12639522R0033.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)

1065631

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 05/03/2022

12639522R0033

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

Lightning Protection Upgrades, NY Animal Import Center

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.)

10 180 calendar days and complete it within ________________ ________________ calendar days after receiving

06/02/2022

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)

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 29

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

12639522R0033

Tax ID Number: Not Available

DUNS Number: Not Available

This solicitation will result in a firm-fixed price construction contract. All work shall be performed in accordance with the Statement of

Work starting on page 5.

Delivery: 180 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 Lightning Protection Services, New York Animal 1 EA

Import Center

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

Sponsored by GSA

FAR (48 CFR) 53.110

Solicitation 12639522R0033, Lightning Protection Upgrades, NYAIC

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 evaluation factors for award on pages 28 and 29.

2. The estimated magnitude of this project is between $100,000 and $250,000.

3. The appropriate Department of Labor wage determination for construction shall apply to any resultant contract (see List of Attachments on page 18).

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 UEI number; block 17, block 19 if applicable; and blocks 20a, 20b, and 20c. See Evaluation Factors for Award on pages 28 and 29 for further information on what to include with your proposal.

6. A pre-proposal conference/site visit is scheduled for May 16 at 10 a.m. ET. See the provision on page 27 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), Veterinary Services New York Animal Import Center (NYAIC), 474 International Import Center, Rock Tavern, NY 12575.

2.0 Project Background: The New York Animal Import Center (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 assure that they are free of disease and parasites harmful to American livestock and poultry. Operational expenses are recovered in full 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.

A facility condition assessment took place in 2018 in which deficiencies were found within the lightning protection that dates to the original installation of the 1980s. The lightning systems have reached their useful life and replacement has been recommended.

3.0 Project Description: USDA needs lightning protection upgrades on 17 buildings. 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 they will be one of the signers on the Minor Works Application.

Work includes all labor and materials for demolition and replacement (furnish new/install) of lightning rods, cabling, grounding rods, and any parts or equipment needed to complete this installation.

Demolition shall include lightning rods, cabling, clamps, and all other hardware/components from the original installation. All demolition materials including associated debris shall be properly disposed of by the Contractor. All work areas shall be cleaned and protected at the end of each workday.

Seventeen buildings are included in the project scope. Each building may or may not have the same requirements. The Contractor shall field verify during the Prebid site visit.

All work shall be done by a certified lightning protection installer. A copy of the installers certificate must be provided to the USDA at the start of the project. All work shall follow the latest editions of the International Building Code (IBC), National Electrical Code (NEC), National Safety Electric Code (NSEC), OSHA, USDA 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).

4.0 Project 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/shop drawings, which is the initial part of this project. Pricing shall also include labor and material for demolition, furnishing/delivery of new lightning rods, new cable, and all other new components for full installation of equipment to fulfill this contract. The design submittals must be approved by USDA personnel prior to material purchase and commencement of work.

Contractor is responsible for obtaining a Minor Works Application from The Port Authority of NY + NJ before work commences. (USDA will assist in this process as they will be one of the signers on the Minor Works Application). Project shall be scheduled and coordinated with USDA so that all work is performed when buildings are unoccupied.

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

PPM.

Equipment for each building (17 buildings) will need to be field verified. Buildings include 1-4, 6-11, 13-19.

5.0 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_pr otection_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).

• USDA Green Purchasing Affirmative Procurement Program:

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

• USDA Sustainable Buildings Implementation Plan http://www.dm.usda.gov/emd/docs/SustainableBuildingsImpPlan.pdf

6.0 Project Contacts:

Contracting Officer (CO):

James Roloff USDA, APHIS, AAMD Procurement Branch 250 Marquette Ave, Suite 410 Minneapolis, MN 55401 Tel. No.: 612-336-3223

Email: James.G.Roloff@usda.gov

Contracting Officer’s Representative (COR & PPM):

Thomas Smith NYAIC Facility Operations Specialist

USDA, APHIS, VS

474 International Blvd.

Rock Tavern, NY 12575 Cell: 845-641-5197 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 http://www.dm.usda.gov/emd/docs/SustainableBuildingsImpPlan.pdf mailto:James.G.Roloff@usda.gov

Office: 301-838-5500 Email: Thomas.W.Smith@usda.gov

Engineering Project Manager (EPM):

Toni T Mitchell

USDA, APHIS, AAMD, ESB

4700 River Road, Unit #115 (3A-03-39) Riverdale, MD 20737 Tel. No.: 301-851-2630 Email: Toni.t.mitchell@usda.gov

APHIS NYAIC Facility Director (FD):

Dr. John Fieger

USDA, APHIS, VS

474 International Blvd Rock Tavern, New York 12575 Tel. No.: (845) 838-5501 Email: John.Fieger@usda.gov

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

APHIS Security Anthony Perretta

Security Specialist USDA/APHIS/Wildlife Services/National Wildlife Research Center 4101 Laporte Ave, Ft Collins, CO 80521 Tel. No.: (970) 266-6362 Cell No.: (970) 213-1775 E-mail: Anthony.perretta@usda.gov

7.0 Scope of Services:

7.1 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] 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 and Product Data Submittals mailto:Thomas.W.Smith@usda.gov mailto:Toni.t.mitchell@usda.gov mailto:Anthony.perretta@usda.gov

7.2 Construction Phase Services: 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.

7.3 Field Investigation and Site Survey: The contractor shall coordinate, schedule, and conduct site investigations with the Owner.

7.4 Compliance with Building Codes: 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 was required to comply with the appropriate Statutes governing the signing and sealing of engineering reports and drawings. Accordingly, final design drawings and specifications have been signed and sealed by Professional Architects and Engineers registered to practice in the state were the project is located. Project design shall comply with USDA Facilities Design Standards provided in paragraph 1.5. The project shall comply 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.

7.5 Code Analysis: 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.

7.6 Electronic Files: Drawings related to this effort will be prepared using .pdf files.

8.0 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 10 working days for review time will be required by the Government.

(Working days)

Award Post-award meeting within 14 days of award Notice to proceed within 5 days Shop drawings/product data submittals 30 days Construction schedule TBD Government review 14 days Final drawings 14 days Government review/approval 14 days Notice to proceed for construction TBD Construction period 180 days

Shop Drawings and Product Submittals for Review:

Engineering Project Manager (Toni T Mitchell): two hard copies and electronic Program Project Manager (Thomas Smith): two hard copies and electronic VS Facility Operations Specialist (Charles Brocious) 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 180 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 4 of this solicitation, and the attached specifications and drawings.

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 Veterinary Services New York Animal Import Center (NYAIC), 474 International Import Center, Rock Tavern, NY 12575.

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

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 Federal Construction Wage Rates General Decision NY20220007 27 2 USDA Sustainable Buildings Implementation Plan 16 3 All Green Products (Excel)

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.

(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 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 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_203-18 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1063736 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#i1063796

(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. This provision applies to all solicitations.

(x) 52.214-14, Place of Performance-Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.

(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xvi) 52.222-38, Compliance with Veterans’ Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA–designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#id19CAC0P0ESS https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1062479 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1062558 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#id165RA0UH01A https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1059991 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1059247 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057235 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057302 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1055729 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1055793 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1055782 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1055793…