1256A119R0002_RFP_Waterline_Amendment_1.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

6. PROJECT NO. 4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

IMPORTANT -- The "offer" section on the reverse must be fully completed by offeror.

9.

INFORMATION

a. NAME

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder."

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

969141

EASTERN REGION USDA FOREST SERVICE

ATTN ACQUISITION MANAGEMENT

626 E WISCONSIN AVE SUITE 300

MILWAUKEE WI 53202

56A1

USDA Forest Service

Attn: Melissa Johnson 4 Farm Colony Drive Warren, PA 16365

MELISSA JOHNSON

b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

814-728-6241

1x 08/07/2019

1256A119R0002

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date)

Design-build of water line extension at the Stuart Recreation Area on the

Monongahela National Forest.

11. The Contractor shall begin performance

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

award, notice to proceed. The performance period is mandatory negotiable. (See ________________________________________________.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and is required (if bid is over $150K)., b. An offer guarantee

c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

d. Offers providing less than

12b. CALENDAR DAYSYES NO

(If "YES", indicate within how many calendar days after award in Item 12b.)

10 calendar days and complete it within ________________ _____ see SOW days after receiving

SOW

09/06/2019

NSN 7540-01-155-3212

x x x x

_____1________ copies to perform the work required are due at the place specified in Item 8 by _______ _______ _ ET____ (hour) local time

_______30 ____ calendar days for Government acceptance after the date offers are due will not be considered and will be rejected .

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within ____________________ calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in item 13d. Failure to insert any number means the offeror accepts the minimum in item 13d.)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)

16. REMITTANCE ADDRESS (Include only if different than item 14.)

CODE FACILITY CODE

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20b. SIGNATURE 20c. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this document and return (Contractor is not required to sign this document.)

Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award.

No further contractual document is necessary.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31a. NAME OF CONTRACTING OFFICER (Type or print)

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. DATE

BY

2PAGE OF

EASTERN REGION USDA FOREST SERVICE

ATTN ACQUISITION MANAGEMENT

626 E WISCONSIN AVE SUITE 300

MILWAUKEE WI 53202

56A1

MELISSA JOHNSON

28. NEGOTIATED AGREEMENT 29. AWARD

Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, copies to issuing office.)

10 U.S.C. 2304(c) X 41 U.S.C. 253(c)

STANDARD FORM 1442 (REV. 4-85) BACK

Continued...

( 5))(

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 3

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

1256A119R0002

Engineering and construction of appx 2100 linear ft of various size waterline including boring beneath Shaver's Fork.

Delivery Location Code: 3434

USDA FOREST SERVICE

MONONGAHELA NATIONAL FOREST

200 SYCAMORE ST

ELKINS WV 26241-3962 US

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

Construction RFP Solicitation Number 1256A119R0002 MNF Waterline D-B Amendment 1 (changes in red)

PART I—THE SCHEDULE

(Do not submit with Phase 1 proposals. Pricing will be requested in Phase II)

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

Description Quantity Unit of

Measure Costs Pricing Instructions

Site Survey 1 LS Provide as supporting documentation subcontractor cost and in house labor and material costs. In house labor cost should include estimated labor hours by discipline.

35% Design 1 LS Provide as supporting documentation subcontractor cost and in house labor and material costs. In house labor cost should include estimated labor hours by discipline.

95% Design 1 LS Provide as supporting documentation subcontractor cost and in house labor and material costs. In house labor cost should include estimated labor hours by discipline.

100% Design 1 LS Provide as supporting documentation subcontractor cost and in house labor and material costs. In house labor cost should include estimated labor hours by discipline.

Regulatory permits

1 LS Provide as supporting documentation subcontractor cost and in house labor and material costs. In house labor cost should include estimated labor hours by discipline.

Total Design Cost

Mobilization & Bonding

1 LS Include all bonding, project specific insurance, project superintendence, traffic control, and other project specific non labor overhead costs.

Provide a detail breakout of these costs. Bonding shall cover the total design and construction costs.

River Bore 1 LS Include all cost associated with the bore underneath the river (includes casing and 6” water line). Provide breakout of labor, material, equipment, and subcontractor costs

Waterline Installation

1 LS Include all cost associated with the installation of waterline and associated fittings along with disinfection and testing of waterline to meet requirements of MPSD. Provide

Amendment 1 (changes in red) breakout of labor, material, equipment, and subcontractor costs

Erosion Control, Seeding, Mulching

1 LS Provide all costs associated with erosion control devices, seeding, and mulching of all disturbed areas.

Provide breakout of labor, material, equipment, and subcontractor costs

Total Construction Costs

Total Design & Construction

Contractor Notes:

1. Contractor must be registered in www.sam.gov in order to submit an offer on this project.

THIS IS A FREE REGISTRATION.

2. There is a pre-bid meeting at the site on August 19, 2019 at 9 AM ET. Interested vendors should meet at the Monongahela National Forest Headquarters building at 200 Sycamore Street, Elkins, WV 26241.

3. The Two-Phase Design-Build Selection Procedures from FAR Part 36.3 will be used.

Initially offerors are only required to submit their technical qualifications (See Section L for instructions on Phase 1 technical submissions). The three best qualified offerors from Phase 1 will be selected to submit additional technical information and pricing in Phase 2.

4. This is a construction project which has the following bonding requirements:

20% bid bond for offers over $150,000 required with offer submission. 100% performance and payment bonds for offers over $150,000 upon award. Offers under $150,000 will require only 100% payment bond after award (no bid guarantee needed with offers under $150K). See Section I for details. Bid bonds only required during Phase 2. Payment and performance bonds will be required after award.

4. Award will be made to one contractor. You must submit pricing for all items.

http://www.sam.gov/

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

Scope of Contract The project includes the engineering and construction of approximately 2,100 linear feet of various size waterline including boring underneath the Shaver’s Fork River.

Project Location The projects are located on the Cheat Ranger District of the Monongahela National Forest, Randolph County, West Virginia. The project begins near the Shaver’s Fork River Bridge on Old Rt. 33 and ends inside Stuart Recreation Area Campground (location map attached).

Construction Estimate The government estimated cost to construct is between $100,000 and $250,000.

AGAR 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.

AGAR 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.1 Sustainable Acquisitions The Contractor shall comply with FAR Part 23 Sustainable Acquisition Policy and all associated laws, rules, regulations, and executive orders referenced therein. Contracts that include the supply of products and for the acquisition of services (including construction) that include the supply of products, require that the products provided are—

(1) Energy-efficient (ENERGY STAR® or Federal Energy Management Program (FEMP)-designated); (applicable if FAR Clause 52.223-15 is included)

(2) Water-efficient; (applicable if FAR Clause 52.223-15 is included)

(3) Biobased; (applicable if FAR Clause 52.223-2 is included)

(4) Environmentally preferable (e.g., EPEAT®-registered, or non-toxic or less toxic alternatives); (applicable if FAR Clause 52.223-13,14, or 16 are included)

(5) Non-ozone depleting; (applicable if FAR clause 52.223-11,12,20, or 21 are included), and/or

(6) Made with recovered materials (EPA-Designated products) (applicable if FAR clause 52.223-9 or 17 is included).

(b) The required products in the contract actions for services include products that are—

(1) Delivered to the Government during performance;

(2) Acquired by the contractor for use in performing services at a Federally-controlled facility; or

Amendment 1 (changes in red)

(3) Furnished by the contractor for use by the Government.

C.2 SAFETY AND HEALTH

2.1.1 SUMMARY

A. References: In addition to publications referenced in the Contract and FAR 52.236-13, the following Code of Federal Regulations (CFR) publications designate and define hazardous materials and conditions, and establish procedures for handling these materials and conditions.

1. 29 CFR, Part 1910: Occupational Safety and Health Administration (OSHA) General Industry and Health Standards.

2. 29 CFR, Part 1926: OSHA Construction Industry Standards.

3. 40 CFR, Part 61: National Emission Standards for Hazardous Air Pollutants.

4. 40 CFR, Part 261: Environmental Protection Agency (EPA) Characteristics of

Hazardous Waste.

5. 40 CFR, Part 761, EPA Polychlorinated Biphenyls (PCBs), Manufacturing, Processing, Distribution in Commerce and Use Prohibitions.

B. Acquisition of Publications: Referenced CFR publications may be purchased from the

Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402.

2.1.2 SAFETY MEETING

A. Prior to commencing construction, representatives of the Contractor, including the Superintendent, shall meet with the Government to review the Contract's safety and health requirements.

B. The Contractor's safety and health program shall be reviewed, and implementation of safety and health provisions pertinent to the Work shall be discussed.

2.1.3 COMPLIANCE WITH REGULATIONS

A. Contractor Responsibility: The Contractor shall assume full responsibility and liability for compliance with all applicable codes, standards and regulations pertaining to the health and safety of personnel during execution of the Work. The Contractor shall have written safety and health programs in compliance with 29 CFR Parts 1910 and 1926.

2.1.4 SUBMITTALS

A. Safety and Health Programs: The Contractor shall submit, for approval, copies of the project safety and health programs, as applicable to the work scope, or required as a result of the safety meeting, including but not necessarily limited to the following:

1. Occupational Noise Exposure.

2. Fall Protection.

3. Personnel Protective Equipment.

4. Control of Hazardous Energy.

5. Electrical Safety Related Work Practices.

6. Lead.

7. Respirator Protection.

8. Confined spaces.

9. Heavy Equipment Operation

PART 2 - PRODUCTS

2.2.1 PERSONNEL PROTECTIVE EQUIPMENT

A. Special facilities, devices, equipment and similar items used by the Contractor in execution of the Work shall comply with 29 CFR Part 1910, Subpart I and other applicable regulations.

PART 3 - EXECUTION

2.3.1 EMERGENCY SUSPENSION OF WORK

Amendment 1 (changes in red)

A. In accordance with FAR 52.236-13, when the Contractor is notified by the Government, of noncompliance with safety or health provisions of the Contract, the Contractor shall immediately, correct the unsafe or unhealthy condition. In accordance with FAR 52.236-13 if the Contractor fails to comply promptly, all or part of the Work will be stopped by Government notice. The Contractor shall not be allowed any extension of time or compensation for damages in connection with a work stoppage for unsafe or unhealthy conditions.

2.3.2 PROTECTION OF PERSONNEL

A. The Contractor shall take all necessary precautions to prevent injury to the public, occupants, or damage to property of others.

2.3.3 ENVIRONMENTAL PROTECTION

A. Dispose of solid, liquid and gaseous contaminants in accordance with local codes, laws, ordinances and regulations.

B. Comply with applicable federal, state and local noise control laws, ordinances and regulations, including but not limited to 29 CFR 1910.95 and 29 CFR 1926.52.

SECTION D--PACKAGING AND MARKING

{For this Solicitation, there are NO clauses in this Section}

SECTION E--INSPECTION AND ACCEPTANCE

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-12 Inspection of Construction (AUG 1996)

SECTION F--DELIVERIES OR PERFORMANCE

52.242-14 Suspension of Work (APR 1984)

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

(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 August 13, 2020. The time stated for completion shall include final cleanup of the premises.

SECTION G--CONTRACT ADMINISTRATION DATA

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

AGAR 452.215-73 Post Award Conference (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled and held within ___10___ days after the date of contract award. The conference will be held at

__TBD_________.

G.1 DESIGNATION OF CONTRACTING OFFICER'S REPRESENTATIVE

The contracting Officer will designate a Contracting Officer's Representative(COR) at the time of award.

The 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.

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 for a contract claim.

G.2 INVOICING

The "Submit Invoice-to" address for USDA orders is the Department of Treasury's Invoice Processing Platform (IPP). All invoices are to be submitted online via the electronic Invoice Processing Platform. This is a mandatory requirement initiated by the U.S. Department of Treasury and you can find more information at this website https://www.ipp.gov/index.htm.

Your company must register at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish an account in order to submit an invoice on this project.

G.3 FINAL PAYMENT - RELEASE OF CLAIMS

The Government shall pay the final amount due the Contractor under this contract after—

(1) Completion and acceptance of all work;

(2) Presentation of a properly executed invoice; and

(3) Presentation of release of all claims against the Government arising by virtue of this contract, other than claims, in stated amounts, that the Contractor has specifically excepted

Amendment 1 (changes in red) from the operation of the release.

RELEASE OF CLAIMS

To be submitted with final invoice

Contract Number:

For and in consideration of payment and pursuant to the terms of the contract cited above, the government of the United States, its officers, agents, and employees are hereby released and discharged from all liabilities, demands, obligations, and claims arising under or by virtue of said contract.

Signature: ________________________________

Printed Name: ________________________________

Title: ________________________________

Company: ________________________________

Date: ________________________________

G.4 INCIDENTAL PAYMENT ITEMS

The intent of the contract is to provide for the complete performance of the project described in the contract. Unless otherwise provided, the Contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies and perform all work required to complete the project in accordance with drawings, specifications, and provisions of the contract. Payment for contract work will be made only for and under those pay items included in the Schedule of Items. All other work and materials will be considered as incidental to and included in the payment for items shown.

G.5 CONTRACTOR CERTIFICATION

Contractor will submit certification with every progress invoice

CONTRACTOR CERTIFICATION

Page of Unit (Region, Forest, District) Project: Contract No.

Name of Contractor: Invoice No. Invoice Date:

Amendment 1 (changes in red)

CONTRACTOR CERTIFICATION

I hereby certify, to the best of my knowledge and belief, that--

(1) The amounts requested are only for performance in accordance with the specifications, terms, and conditions of the contract;

(2) Payments to subcontractors and suppliers have been made, and timely payments will be made for the work activities covered by this certification, in accordance with subcontract agreements and the requirements of Chapter 39 of Title 31, United States Code;

(3) This request for progress payments/credits does not include any amounts which the prime contractor intends to withhold or retain from a subcontractor or supplier in accordance with the terms and conditions of the subcontract; and

(4) This certification is not to be construed as final acceptance of a subcontractor's performance.

(Name)

(Title)

(Date)

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1 EQUIPMENT CLEANING

All soil moving equipment shall be thoroughly cleaned to make it free of soil, noxious weed seeds, vegetative matter or other debris that could contain or hold seeds prior to being delivered to the project site. Equipment shall be considered free of soil, noxious weed seeds and other such debris when a visual inspection by the C.O.R., prior to the equipment being delivered to the site, does not disclose such material present. Disassembly of equipment components is not required. The Contractor shall notify the Forest Service at least five (5) working days prior to moving each piece of soil moving equipment onto the project site, unless otherwise agreed.

The Contractor shall thoroughly clean all soil moving equipment prior to moving them off a project site or between work areas on a project site that are known to be infested with noxious weed species of concern and other work areas, if any, that are free of noxious weed species of concern. Areas known to be infested with specific noxious weed species of concern to the Forest Service shall be noted in the Schedule of Work. The Contractor and the Forest Service shall agree on the methods of cleaning, location for the cleaning and control of off-site impacts, if any.

When new areas of infestation of noxious weeds of concern to the Forest Service are identified on the project site by either the Forest Service or Contractor they shall be promptly reported to the other party.

H.2 WARRANTY OF DESIGN (FIRM-FIXED PRICE DESIGN-BUILD CONTRACT)

(a) The Contractor warrants that the design shall be performed in accordance with the Contract requirements. Design and design related construction not conforming to the Contract requirements shall be corrected at no additional cost to the Government.

(b) The period of this warranty shall commence upon final completion and the Government’s acceptance of the work, or in the case of the Government’s beneficial occupancy of all or part of the work for its convenience, prior to final completion and acceptance, at the time of such occupancy.

(c) This design warranty shall be effective from the above event through the Statue of Limitations and Statute of Repose, as applicable to the state that the project is located in.

(d) The rights and remedies of the Government provided for under this clause are in addition to any other rights and remedies provided in this contract or by law.

H.3 SEQUENCE OF DESIGN-CONSTRUCTION

(a) After receipt of the Contract Notice to Proceed (NTP) the Contractor shall initiate design, comply with all design submission requirements as covered under the Statement of Work, and obtain Government review of each submission. No construction may be started until the Government reviews the Final Design submission and determines it satisfactory for purposes of beginning construction. The CO or COR will notify the Contractor when the design is cleared

Amendment 1 (changes in red) for construction. The Government will not grant any time extension for any design resubmittal required when, in the opinion of the CO or COR, the initial submission failed to meet the minimum quality requirements as set forth in the Contract.

(b) If the Government allows the Contractor to proceed with limited construction based on pending minor revisions to the reviewed Final Design submission, no payment will be made for any in-place construction related to the pending revisions until they are completed, resubmitted and are satisfactory to the Government.

(c) No payment will be made for any in-place construction until all required submittals have been made, reviewed and are satisfactory to the Government.

H.5 CONSTRUCTOR’S ROLE DURING DESIGN

The Contractor’s construction management key personnel shall be actively involved during the design process to effectively integrate the design and construction requirements of this contract.

In addition to the typical required construction activities, the constructor’s involvement includes, but is not limited to actions such as: integrating the design schedule into the Master Schedule to maximize the effectiveness of fast-tracking design and construction (within the limits allowed in the contract), ensuring constructability and economy of the design, integrating the shop drawing and installation drawing process into the design, executing the material and equipment acquisition programs to meet critical schedules, effectively interfacing the construction QC program with the design QC program, and maintaining and providing the design team with accurate, up-to-date redline and as-built documentation. The Contractor shall require and manage the active involvement of key trade subcontractors in the above activities.

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

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):

http://farsite.hill.af.mil/

52.202-1 Definitions (NOV 2013) (applies > $250,000) 52.203-3 Gratuities (APR 1984) (applies > $250,000) 52.203-5 Covenant Against Contingent Fees (MAY 2014) (applies > $250,000) 52.203-6 Restrictions on Subcontractor Sales to the Government (SEP 2006) (applies > $250,000) 52.203-7 Anti-Kickback Procedures (MAY 2014) (applies > $250,000) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (MAY 2014) (applies > $250,000) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (MAY 2014) (applies > $250,000) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (OCT 2010) (applies > $250,000) 52.203-17 Contractor Employee Whistleblower Rights & Requirements to Inform

Employees of Whistleblower Rights (APR 2014)(applies > $250,000) 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (JAN 2017) (applies to all) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (MAY

2011)(applies > $250,000) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (OCT

2018) (applies > $30,000) 52.204-13 System for Award Management Maintenance (OCT 2018) (applies to all) 52.204-18 Commercial and Government Entity Code Maintenance (JUL 2016) (applies to all) 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014) (applies to all) 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or

Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (applies to all)

52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (OCT 2015) (applies > $35,000)

Amendment 1 (changes in red) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015) (applies to all) 52.215-2 Audit and Records -- Negotiation (AUG 2016) (applies > $250,000) 52.219-6 Notice of Total Small Business Set-Aside (NOV 2011) 52.219-8 Utilization of Small Business Concerns (OCT 2018) (applies > $250,000) 52.219-14 Limitations on Subcontracting (JAN 2017) (applies > $250,000) 52.219-28 Post Award Small Business Program Rerepresentation (JUL 2013) (applies to all) 52.222-3 Convict Labor (JUN 2003) (applies to all) 52.222-4 Contract Work Hours and Safety Standards -- Overtime Compensation (MAY 2018)(applies > $250,000) 52.222-6 Construction Wage Rate Requirement (AUG 2018) (applies to all) 52.222-7 Withholding of Funds (MAY 2014) (applies to all) 52.222-8 Payrolls and Basic Records (AUG 2018) (applies to all) 52.222-9 Apprentices and Trainees (JUL 2005) (applies to all) 52.222-10 Compliance with Copeland Act Requirements (FEB 1988) (applies to all) 52.222-11 Subcontracts (Labor Standards) (MAY 2014) (applies to all) 52.222-12 Contract Termination - Debarment (MAY 2014) (applies to all) 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations

(MAY 2014) (applies to all) 52.222-14 Disputes Concerning Labor Standards (FEB 1988) (applies to all) 52.222-15 Certification of Eligibility (MAY 2014) (applies to all) 52.222-20 Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000

(MAY 2014)

52.222-21 Prohibition of Segregated Facilities (APR 2015) (applies to all) 52.222-26 Equal Opportunity (APR 2016) (applies to all) 52.222-27 Affirmative Action Compliance Requirements for Construction (APR 2015) (applies to all) 52.222-35 Equal Opportunity for Veterans (OCT 2015)(applies > $150,000) 52.222-36 Equal Opportunity for Workers with Disabilities (JUL 2014)(applies to all) 52.222-37 Employment Reports on Veterans (FEB 2016)(applies > $150,000) 52.222-40 Notification of Employee Rights Under National Labor Relations Act (DEC

2010)(applies > $250,000) 52.222-50 Combating Trafficking in Persons (JAN 2019)(applies to all) 52.222-54 Employment Eligibility Verification (OCT 2015) (applies > $250,000) 52.222-55 Minimum Wages Under Executive Order 13658 (DEC 2015)(applies to all) 52.222-62 Paid Sick Leave Under Executive Order 13706 (Jan 2017) (applies to all) 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction

Contracts (SEP 2013) (applies to all) 52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011) (applies to all) 52.223-6 Drug-Free Workplace (MAY 2001) (applies > $250,000) 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction

Contracts (AUG 2018) (applies to all) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG

2011) (applies to all) 52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008) (applies to all)

Amendment 1 (changes in red) 52.227-1 Authorization and Consent (DEC 2007)(applies > $250,000) 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (DEC 2007)(applies > $250,000) 52.227-4 Patent Indemnity -- Construction Contracts (DEC 2007) (applies to all) 52.228-2 Additional Bond Security (OCT 1997) (applies > $150,000) 52.228-5 Insurance – Work on a Government Installation (JAN 1997) (applies to all) 52.228-11 Pledges of Assets (AUG 2018) (applies > $150,000) 52.228-12 Prospective Subcontractor Requests for Bonds (MAY 2014) (applies > $150,000 52.228-14 Irrevocable Letter of Credit (NOV 2014) (applies > $150,000) 52.228-15 Performance and Payment Bonds—Construction (OCT 2010) (applies>$150,000) 52.229-3 Federal, State, and Local Taxes (FEB 2013) (applies > $250,000) 52.232-5 Payments Under Fixed-Price Construction Contracts (MAY 2014) (applies to all) 52.232-17 Interest (MAY 2014) (applies >$250,000) 52.232-23 Assignment of Claims (MAY 2014) (applies to all) 52.232-27 Prompt Payment for Construction Contracts (JAN 2017) (applies to all) 52.232-33 Payment by Electronic Funds Transfer – System for Award Management (OCT

2018) (applies to all) 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) (applies to all) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013) (applies to all) 52.233-1 Disputes (MAY 2014) Alt 1 (DEC 1991) (applies to all) 52.233-3 Protest After Award (AUG 1996) (applies to all) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) (applies to all) 52.236-2 Differing Site Conditions (APR 1984) (applies to all) 52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984) (applies to all) 52.236-5 Material and Workmanship (APR 1984) (applies to all) 52.236-6 Superintendence by the Contractor (APR 1984) (applies to all) 52.236-7 Permits and Responsibilities (NOV 1991) (applies to all) 52.236-8 Other Contracts (APR 1984)(applies to all) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and

Improvements (APR 1984)(applies to all) 52.236-10 Operations and Storage Areas (APR 1984)(applies to all) 52.236-11 Use and Possession Prior to Completion (APR 1984)(applies to all) 52.236-12 Cleaning Up (APR 1984)(applies to all) 52.236-13 Accident Prevention (NOV 1991) (applies to all)

Alternate I (NOV 1991) 52.236-15 Schedules for Construction Contracts (APR 1984)(applies to all) 52.236-17 Layout of Work (APR 1984)(applies to all) 52.236-21 Specifications and Drawings for Construction (FEB 1997) (applies to all)

Alternate II (APR 1984) 52.236-26 Preconstruction Conference (FEB 1995)(applies to all) 52.242-13 Bankruptcy (JUL 1995) (applies > $250,000) 52.243-4 Changes (JUN 2007) (applies to all) 52.244-6 Subcontracts for Commercial Items (JAN 2019)(applies to all) 52.246-21 Warranty of Construction (MAR 1994) (applies to all)

Amendment 1 (changes in red) 52.248-3 Value Engineering – Construction (OCT 2015) (applies to all) 52.249-2 Termination for Convenience of the Government (Fixed-Price) (APR 2012)--

Alternate I (SEP 1996)(applies to all) 52.249-10 Default (Fixed-Price Construction) (APR 1984) (applies to all) 52.253-1 Computer Generated Forms (JAN 1991)(applies to all)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.232-70 Reimbursement for Bond Premiums – Fixed-Price Construction Contracts (NOV

1996) (Applies > $35,000) 452.236-71 Prohibition Against the Use of Lead-Paint (NOV 1996) (applies to all) 452.236-72 Use of Premises (NOV 1996)(applies to all) 452.236-73 Archeological or Historic Sites (FEB 1988)(applies to all) 452.236-74 Control of Erosion, Sedimentation and Pollution (NOV 1996)(applies to all) 452.236-76 Samples and Certificates (FEB 1988)(applies to all) 452.236-77 Emergency Response (NOV 1996)(applies to all)

52.215-8 Order of Precedence—Uniform Contract Format (OCT 1997) (applies to all)

Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order:

(a) The Schedule (excluding the specifications).

(b) Representations and other instructions.

(c) Contract clauses.

(d) Other documents, exhibits, and attachments.

(e) The specifications.

52.223-9 Estimate of Percentage of Recovered Material Content for EPA-Designated Items (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 the Contracting Officer.

52.225-9 Buy American Act-Construction Materials (MAY 2014)

(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 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 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.

https://acquisition.gov/far/current/html/Subpart%202_1.html#wp1145508 http://uscode.house.gov/

Amendment 1 (changes in red)

“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:

________________NONE________________________________

[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 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.

http://uscode.house.gov/ http://uscode.house.gov/ https://acquisition.gov/far/current/html/Subpart%2012_5.html#wp1077123

Amendment 1 (changes in red)

(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).]

52.228-1 Bid Guarantee (SEP 1996) (Applicable > $150,000 Only required from offerors invited to submit Phase 2 proposals)

(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.

Amendment 1 (changes in red)

(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 $40,000, whichever is less.

(d) 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.

(e) In the event the contract is terminated for default, 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.

52.228-13 Alternative Payment Protections (JUL 2000) (Applicable to awards > $35,000 and < $150,000)

(a) The Contractor shall submit one of the following payment protections ____Payment Bond___________________________________________ ____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.

Amendment 1 (changes in red)

(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 (Oct 2010) (applicable to awards> $150,000)

(a) Definitions. As used in this clause -- “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 25-A). 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.

(c) 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.

(d) 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:

U.S. Department of 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.

http://www.fms.treas.gov/c570/

Amendment 1 (changes in red) 52.236-4 Physical Data (Apr 1984)

Data and information furnished or referred to below is for the Contractor’s information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.

(a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by core borings.

52.252-6 Authorized Deviations in Clauses (APR 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

(b) The use in this solicitation or contract of any Dept of Agriculture Regulations (48 CFR __4___) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

AGAR 452.228-71 Insurance Coverage. (NOV 1996) Alt 1 (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…