12639522R0009.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

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

PAGE OF PAGES

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

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

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

1053948

7. ISSUED BY

USDA APHIS

250 MARQUETTE AVE

SUITE 410

MINNEAPOLIS MN 55401

APHIS-MN-126395

james.g.roloff@usda.gov

a. NAME

JIM ROLOFF

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

612-590-7603

1x 12/16/2021

12639522R0009

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

Replacement of 28 Fire Hydrants, Moore Air Base, Texas

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 not required.is, 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.)

10 150 calendar days and complete it within ________________ ________________ calendar days after receiving

52.211-10

01/17/2022

NSN 7540-01-155-3212

x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time 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)

CT

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

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

26. ADMINISTERED BY

USDA APHIS

250 MARQUETTE AVE

SUITE 410

MINNEAPOLIS MN 55401

APHIS-MN-126395

JAMES G. ROLOFF

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) 41 U.S.C. 253(c)

STANDARD FORM 1442 (REV. 4-85) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 31

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

12639522R0009

Tax ID Number: Not Available

DUNS Number: Not Available

Delivery: 150 Days After Notice to Proceed

Delivery Location Code: APHIS-ASD-ESB-32KW

USDA, APHIS, ASD, ESB

USDA, APHIS, ASD, ESB

4700 River Road, Unit 115

Riverdale MD 20737 US

0001 Replacement of 28 fire hydrants 1 LS

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

Sponsored by GSA

FAR (48 CFR) 53.110

Solicitation 12639522R0009, Replacement of Fire Hydrants, Moore Air Base

NOTES TO OFFERORS:

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 proposal evaluation factors for award on pages 30 and 31.

2. The estimated magnitude of this project is between $250,000 and $500,000.

3. The appropriate Department of Labor wage determination for construction shall apply to any resultant contract (see List of Attachments on page 20).

4. USDA is exempt from sales tax: tax ID no. 41‐0696271; tax exempt no. 471640000.

5. 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 Proposal Evaluation Factors for Award on pages 30 and 31 for further information on what to include with your proposal.

6. A pre‐proposal conference/site visit is scheduled for Dec 28, 2021, at 10 a.m. CT. See the provision on page 28 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 Location: U.S. Department of Agriculture (USDA), Animal and Plant Health Inspection Service

(APHIS), Plant Protection Quarantine (PPQ), Moore Air Base, 22675 N. Moorefield Road, Edinburg, Texas 78541.

2.0 Project Background: Since 1961 the USDA has operated facilities on Moore Air Base and much of the infrastructure at the base has remained relatively unchanged. Currently, there are 28 fire hydrants on the base. These hydrants are over 27 years old and need replacing. Several hydrants do not close properly, leak, and have corroded. Because of the deterioration/corrosion buildup, these hydrants can fail in an emergency and risk the safety of base employees.

3.0 Project Scope: The purpose of this Statement of Work (SOW) is to replace these fire hydrants at the base elbow and replace auxiliary gate valves (shut offs). Contractor shall meet with the Government to ascertain a clear understanding of the project scope and any site security concerns. Tasks that are unclear shall be confirmed with the Contracting Officer prior to incurring costs.

3.1 Contractor shall furnish all plant, labor, materials, and equipment necessary to replace the fire hydrants and valves.

3.2 Coordinate the exact location of all equipment with the Government. Drawings provided by the Government showing hydrant locations are conceptual in nature only and shall be confirmed by the Contractor in the field. Tasks include but are not limited to the following:

• Remove old fire hydrants and valves and install new hydrants and valves

• Excavate, backfill, and restore existing lawn

• Test and disinfect new system

• Connect existing lines into new system

• Compact lawn, seed and fertilize

3.3 Perform all work in accordance with local, state, and federal regulations, local fire codes, industry best practices, and the manufacturer’s instructions for proper use/installation.

3.4 Phase the project to minimize impact to base operations. Phase 1 will replace 10 hydrants and valves, Phases 2 and 3 will both replace nine hydrants and valves. Provide a schedule and phasing plan for Government review and acceptance. Coordinate with the COR prior to starting any phased work.

3.5 Provide a minimum of five-days’ notice before any utility or program system is disconnected.

Coordinate any shutdown and/or work performed with the Government to preclude interference with the current operations of the facility during the construction process. Tag out equipment as appropriate.

3.6 All equipment and materials shall be new and rated per code for the environment in which installed.

3.7 Provide typical cut sheets of components and material recommended for installation, i.e., fire hydrants, valves, etc.

a. Submit shop drawing and product data submittals, change order requests, safety data sheets, and Requests for Information (RFI) to the Government for review and acceptance prior to construction. Government will have a minimum of 14 days to review and/or respond to each request. Requests received after 2 pm EST will be considered as received the next business day.

b. Maintain Safety Data Sheets of all glues, sealants, paints, sprays, etc. used during the installation process. Submit SDS to the Government at contract closeout.

3.8 Excavate each site and remove all dirt to a designated location on the base. Coordinate with the COR for a dump site. Backfill all excavation sites with compactable sand to 90% density.

3.9 Remove and replace existing fire hydrants at the base elbow. Remove any loose or foreign matter from the hydrant lead before installing the hydrant gate valve and hydrant.

a. To decrease potable water disruptions during hydrant replacements, replace isolation valve first.

b. Provide piping as needed to facilitate installation.

c. Provide new isolation valves/auxiliary gate valves (shut offs) on the hydrant lead between the hydrant and the water main to permit isolation for maintenance and emergency shut-off purposes.

d. Install hydrant gate valve as close to the main as possible.

e. Provide a joint-restraining gland or other thrust restraint so the hydrant can be sufficiently removed without shutting down the main.

f. Provide valve extensions as needed to allow ease of access.

g. Do not connect drain outlets to sanitary or storm sewers.

3.10 Disinfect all parts and lines in accordance with ANSI/AWWA standards C651 and AWWA Manual M17. If additional foreign material is a concern before disinfection, remove the valve and valve seat from the hydrant and flush the main through the hydrant by means of the hydrant gate valve control.

3.11 Inspect new hydrant prior to installation for damage during shipment and to ensure no internal damage and that all components are intact.

3.12 Pressure and leak test hydrant before installation as nozzles and hardware tend to loosen during shipment. Refer to the AWWA Manual M17 and AWWA C600 for pressure testing requirements and further installation details. Test each hydrant installed to ensure operation. Note: Each hydrant and the entire system should be flushed after project completion to ensure operation.

3.13 Install fire hydrants using a firm/solid footing that will not deteriorate or settle over time. Refence Attachment A, Detail 1 “Typical Fire Hydrant Anatomy.”

Acceptable materials include stone slabs and concrete base surrounded with coarse gravel or crush rock. Provide a minimum of 12-inch radius around the bottom of hydrant and above outlet.

a. Provide fabric filter over drain-field. Do not block drain holes.

b. Provide a joint restraining gland or other thrust restraint.

c. Ensure break flange is at grade.

d. Provide trace wire at valve boxes.

f. Provide 3’ x 3’ x 6” concrete slab (3500 psi) around each valve box to stabilize, protect from vehicular traffic, and eliminate the growth of grass around hydrant.

Reference Attachment A, Detail 2 “Concrete Surrounding Valve Cover.”

3.14 Paint all hydrants: silver body and green bonnet.

a. Paint hydrants per the NFPA, American Water Works Association (AWWA), National Sanitation Foundation/American National Standard Institute (NSF/ANSI) requirements.

b. Prime and paint hydrants with a polyurethane type topcoat that will provide anti-rust/corrosive properties.

3.14 Provide protective concrete-filled bollards for hydrants located in areas near roads and vehicular traffic. Replace damaged bollards. Install above grade. Coordinate with COR for an acceptable height. Paint all bollards safety yellow or provide heavy duty bollard covers with UV inhibitors, Ideal Shield or equal. Provide a minimum of two bollards for each hydrant.

3.16 Document via a photo journal potential conflicts or construction anomalies. Notify the COR for concurrence of resolution approach prior to starting any construction.

a. Provide construction drawings/sketches for Government review and acceptance of conflict resolution.

b. Any equipment removed to facilitate the installation of the new hydrants shall be re-installed by the Contractor.

c. Contractor shall utilize trade professionals to install respective equipment.

d. Contractor shall ensure all equipment impacted by this installation is working correctly prior to contract closeout.

3.17 Coordinate with the COR prior to performing any welding or work requiring hot permits.

Weld connections shall have smooth transitions with no sharp or extensive projections.

Coordinate with the COR to provide the necessary fire watch.

3.18 Contractor shall maintain a clean construction area for project duration. Maintain all construction debris in covered containers.

a. Clean the project site of all construction debris. Contractor shall remove at their expense all construction debris, fire hydrants and valves from the site. Restore area(s) to the same level of clean or better prior to the start of construction.

b. Maintain waste disposal receipts and recycling receipts. Provide tonnage of landfill and recycle disposal inclusive of contact information of disposal sites(s). Submit disposal and recycling totals at project closeout.

3.19 Utilize methodologies to minimize airborne particles, dust, sediment and soil erosion.

3.20 All nuts and bolts, etc. in direct contact with corrosive chemicals shall be stainless steel.

a. Coat all nuts and bolts, other than stainless steel, with a rust inhibitor.

b. Fasteners shall be suitable to withstand design loads as recommended by the manufacturer. Exposed heads shall match the color of the sheet metal.

3.21 No trenches shall remain open overnight. Coordinate with the COR for an acceptable cover.

All work or alterations under this task shall be inspected by the COR to ensure compliance.

No trench shall be covered, concealed, or put into use until it has been tested and inspected.

Contractor is responsible for locating existing utilities at the construction site prior to digging and will assume all responsibilities if damage occurs resulting from failure to properly identify site utilities in the construction zone(s). Damaged utilities will be repaired at no cost to the Government and to the satisfaction of the FM.

3. 22 Provide a safety and quality control plans for Government review and acceptance. QC plan should address project phasing to minimize impact to facility operations, and preventative measures to mitigate dust and noise pollution during demolition and construction. Include emergency contact numbers for project.

4.0 General Information:

4.1 Work Hours: Monday through Friday, 7 a.m. - 3:30 p.m. All work outside of these days and hours shall first be approved by the COR in writing prior to entering the facility. Notify the COR three days in advance for any deviation to work hours.

4.2 Have a valid picture identification such as a driver’s license or a state identification card.

4.3 Vehicles on site shall have proper insurance and registration.

4.4 Contractors working at the facility shall remain in the project area. Anyone found outside of the identified construction area will be removed from the facility and not allowed to return.

4.5 Contractor shall provide restroom facilities with provisions to sanitize hands if project duration exceeds two working days. Coordinate with the COR for location of portable toilets and any equipment storage required.

4.6 Coordinate with COR for covid requirements.

5.0 Project Contacts:

APHIS Contracting Officer Jim Roloff

USDA, APHIS, MRPBS, AAMD

250 Marquette Avenue, Suite 410 Minneapolis, MN 55401-2329 Tel. No.: (612) 590-7603 Email: James.G.Roloff@usda.gov

APHIS PPQ Facilities Manager and COR

Gabriel Lopez

USDA, APHIS, PPQ FO

Moore Air Base 22675 North Moore Field Building 6407 Edinburg, TX 78541 Tel. No.: (956) 205-7608 Cell No.: (956) 207-9594 Email: Gabriel.Lopez@usda.gov

APHIS PPQ Program Specialist Martha E. Garza

USDA, APHIS, PPQ FO

22675 North Moore Field Building 6407 Edinburg, TX 78541 Tel. No.: (956) 205-7604 Cell No.: (956) 292-1073 Email: Martha.Garza@usda.gov

APHIS PPQ National Facility Manager (NFM):

Kirk F. Richardson USDA APHIS PPQ – Riverdale Room 3A-03.41 4700 River Road, Unit 130 Riverdale, MD 20737 Tel. No.: (301) 851-2648 Cell No.: (956) 458-7272 Email: Kirk.F.Richardson@usda.gov

APHIS Engineering Project Manager (EPM) Rheta R. Johnson

USDA, APHIS, MRPBS, AAMD, ESB

Room 3A-03.40 4700 River Road, Unit 115 mailto:James.G.Roloff@usda.gov mailto:Gabriel.Lopez@usda.gov mailto:Martha.Garza@usda.gov mailto:Kirk.F.Richardson@usda.gov

Riverdale, MD 20737 Tel. No.: (301) 851-2638 Cell No.: (301) 440-1623 Email: Rheta.R.Johnson@usda.gov

APHIS Safety Officer (Local) Adan Martinez USDA, APHIS, PPQ – Moore Air Base 22675 North Moorefield Road, Bldg. 6407 Edinburg, TX 78541 Tel. No.: (956) 205-7601 Cell No.: (956) 240-6462 Email: Adan.C.Martinez@usda.gov

APHIS Safety and Occupational Health Manager Gerald (Lou) Campbell USDA, APHIS, MRP, PPQ Field Operations 920 Main Campus Drive, Suite 200 Raleigh, NC 27606 Tel. No.: (919) 919-855-7308 Cell No.: (919) 637-2210 Email: Gerald.L.Campbell@usda.gov

6.0 Other Project Requirements

6.1 Codes: The Contractor shall comply with the latest editions of national codes and regulations including federal, state, and local laws. Contractor shall pull permits as required. Codes and regulations include, but are not limited to, the following:

• International Building Code (IBC)

• Uniform Plumbing Code

• International Plumbing Code

• National Life Safety Code

• Occupational Safety and Health Administration Regulations (OSHA)

• Environmental Protection Agency (EPA)

• National Fire Protection Association

• Texas Commission Environmental Quality (TCEQ)

• Texas Health and Safety Code

6.2 Progress meetings: The Contractor shall document and distribute all project meeting minutes three days before the next scheduled meeting. The meeting minutes need only record the date, time, location, attendees, major issues discussed, and conclusions reached. Meetings, if required, are at the discretion of the COR. Contractor shall participate in project meetings at the project site during the construction portion of the contract with the Government. Contractor shall document inspection observations inclusive of punch list items.

6.3 Submittals: The Contractor shall send copies of submittals to the following individuals. A copy of the Contractor’s transmittal letter shall be provided. Reference section 5.0 “Project Contacts” for respective contact information.

Shop Submittals/Sketches Contracting Officer electronic Facility Manager electronic mailto:Rheta.R.Johnson@usda.gov mailto:Adan.C.Martinez@usda.gov mailto:Gerald.L.Campbell@usda.gov

Program Specialist electronic APHIS Safety Manager Field Ops electronic APHIS Safety Officer (local) electronic National Facility Manager electronic Engineering Project Manager electronic

7.0 Final Document Turnover: Final submission shall incorporate and address all review comments from the previous submissions, include an itemized response to those comments and as-built information.

Include all project documents including warranties, record drawings, etc., on CD or thumb drive. Please categorize appropriately. Closeout documents shall be submitted no later than 20 days upon completion of the project. Construction drawings (if required) shall be properly stamped and dated “As-built.”

Contracting Officer electronic Program Specialist electronic National Facility Manager electronic APHIS Safety Manager Field Ops electronic

Facility Manager electronic copy+ thumb drive/CD APHIS Safety Officer (local) electronic copy + thumb drive/CD

Engineering Project Manager electronic copy+ thumb drive/CD

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 150 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 work specified in the Statement of Work on page 5 of this solicitation.

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 22675 N. Moorefield Road, Edinburg, Texas 78541.

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/ 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 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) 52.219-3 Notice of HUBZone Set-Aside or Sole-Source Award (Sep 2021) 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) https://www.acquisition.gov/far/part-52#FAR_52_219_3

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 Federal Construction Wage Rates General Decision TX20210255 5 2 Map of hydrant locations 1 3 Typical Fire Hydrant Anatomy 1

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 237110.

(2) The small business size standard is $39.5 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.

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

(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.

(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

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.204-26, Covered Telecommunications Equipment or Services-Representation. This provision applies to all solicitations.

(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations- Representation.

(viii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law.