities (DEC 2023) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance

Services or Equipment (NOV 2021) 52.204-27 Prohibition on a ByteDance Covered Application (JUN 2023) 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment (NOV 2021) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015) 52.215-8 Order of Precedence—Uniform Contract Format (OCT 1997) 52.219-6 Notice of Total Small Business Set-Aside (NOV 2020) 52.219-14 Limitations on Subcontracting (OCT 2022)

☐ By the end of the base term of the contract and then by the end of each subsequent option period; or ☒ By the end of the performance period for each order issued under the contract.

52.219-28 Post Award Small Business Program Representation (SEP 2023) 52.222-3 Convict Labor (JUN 2003) 52.222-6 Construction Wage Rate Requirement (AUG 2018) 52.222-7 Withholding of Funds (MAY 2014) 52.222-8 Payrolls and Basic Records (JUL 2021) 52.222-9 Apprentices and Trainees (JUL 2005) 52.222-10 Compliance with Copeland Act Requirements (FEB 1988) 52.222-11 Subcontracts (Labor Standards) (MAY 2014) 52.222-12 Contract Termination - Debarment (MAY 2014)

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52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations

(MAY 2014)

52.222-14 Disputes Concerning Labor Standards (FEB 1988) 52.222-15 Certification of Eligibility (MAY 2014) 52.222-21 Prohibition of Segregated Facilities (APR 2015) 52.222-26 Equal Opportunity (APR 2016) 52.222-27 Affirmative Action Compliance Requirements for Construction (APR 2015) 52.222-50 Combating Trafficking in Persons (NOV 2021) 52.222-55 Minimum Wages for Contractor Workers under Executive Order 14026 (JAN 2022) 52.222-62 Paid Sick Leave under Executive Order 13706 (JAN 2022) 52.222-21 Prohibition of Segregated Facilities (APR 2015) 52.222-26 Equal Opportunity (APR 2016) 52.222-36 Equal Opportunity for Workers with Disabilities (JUN 2020) 52.223-2 Affirmative Procurement of Biobased Products under Service and Construction

Contracts (SEP 2013) 52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011) 52.223-11 Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons (Jun 2016) 52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air

Conditioners (JUN 2016) 52.223-15 Energy Efficiency in Energy Consuming Products (MAY 2020) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) 52.223-20 Aerosols (Jun 2016) 52.223-21 Foams. (Jun 2016) 52.225-13 Restrictions on Certain Foreign Purchases (FEB 2021) 52.227-4 Patent Indemnity -- Construction Contracts (DEC 2007) 52.228-2 Additional Bond Security (OCT 1997) 52.228-12 Prospective Subcontractor Requests for Bonds (DEC 2022) 52.228-14 Irrevocable Letter of Credit (NOV 2014) 52.232-5 Payments under Fixed-Price Construction Contracts (MAY 2014) 52.232-23 Assignment of Claims (MAY 2014) 52.232-27 Prompt Payment for Construction Contracts (JAN 2017) 52.232-33 Payment by Electronic Funds Transfer – System for Award Management (OCT

2018) 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) 52.233-1 Disputes (MAY 2014) Alt 1 (DEC 1991) 52.233-3 Protest after Award (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) 52.236-2 Differing Site Conditions (APR 1984) 52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984) 52.236-5 Material and Workmanship (APR 1984) 52.236-6 Superintendence by the Contractor (APR 1984) 52.236-7 Permits and Responsibilities (NOV 1991) 52.236-8 Other Contracts (APR 1984) 52.236-10 Operations and Storage Areas (APR 1984) 52.236-11 Use and Possession Prior to Completion (APR 1984) 52.236-12 Cleaning Up (APR 1984)

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52.236-13 Accident Prevention (NOV 1991) 52.236-14 Availability and Use of Utility Services (APR 1984) 52.243-5 Changes and Changed Conditions (APR 1984) 52.244-6 Subcontracts for Commercial Products and Commercial Services (NOV 2023) 52.246-21 Warranty of Construction (MAR 1994) 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form) (APR

1984) 52.249-10 Default (Fixed-Price Construction) (APR 1984) 52.253-1 Computer Generated Forms (JAN 1991) 452.232-70 Reimbursement for Bond Premiums – Fixed-Price Construction Contracts (NOV

1996) 452.236-72 Use of Premises (NOV 1996) 452.236-76 Samples and Certificates (FEB 1988) 452.236-77 Emergency Response (NOV 1996)

52.204-21 Basic Safeguarding of Covered Contractor Information Systems (NOV 2021)

(a) Definitions. As used in this clause– “Covered contractor information system” means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

“Federal contract information” means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments.

“Information” means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

“Information system” means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C.

3502).

“Safeguarding” means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

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(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial products or commercial services, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

52.217-7 Option for Increased quantity – Separately Priced Line Item (MAR 1989) The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within 60 days of contract award.

Note: Government may exercise options at time of award or within 60 days of contract award.

52.225-9 Buy American Act-Construction Materials (OCT 2022)

(a) Definitions. As used in this clause— Commercially available off-the-shelf (COTS) item—

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

(i) A commercial product (as defined in paragraph (1) of the definition of “commercial product” at Federal Acquisition Regulation (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.

"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

MTA HVAC Replacement Solicitation No: 1240BH24Q0010 Page 18 of 37 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.

Critical component means a component that is mined, produced, or manufactured in the United States and deemed critical to the U.S. supply chain. The list of critical components is at FAR 25.105.

Critical item means a domestic construction material or domestic end product that is deemed critical to U.S. supply chain resiliency. The list of critical items is at FAR 25.105.

Domestic construction material means—

(1) For construction material that does not consist wholly or predominantly of iron or steel or a combination of both-

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

(ii) A construction material manufactured in the United States, if–

(A)The cost of its components mined, produced, or manufactured in the United States exceeds 60 percent of the cost of all its components, except that the percentage will be 65 percent for items delivered in calendar years 2024 through 2028 and 75 percent for items delivered starting in calendar year 2029. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic.

Components of unknown origin are treated as foreign; or

(B) The construction material is a COTS item; or

(2) For construction material that consists wholly or predominantly of iron or steel or a combination of both, a construction material manufactured in the United States if the cost of foreign iron and steel constitutes less than 5 percent of the cost of all component used in such construction material. The cost of foreign iron and steel includes but is not limited to the cost of foreign iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the construction material and a good faith estimate of the cost of all foreign iron or steel components excluding COTS fasteners. Iron or steel components of unknown origin are treated as foreign. If the construction material contains multiple components, the cost of all the materials used in such construction material is calculated in accordance with the definition of "cost of components".

Fastener means a hardware device that mechanically joins or affixes two or more objects together.

Examples of fasteners are nuts, bolts, pins, rivets, nails, clips, and screws.

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

Foreign iron and steel means iron or steel products not produced in the United States. Produced in the United States means that all manufacturing processes of the iron or steel must take place in the United States, from the initial melting stage through the application of coatings, except

MTA HVAC Replacement Solicitation No: 1240BH24Q0010 Page 19 of 37 metallurgical processes involving refinement of steel additives. The origin of the elements of the iron or steel is not relevant to the determination of whether it is domestic or foreign.

Predominantly of iron or steel or a combination of both means that the cost of the iron and steel content exceeds 50 percent of the total cost of all its components. The cost of iron and steel is the cost of the iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the product and a good faith estimate of the cost of iron or steel components excluding COTS fasteners.

Steel means an alloy that includes at least 50 percent iron, between 0.02 and 2 percent carbon, and may include other elements.

"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 domestic content test of the Buy American statute is waived for construction material that is a COTS item, except that for construction material that consists wholly or predominantly of iron or steel or a combination of both, the domestic content test is applied only to the iron and steel content of the construction materials, excluding COTS fasteners. (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 product or to the construction materials or components listed by the Government as follows:

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.

(A) For domestic construction material that is not a critical item or does not contain critical components.

(1) The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 20 percent;

(2) For construction material that is not a COTS item and does not consist wholly or predominantly of iron or steel or a combination of both, if the cost of a particular domestic construction material is determined to be unreasonable or there is no domestic offer received, and the low offer is for foreign construction material that is manufactured in the United States and does not exceed 55 percent domestic content, the Contracting Officer will treat the lowest offer of foreign construction material that exceeds 55 percent domestic content as a domestic offer and determine whether the cost of that offer is unreasonable by applying the evaluation factor listed in paragraph (b)(3)(i)(A)(1) of this clause.

(3) The procedures in paragraph (b)(3)(i)(A)(2) of this clause will no longer apply as of January 1, 2030.

(B) For domestic construction material that is a critical item or contains critical components.

(1) The cost of a particular domestic construction material that is a critical item or contains critical components, subject to the requirements of the Buy American statute, is unreasonable when the cost of such material exceeds the cost of foreign material by more than 20 percent plus the additional preference factor identified for the critical item or construction material containing critical components listed at FAR 25.105.

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(2) For construction material that does not consist wholly or predominantly of iron or steel or a combination of both, if the cost of a particular domestic construction material is determined to be unreasonable or there is no domestic offer received, and the low offer is for foreign construction material that does not exceed 55 percent domestic content, the Contracting Officer will treat the lowest foreign offer of construction material that is manufactured in the United States and exceeds 55 percent domestic content as a domestic offer, and determine whether the cost of that offer is unreasonable by applying the evaluation factor listed in paragraph (b)(3)(i)(B)(1) of this clause.

(3) The procedures in paragraph (b)(3)(i)(B)(2) of this clause will no longer apply as of January 1, 2030.

(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:

MTA HVAC Replacement Solicitation No: 1240BH24Q0010 Page 21 of 37

Foreign and Domestic Construction Materials Price Comparison Construction Material Description Unit of Measure Quantity Price (Dollars)* Item1 Foreign construction material _______ _______ _______ Domestic construction material _______ _______ _______ Item 2 Foreign construction material _______ _______ _______ Domestic construction material _______ _______ _______

[*Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued)].

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.] [Include other applicable supporting information.]

(End of clause)

52.228-11 Individual Surety - Pledge of Assets (FEB 2021) (DEVIATION MAY 2023)

(a) The Contractor shall obtain from each person acting as an individual surety on a performance bond or a payment bond -

(1)A pledge of assets that meets the eligibility, valuation, and security requirements described in the Federal Acquisition Regulation (FAR) 28.203-1; and

(2) Standard Form 28, Affidavit of Individual Surety, [except that the words “being duly sworn, depose and say” on the Standard Form 28 are replaced with the word “affirm” and the Standard Form 28 is not required to be sworn and notarized in block 12].

(b)The Contracting Officer may release a portion of the security interest on the individual surety's assets based upon substantial performance of the Contractor's obligations under its performance bond. The security interest in support of a performance bond shall be maintained—

(1) Contracts for the construction, alteration, or repair of any public building or public work of the Federal Government exceeding $150,000 (40 U.S.C. 3131). Until completion of any warranty period, or for 1 year following final payment, whichever is later.

(2) Contracts subject to alternative payment protection (see FAR 28.102-1(b)(1)). For the full contract performance period plus 1 year.

(3) Other contracts not subject to the requirements of paragraph (b)(1) of this clause. Until completion of any warranty period, or for 90 days following final payment, whichever is later.

(c) A surety's assets pledged in support of a payment bond may be released to a subcontractor or supplier upon Government receipt of a Federal district court judgment, or a sworn statement by the subcontractor or supplier that the claim is correct along with a notarized authorization of the release by the surety stating that it approves of such release. The security interest on the individual surety's assets in support of a payment bond shall be maintained—

(1) Contracts for the construction, alteration, or repair of any public building or public work of the Federal Government exceeding $150,000 which require performance and payment bonds (40 U.S.C. 3131). For 1 year following final payment, or until resolution of all pending claims filed against the payment bond during the 1-year period following final payment, whichever is later.

(2) Contracts subject to alternative payment protection (see FAR 28.102-1(b)(1)). For the full contract performance period plus 1 year.

(3) Other contracts not subject to the requirements of paragraph (c)(1) of this clause. For 90 days following final payment.

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(d)The Contracting Officer may allow the Contractor to substitute an individual surety, for a performance or payment bond, after contract award. The Contractor shall comply with the requirements of paragraph (a) of this clause within the timeframe established by the Contracting Officer.

52.228-13 Alternative Payment Protections (JUL 2000)

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

Payment Bond or 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.

(e) Except for escrow agreements and payment bonds, which provide their own protection procedures, the Contracting Officer is authorized to access funds under the payment protection when it has been alleged in writing by a supplier of labor or material that a nonpayment has occurred, and to withhold such funds pending resolution by administrative or judicial proceedings or mutual agreement of the parties.

(f) When a tripartite escrow agreement is used, the Contractor shall utilize only suppliers of labor and material that signed the escrow agreement.

52.228-15 Performance and Payment Bonds -- Construction (JUN 2020) (DEVIATION MAY 2023) (a)Definitions. As used in this clause -- “Original contract price” means the award price of the contract; or, for requirements…