Amendment 3.pdf

(x)

12639522R0005 x x copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted ; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE

RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR

OFFER. If by virtue of this amendment you desire to change an offer already submitted , such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

x

APHIS-MN-126395

01/25/20220003

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

12. ACCOUNTING AND APPROPRIATION DATA (If required) is not extended.is extended, Items 8 and 15, and returning

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended , by one of the following methods: (a) By completing

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

FACILITY CODE CODE

10B. DATED (SEE ITEM 13)

10A. MODIFICATION OF CONTRACT/ORDER NO.

9B. DATED (SEE ITEM 11)

9A. AMENDMENT OF SOLICITATION NO.

CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

7. ADMINISTERED BY (If other than Item 6)CODE 6. ISSUED BY

USDA APHIS

250 MARQUETTE AVE

SUITE 410

MINNEAPOLIS MN 55401

PAGE OF PAGES

4. REQUISITION/PURCHASE REQ. NO.3. EFFECTIVE DATE2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO. (If applicable)

1. CONTRACT ID CODE

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

11/24/2021

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority) appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

E. IMPORTANT: Contractor is not is required to sign this document and return __________________ copies to the issuing office.

ORDER NO. IN ITEM 10A.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

Tax ID Number: Not Available

DUNS Number: Not Available

This amendment is written to incorporate changes to the scope of work. Changes are marked on the following revised solicitation by a right-hand border on page 5.

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)15A. NAME AND TITLE OF SIGNER (Type or print)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 15B. CONTRACTOR/OFFEROR 16C. DATE SIGNED

(Signature of person authorized to sign) (Signature of Contracting Officer)

JAMES G. ROLOFF

STANDARD FORM 30 (REV. 11/2016)

Prescribed by GSA FAR (48 CFR) 53.243

Previous edition unusable

Except as provided herein, all terms and conditions of the document referenced in Item 9 A or 10A, as heretofore changed, remains unchanged and in full force and effect .

01/25/2022

Solicitation 12639522R0005, Electrical Distribution Upgrades, NY Animal Import Center

NOTES TO OFFEROR:

1. Please refer any questions pertaining to this solicitation to Jim Roloff, contracting officer, at james.g.roloff@usda.gov. Additionally, email your proposal to Jim Roloff by the date and time indicated in block 13 on the first page of this solicitation. See evaluation factors for award on pages 32 and 33.

2. The estimated magnitude of this project is between $500,000 and $1,000,000.

3. The appropriate Department of Labor wage determination for construction shall apply to any resultant contract (see List of Attachments on page 22).

4. The successful offeror shall be subject to the conditions in the clause at FAR 52.219-14 Limitations on Subcontracting, i.e., the concern must perform at least 25 percent of the cost of the contract, not including the cost of materials, with its own employees.

5. USDA is exempt from sales tax: tax ID no. 41-0696271; tax exempt no. 471640000.

6. Offerors shall submit the following items for award consideration:

A signed copy of the Standard Form 1442. Please complete block 14, including vendor name, address, phone number, Federal Tax ID number, and DUNS number; block 17, block 19 if applicable; and blocks 20a, 20b, and 20c. See Evaluation Factors for Award on pages 32 and 33 for further information on what to include with your proposal.

7. A pre-proposal conference/site visit is scheduled for Jan 19, 2022, at 10 a.m. ET. See the provision on page 31 for details. Offerors must take steps reasonably necessary to ascertain the nature and location of the work, and that it has investigated and satisfied itself as to the general and local conditions which can affect the work or its cost, including but not limited to:

- conditions bearing upon transportation, disposal, handling, and storage of materials;

- the availability of labor, water, electric power, and roads;

- the conformation and conditions of the ground; and

- the character of equipment and facilities needed preliminary to and during work performance.

Offerors shall also satisfy itself as to the character, quality, and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection of the site, including all exploratory work done by the Government, as well as from any drawings and specifications made a part of this contract. Any failure of the Contractor to take the actions described and acknowledged in this paragraph will not relieve the Contractor from responsibility for estimating properly the difficulty and cost of successfully performing the work, or for proceeding to successfully perform the work without additional expense to the Government. The Government assumes no responsibility for any conclusions or interpretations made by the Contractor based on the information made available by the Government. Nor does the Government assume responsibility for any understanding reached or representation made concerning conditions which can affect the work by any of its officers or agents before the execution of this contract, unless that understanding or representation is expressly stated in this contract.

mailto:james.g.roloff@usda.gov

STATEMENT OF WORK

1.0 Project Requirements:

A. Location:

USDA, Animal and Plant Health Inspection Service, Veterinary Services, New York Animal Import Center, 474 International Blvd, Rock Tavern, NY 12575

B. Background:

The NYAIC opened in 1980 to facilitate the importation of livestock, poultry, exotic birds, and zoo animals into the United States through the Port of New York. It is also the principal facility in the United States for examining, testing, and isolating imported animals to ensure that they are free of disease and parasites harmful to American livestock and poultry. Operational expenses are recovered by fees that are collected from the users of this facility.

USDA is a lessee of the Port Authority of NY+NJ. The NYAIC campus includes an administration building, 14 animal holding buildings and several utility buildings. The site receives power from the Central Hudson Gas and Electric, the electric utility company. The main power lines at 13.8KV are fed overhead to pole mounted transformers. All electrical distribution systems and equipment on site are owned by the NYAIC.

A 2018 facility condition assessment revealed deficiencies within the electrical distribution system that dates back to installation in the 1980s. The electrical systems have reached their useful life and replacement has been recommended.

C. Description:

USDA needs electrical upgrades within 15 buildings. The buildings will be prioritized based on funding. Work is required in all 15 buildings; however, nine buildings have been prioritized and identified under this Statement of Work. The Contractor MUST obtain a Minor Works Application from The Port Authority of NY + NJ prior to commencing work. Project approvals must be obtained from the Port Authority. USDA will assist in this process as we will be one of the signers on the Minor Works Application.

Work shall include all labor and material for the demolition/disconnection and replacement (furnish/install) of main service panels (480Y/277V, 3ph, 4w), Secondary Panels (280/120V), building transformers and motor starters for roof exhaust fans. New panel sizing shall be evaluated to reflect current loads, per the Building Equipment List below, taking into account spare capacity requirements. New transformers shall be sized for larger amperage capacity to transform 480V to 208/120V, per the Building Equipment List below.

Within the mechanical lofts, electric heating is not being used and shall be disconnected. This will consist of motor starters, conduit, wiring, boxes, pipe clamps and all other hardware/components from the original installation. All demolition materials shall be properly disposed of.

Fifteen buildings are included in the project scope; however, nine of the fifteen buildings have been prioritized. Each building may or may not have the same requirements. Refer to the Building List, Section D below. Work shall include demolition of equipment, conduit, and wiring. New conduit shall be rigid galvanized type and wiring shall be copper.

Electrical fuse link disconnection and reconnection at existing pole mounted transformers will be the responsibility of the Contractor when replacing the main service panels. All penetrations from installation and previous installations shall be patched and fire stopped.

All debris to be disposed of by the Contractor. All work areas shall be cleaned and protected at the end of each workday.

All work shall follow the latest editions of the International Building Code (IBC), National Electrical Code (NEC), National Safety Electric Code (NSEC), OSHA, USDA Manual ARS 242.1, and all other applicable State and Local code requirements. All work under this SOW shall be field verified/confirmed during the required contractor’s site visit that shall be coordinated/scheduled with the USDA Program Project Manager (PPM).

D. Scope:

It is a requirement that the Contractor perform a site visit with the USDA PPM prior to submitting a proposal for this project. This site visit is to gather input and confirm requirements. It is the Contractor’s responsibility to field verify existing conditions at the site. The Project shall be priced to encompass labor hours for design services which is the initial part of this project. Pricing shall also include all labor and material for demolition, furnishing/fabrication/delivery of new equipment, conduit, wiring, hardware, breakers, and all other components for full operation of existing equipment to fulfill this contract. The design submittals must be approved by USDA personnel prior to material purchase and commencement of work.

Pricing shall be provided for all labor associated with performing an Arc Flash Study for 16 buildings, panels for the fire pump pit, water pump pit and the campus generator loop. The study shall analyze the arc-flash hazard that currently exists for each building and describe protective measures to be taken by the USDA employees and contractor personnel when maintaining and/or repairing electrical equipment. Note: arc-flash labeling will be done under a separate task order.

Arc-Flash Study includes interviews with the NYAIC Program Project Manager (PPM) to determine location, size of equipment, and building electrical services once confirmed under the Electrical Distribution Project (Base Contract) per the evaluation of the panel sizing factoring future growth. At a minimum, the Arc-Flash Study must include the following features:

- Executive Summary

- Signature Block for Arc-Flash Study Approval

- Minutes of Interview Meetings with NYAIC PPM

- Introduction and Background

- Description of the Existing Electrical Service and Equipment

- Building Safety Code Analysis

- Study Recommendation

- Discuss Future Growth of Electrical Services

- Preliminary Order-of-Magnitude Cost Estimate to Implement Recommendations

- Applicable Codes and Standards

- Appendices

Submittal Requirements: Both a draft and final study submittal is required. The draft submittal shall include the results of the meeting with the NYAIC PPM, field investigations, a narrative of findings, supportive photographs, and milestones to address: Arc-Flash Study for NYAIC organized by building number, location, and facility category. The milestones shall be developed based on urgency of need, prioritized against budgetary constraints. Once the draft is reviewed by USDA, the final submittal shall address all review comments received by the USDA.

Work shall include but is not limited to the following building equipment descriptions.

Contractor shall use the following descriptions as a baseline with exact equipment and sizing verified during the site visit with USDA personnel. Items that are unclear shall be brought to the attention of the PPM.

BUILDING EQUIPMENT FOR EACH BUILDING, which need to be field verified, includes but are not limited to the following:

Building #1 480/208/120V transformer 30KVA 208/120V Panel with 30 breaker capability; 100A rating

480V Panel with 42 breaker capacity; 225A rating 480V Panel with 30 breaker capacity; 60A rating 480V Panel with 30 breaker capacity; 400A rating 480V motor starters for roof exhaust fans

Building #3 480/208/120V 30 KVA transformer 208/120V Panel with 18 breaker capability; 100A rating 480V Panel with 30 breaker capacity; 100A rating Electric heating equipment (not in use) in mechanical loft; disconnect, remove, and dispose of motor starter(s), conduit, wire, boxes, pipe clamps and any other hardware/materials from the original installation.

* Building #4 480Y/277V Panel with 30 breaker capacity; 400A rating

* Building #6 480Y/277V Panel with 42 breaker capacity; 150A rating 480V motor starters for roof exhaust fans

* Building #7

208/120V Panel with 18 breaker capability; 100A rating 480V Panel with 30 breaker capacity; 100A rating Electric heating equipment (not in use) in mechanical loft; disconnect, remove, and dispose of motor starter(s), conduit, wire, boxes, pipe clamps and any other

* Building #8 480/208/120V, 30KVA transformer 208/120V Panel with 18 breaker capability; 100A rating 480V Panel with 42 breaker capacity; 100A rating 480V motor starters for roof exhaust fans.

Electric heating equipment (not in use) in mechanical loft; disconnect, remove, and dispose of motor starters, conduit, wire, boxes, pipe clamps and any other

* Building #9

208/120V Panel with 18 breaker capability; 100A rating 480V Panel with 30 breaker capacity; 100A rating Electric heating equipment (not in use) in mechanical loft; disconnect, remove, and

* Building #10 480/208/120V 30KVA transformer 208/120V Panel with 18 breaker capability; 100A rating 480V Panel with 42 breaker capacity;100A rating 480V motor starters for roof exhaust fans.

Electric heating equipment (not in use) in mechanical loft; disconnect, remove, and

* Building #11

208/120V Panel with 18 breaker capability;100A rating 480V Panel with 30 breaker capacity; 100A rating Electric heating equipment (not in use) in mechanical loft; disconnect, remove, and

* Building #13

480/208/120V 45KVA transformer 208/120V Panel with 18 breaker capability; 100A rating 480V Panel with 42 breaker capacity; 150A rating 480V motor starters for roof exhaust fans Electric heating equipment (not in use) in mechanical loft; disconnect, remove, and

* Building #14

208/120V Panel with 18 breaker capability; 100A rating 480V Panel with 30 breaker capacity; 100A rating Electric heating equipment (not in use) in mechanical loft; disconnect, remove, and

Building #15 480V Panel with 42 breaker capacity;100A rating 208/120V Panel with 18 breaker capability;100A rating 480V motor starters for roof exhaust fans Note: This building was updated with new transformer in early 2019, therefore transformer to remain.

Electric heating equipment (not in use) in mechanical loft; disconnect, remove, and

Building #16

208/120V Panel with 18 breaker capability; 100A rating 480V Panel with 30 breaker capacity; 100A rating Electric heating equipment (not in use) in mechanical loft; disconnect, remove, and dispose of motor starters, conduit, wire, boxes, pipe clamps and any other hardware/materials from the original installation.

Building #17 480V Panel with 42 breaker capacity; 100A rating 208/120V Panel with 18 breaker capability; 100A rating 480V motor starters for roof exhaust fans Note: This building was updated with new transformer in early 2019, therefore transformer to remain.

Electric heating equipment (not in use) in mechanical loft; disconnect, remove, and

Building #18

208/120V Panel with 18 breaker capability; 100A rating 480V Panel with 30 breaker capacity; 100A rating

Electric heating equipment (not in use) in mechanical loft; disconnect, remove, and

E. Project Data: The following information is available for the Contractor’s use and compliance:

• APHIS Environmental Protection Program:

http://inside.aphis.usda.gov/mrpbs/publications/ep_manual/downloads/environmental _protection_program.pdf

• Preferred Biobased Products found at http://www.biopreferred.gov/ProposedAndFinalItemDesignations.aspx

• Recommended Recycled-Content Construction Material found at http://www.epa.gov/epawaste/conserve/tools/cpg/products/index.htm#construct

• Designated Green Products for Federal Procurement (see separate Excel Spreadsheet:

All_Green_Products_07-09.xls). See attachment 2.

• USDA Green Purchasing Affirmative Procurement Program:

http://greening.usda.gov/gpapp08.pdf

• USDA Sustainable Buildings Implementation Plan. See attachment 3.

2.0 Project Contacts

2.1 APHIS Contracting Officer (CO):

Jim Roloff USDA, APHIS, Acquisition Branch 250 Marquette Ave, Suite 410 Minneapolis, MN 55401 Tel. No.: 612-590-7603 E-mail: James.G.Roloff@usda.gov

2.2 APHIS Contracting Officer’s Representative (COR):

Thomas Smith Program Project Manager (PPM)

USDA, APHIS, VS

474 International Blvd.

Rock Tavern, NY 12575 Cell: 845-641-5197 Office: 845-838-5500 Email: Thomas.W.Smith@usda.gov

2.3 APHIS Engineering Project Manager (EPM):

http://inside.aphis.usda.gov/mrpbs/publications/ep_manual/downloads/environmental_protection_program.pdf http://inside.aphis.usda.gov/mrpbs/publications/ep_manual/downloads/environmental_protection_program.pdf http://www.biopreferred.gov/ProposedAndFinalItemDesignations.aspx http://www.epa.gov/epawaste/conserve/tools/cpg/products/index.htm#construct http://greening.usda.gov/gpapp08.pdf mailto:James.G.Roloff@usda.gov mailto:Thomas.W.Smith@usda.gov

Toni T Mitchell USDA, APHIS, AAMD, Engineering Services Branch 4700 River Road, Unit 115 (3A-03-39) Riverdale, MD 20737 - 1238 Tel. No.: 301-851-2630 Fax No.: 301-734-4846 E-mail: Toni.T.Mitchell@usda.gov

2.4 APHIS NYAIC Facility Director (FD):

Dr. John Fieger

USDA, APHIS, VS

474 International Blvd Rock Tavern, NY 12575 Tel. No.: 845-838-5501 Fax No.: 845-838-5516 Email: John.Fieger@usda.gov

2.5 APHIS VS Facility Operations Specialist

Charles Brocious

USDA, APHIS, VS

2150 Centre Avenue Building B, MSC 3E80 Fort Collins, CO 80526 Tel. No.: 970-494-7172 Work Cell: 970-218-2292 Email: Charles.g.brocious@usda.gov

3.0 Preconstruction Phase Services

The Contractor shall provide all professional services necessary for the accomplishment of the contract project as described in this Statement of Work. If clarification is required for items identified in this SOW and per required site visit, it should be brought to the attention of the PPM. The Contractor shall provide Preconstruction Phase Services for the following tasks marked by an "X".

[X] Proposal and Schedule [X] Participate in the Post Award Meeting at the Facility [X] Safety Plan identifying the Safety Officer [X] Quality Control Plan identifying the Quality Control Manager [X] Resumes/Qualifications for Superintendent, Alternate Superintendent, Safety Officer and Quality Control Manager [X] Shop Drawings (Draft & Final) and Product Data Submittals [] Submittal Register

4.0 Other Project Requirements

mailto:Toni.T.Mitchell@usda.gov mailto:John.Fieger@usda.gov mailto:Charles.g.brocious@usda.gov

• Construction Services shall be performed strictly as required by the rules, regulations, standards, codes, ordinances, and laws of Local, State and Federal Governments and all other authorities that have legal jurisdiction over the site.

• The contractor shall coordinate, schedule, and conduct site investigations with the PPM.

• In accordance with Public Law 100-678, Federal Agencies must comply with National

Building Codes, Local Building Codes, and Zoning Ordinances. The designer of record is required to comply with the appropriate Statutes governing the signing and sealing of engineering reports and drawings. Accordingly, final design drawings and specifications shall be signed and sealed by Professional Architects and Engineers registered to practice in the state where the project is located. Project design shall comply with USDA Facilities Design Standards and with the requirements of Americans with Disabilities Act and be barrier free for the physically handicapped in accordance with ANSI A117.1 and the Uniform Federal Accessibility Standards.

• The Contractor shall submit a code analysis indicating compliance with applicable codes.

The topics for the code analysis are applicable codes, occupancy classifications, type of construction, fire resistance ratings, interior finishes, flame spread and smoke develop ratings, egress, fire suppression, fire detection and alarm systems, combustible and flammable liquids, compressed gas storage, structural live loads and dead loads, wind loads, seismic design, frost depth, and sediment/erosion control.

• Drawings related to this effort will be prepared using .pdf files.

5.0 Project Schedule

The schedule provided indicates project requirements for each submission and review stage. It is provided for negotiation with the Contractor for setting contract time requirements for meeting contract submissions and construction deadlines. A minimum of 14 days for review time will be required by the Government.

Post Award Meeting Within 14 days of award Notice to Proceed Upon receipt of bonds Total Performance Period 300 days Shop Drawings/Product Data Submittals 30 days Government Review 14 days Final Drawings 14 days Government Review/Approval 14 days

Close out/Warranty 14 days

6.0 Submittal Distribution (shop drawings and products)

Engineering Project Manager (Toni Mitchell): 2 copies and electronic Program Project Manager (Thomas Smith): 2 copies and electronic VS Facility Operations Specialist (Charles Brocious) 2 copies and electronic

CLAUSES

Clauses in Full Text

52.204-21 Basic Safeguarding of Covered Contractor Information Systems (Jun 2016)

(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 Web sites) 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.

(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 items, 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.

(End of clause)

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

The Contractor shall be required to (a) commence work under this contract within five 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 300 days after notice to proceed. The time stated for completion shall include final cleanup of the premises.

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--

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

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

“Domestic construction material” means—

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

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

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

(ii) The construction material is a COTS item.

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

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

(b) Domestic preference.

(1) This clause implements the 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.

(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.

(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).]

(End of Clause)

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 starting on page 4.

452.228-71 Insurance Coverage (Nov 1996) -- Alternate I (Nov 1996)

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

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

(b) General Liability.

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

(2) The Contractor shall have property damage liability insurance required in the amount of $1,000,000.00 per occurrence.

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

(d) Aircraft Public and Passenger Liability. When aircraft are used in connection with performing the contract, the Contractor shall have aircraft public and passenger liability insurance.

Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger injury. Coverage for passenger injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

452.232 -70 Reimbursement for Bond Premiums—Fixed-Price Construction Contracts (Nov

1996)

The Contract Price includes the total amount for premiums that the Contractor attributes to the furnishing of performance and payment bonds required by the contract. Reimbursement for bond premiums under the clause at FAR 52.232-5, Payments Under Fixed-Price Construction Contracts, shall not cover any amount therefor not included in the contract price.

452.236-71 Prohibition Against the Use of Lead-Based Paint (Nov 1996)

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

452.236-74 Control of Erosion, Sedimentation, and Pollution (Nov 1996)

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

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

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

452.236-76 Samples and Certificates (Feb 1988)

When required by the specifications or the Contracting Officer, samples, certificates, and test data shall be submitted after award of the contract, prepaid, in time for proper action by the Contracting Officer or his/her designated representative. Certificates and test data shall be submitted in triplicate to show compliance with materials and construction specified in the contract performance requirements.

Samples shall be submitted in duplicate by the Contractor, except as otherwise specified, to show compliance with the contract requirements. Materials or equipment for which samples, certifications or test data are required shall not be used in the work until approved in writing by the Contracting Officer.

452.246-70 Inspection and Acceptance (Feb 1988)

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. Inspection and acceptance will be performed at USDA APHIS Veterinary Services, New York Animal Import Center, 474 International Blvd, Rock Tavern, NY.

Clauses by Reference

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

52.202-1 Definitions (Jul 2004) 52.203-3 Gratuities (Apr 1984) 52.203-5 Covenant Against Contingent Fees (May 2014) 52.203-7 Anti-Kickback Procedures (May 2014) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity

(May 2014) 52.203-10 Price of Fee Adjustment for Illegal or Improper Activity (May 2014) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (Oct 2010) 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (Jun 2020) 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) 52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) 52.204-13 System for Award Management Maintenance (Jul 2013) 52.204-18 Commercial and Government Entity Code Maintenance (Jul 2016) 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2020) 52.208-9 Contractor Use of Mandatory Sources of Supplies or Services (May 2014) 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors http://farsite.hill.af.mil/

Debarred, Suspended, or Proposed for Debarment (Oct 2015) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (May 2012) 52.215-2 Audit and Records—Negotiation (Oct 2010) 52.219-6 Notice of Total Small Business Set-Aside (Mar 2020) 52.219-8 Utilization of Small Business Concerns (Oct 2018) 52.219-14 Limitations on Subcontracting (Mar 2020) 52.219-28 Post-Award Small Business Program Rerepresentation (Mar 2020) 52.222-3 Convict Labor (Jun 2003) 52.222-4 Contract Work Hours and Safety Standards -- Overtime Compensation (May 2014) 52.222-6 Construction Wage Rate Requirements (May 2014) 52.222-7 Withholding of Funds (May 2014) 52.222-8 Payrolls and Basic Records (May 2014) 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) 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 (Sep 2016) 52.222-27 Affirmative Action Compliance Requirements for Construction (Feb 1999) 52.222-35 Equal Opportunity for Veterans (Oct 2015) 52.222-36 Affirmative Action for Workers with Disabilities (Jul 2014) 52.222-37 Employment Reports on Veterans (Feb 2016) 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) 52.222-50 Combating Trafficking in Persons (Mar 2015) 52.222-54 Employment Eligibility Verification (Oct 2015) 52.222-55 Minimum Wages Under Executive Order 13658 (Dec 2015) 52.222-62 Paid Sick Leave Under Executive Order 13706 (Jan 2017) 52.223-2 Affirmative Procurement of Bio-Based Products Under Service and Construction

Contracts (Sep 2013) 52.223-5 Pollution Prevention and Right-to-Know Information (May 2011) 52.223-6 Drug-Free Workplace (May 2001) 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts (May 2008) 52.223-18 Contractor Policy to Ban Text Messaging While Driving (Aug 2011) 52.223-21 Foams (Jun 2016) 52.225-13 Restrictions on Certain Foreign Purchases (Jun 2008) 52.227-1 Authorization and Consent (Dec 2007) 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (Dec 2007) 52.227-4 Patent Indemnity—Construction Contracts (Dec 2007) 52.228-2 Additional Bond Security (Oct 1997) 52.228-5 Insurance—Work on a Government Installation (Jan 1997) 52.228-11 Pledges of Assets (Jan 2012) 52.228-12 Prospective Subcontractor Requests for Bonds (May 2014) 52.228-14 Irrevocable Letter of Credit (Nov 2014) 52.228-15 Performance and Payment Bonds—Construction (Oct 2010) 52.229-3 Federal, State, and Local Taxes (Feb 2013)

52.232-5 Payments under Fixed-Price Construction Contracts (Sep 2002) 52.232-17 Interest (May 2014) 52.232-23 Assignment of Claims (May 2014) 52.232-27 Prompt Payment for Construction Contracts (May 2014) 52.232-33 Payment by Electronic Funds Transfer—System for Award Management

(Jul 2013) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) 52.233-1 Disputes (May 2014) 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) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (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) 52.236-13 Accident Prevention (Nov 1991) 52.236-14 Availability and Use of Utility Services (Apr 1984) 52.236-15 Schedules for Construction Contracts (Apr 1984) 52.236-17 Layout of Work (Apr 1984) 52.236-21 Specifications and Drawings for Construction, Alt 1 (Feb 1997) 52.236-26 Preconstruction Conference (Feb 1995) 52.242-13 Bankruptcy (Jul 1995) 52.242-14 Suspension of Work (Apr 1984) 52.243-4 Changes (Jun 2007) 52.244-6 Subcontracts for Commercial Items (Oct 2016) 52.246-12 Inspection of Construction (Apr 1996) 52.246-21 Warranty of Construction (Mar 1994) 52.248-3 Value Engineering—Construction (Oct 2015) 52.249-2 Termination for Convenience of the Government Alt 1 (Fixed-Price) (Apr 2012) 52.249-10 Default (Fixed-Price Construction) (Apr 1984) 52.253-1 Computer Generated Forms (Jan 1991)

LIST OF ATTACHMENTS

Attachment No. Title No. of Pages

1 DOL Wage Rates General Decision NY20210007 27 2 Designated Green Products for

Federal Procurement Excel Doc 3 USDA Sustainable Buildings

Implementation Plan 16

PROVISIONS

Provisions in Full Text

52.204-8 Annual Representations and Certifications (Mar 2020)

(a) (1) The North American Industry Classification System (NAICS) code for this acquisition is 238210.

(2) The small business size standard is $16.5 Million.

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

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

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

(i) __ Paragraph (d) applies.

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

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

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

(A) The acquisition is to be made under the simplified acquisition procedures in part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1063838 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1063838 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1063268 https://www.acquisition.gov/content/part-13-simplified-acquisition-procedures#i1112458 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1063408

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that-

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(…