12639522R0041.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)

1071502

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 06/30/2022

12639522R0041

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

Combined Underground Utility Improvements, 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.)

10 490 calendar days and complete it within ________________ ________________ calendar days after receiving

08/15/2022

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 34

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

12639522R0041

Tax ID Number: Not Available

DUNS Number: Not Available

This solicitation will result in a firm-fixed price construction contract.

Delivery: 490 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 Combined Underground Utility Improvements

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

Sponsored by GSA

FAR (48 CFR) 53.110

Solicitation 12639522R0041, Combined Underground Utilities Improvements, Moore Air Base, Texas

NOTES TO OFFEROR:

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

2. The estimated magnitude of this project is $5,000,000 to $10,000,000.

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

4. 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.

Also complete paragraph (b) of the provision at 52.209‐7 on page 27. See Proposal Evaluation Factors for Award beginning on page 32 for further information on what to include with your proposal. Any missing or incomplete information may render your proposal unacceptable.

6. The clause at 52.219‐9 Small Business Subcontracting Plan (Jun 2020) applies to this contract. It requires that large business offerors include an individual subcontracting plan with their offer.

7. A mandatory pre‐proposal conference/site visit is scheduled for July 21, 2022, at 9 a.m. CT. Any offer submitted by an offeror who did not attend the site visit will not be considered. See the provision on page 31 for details.

mailto:james.g.roloff@usda.gov

STATEMENT OF WORK

Location:

U.S. Department of Agriculture (USDA), Animal and Plant Health Inspection Service (APHIS), Plant Protection Quarantine (PPQ), Moore Air Base, Edinburg, Texas

Background:

Moore Air Base was originally constructed in the early 1940s. The Base was acquired by the USDA in 1961 for scientific research operations in South Texas and is comprised of 948 acres and approximately 30 buildings. The base also produces its own potable water and treats its own sewage. The existing sewer line was built in 1940 and was rehabilitated in the 1980s. Currently, a new wastewater treatment plant is under construction.

During the early 1980s, the USDA constructed several buildings to support science-based operations dealing with the citrus industry and supports scientific operations on a national and international basis.

In 2015, a new lift station was installed, lowering the inlet to the lift station 10 feet. This was done as several building sewer leads cross an open drainage ditch and are exposed, causing ditch maintenance issues.

In 2017, Congress approved funding to construct a large, state of the art Mexican Fruit Fly Rearing Facility (MFFRF). In the next three years, a new MFFRF will be constructed. Completion of the new MFFRF is not yet determined.

Currently, construction of Water Treatment Plant upgrade is underway per TCEQ requirements to meet anticipated future increase in water demands due to addition of the MFFRF and other facilities.

Due to addition of MMFRF and other facilities, it is anticipated that flow of sanitary sewer, gravity stormwater conveyance system, irrigation water supply, and electrical and communication capacity will increase substantially. USDA made a determination to improve the current utilities system.

Scope:

The Contractor shall video survey the construction site, furnish all labor, equipment, and materials necessary to install and construct the items identified per the signed and sealed contract drawings and specifications for this project as follows:

1. Stormwater conveyance improvements include, but are not limited to:

Replace aging and undersized drainage structures with new structures to improve conveyance and maintenance.

Remove abandoned structures and ditches that are no longer required for stormwater conveyance to increase the discharge capacity of the area.

Regrade and upgrade main ditch and side ditches to increase hydraulic capacity and improve maintenance so the ditch can be more easily mowed using larger equipment.

Rehabilitate side slopes with a gabion surfacing system on the banks adjacent to the buildings to stabilize the slope and minimize vegetation growth.

Regrade ditches which are no longer required filled in with excess material from the excavation of the main ditch and graded to drain.

2. New gravity sanitary sewer system includes, but is not limited to, building service reconnections, abandonment, removal of existing sanitary sewer pipes and manholes, and site restoration.

3. New raw water system for irrigation purposes includes, but is not limited to, installation of the Government-furnished filter. Furnish and install pumps, hydropneumatics bladder tank and associated piping, instrumentation and electrical work; sunshade and concrete slab; raw water distribution piping and reinstatement of service connections.

4. New electrical and communication infrastructure includes, but is not limited to:

Underground conduit system to include duct spacers, marking tape, pull cords, and above grade utility markers.

Cast in place or pre-cast electrical manholes and communication handholes at locations shown.

Quazite or Electrimold Box Pad per drawings for pad mounted electrical primary switches based on S&C PME – 9 compartmental switch per drawings. Height to top of box pad will vary based on water level. Where flooding may occur, a concrete pad will be required with a box pad extension on top of pad.

Concrete pads for pad-mounted transformers.

Four-way direct buried sectionalizing cabinets based on Hubbell per drawings.

Manholes and grounding at manholes.

5. Installation of an OS2 single mode 12 strand fiber optic cable in new duct bank system from existing elevated water storage tank to existing water treatment plant. At each end location provide fiber optic industrial closet housing with integral closet connector panels populated with six duplex LC termination and pigtails for fusion splicing. See drawings for cable designation COS2-EWT/WTP requirement and routing.

Programming integration of elevated water storage tank fiber optic I/O into existing water treatment plant control panel and SCADA system for indication.

6. New Electrical Cabling and Equipment (Phase 2) for the Underground Electrical and

Communication Infrastructure above (to be issued under a separate Notice to Proceed), per the signed and sealed Phase 2 Electrical Cabling and Equipment drawings and specifications include but is not limited to:

Furnishing and installing new electrical primary and secondary cabling; panelboards and meter enclosures.

Furnishing and installing new sectionalizing cabinets. (Count of 10, verify per design documents.)

Furnishing and installing new pad mounted switchgear. (Count of 11, verify per design documents.)

Furnishing and installing new transformers. (Count of 9, verify per design documents.)

Furnishing and installing electrical secondary services for both existing buildings and newly planned buildings/structures.

Burial of 7200 volt overhead single-phase service to existing transformer for the existing elevated water tank.

Furnishing and installing fiber, cabling and equipment for the newly added communication loop.

Demolition to include existing overhead secondary service conductors, riser conduit with cabling, weather head, grounding cables and grounding rods per the design documents, which shall be coordinated with the base.

All coordination efforts related to project phasing, service disconnection and outages must be scheduled with the base and base electricians. It is anticipated that the underground system will be energized in phases and sectionalizing cabinets and switches shall have certain sections isolated during installation with lockout/tagout procedures in place.

Any and all references within the final design drawings and specifications related to future work and/or Add Alternate 1B work shall be disregarded under this project.

Project Contacts:

APHIS Contracting Officer (CO) 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 Engineering Project Managers (EPMs)

Fikru Taye, P.E.

USDA, APHIS, ASD, ESB

4700 River Road, Unit 115 (3A-03-41) Riverdale, MD 20737 – 1238 Tel. No.: (301) 851-2641 E-mail: Fikru.Taye@aphis.usda.gov

Toni Mitchell

USDA, APHIS, AAMD, ESB

4700 River Road, Unit 115 mailto:James.G.Roloff@usda.gov mailto:Fikru.Taye@aphis.usda.gov

Riverdale, MD 20737 - 1238 Tel. No.: (301) 851-2630 E-mail: Toni.T.Mitchell@usda.gov

APHIS PPQ Facilities Manager (FM)

Gabriel Lopez USDA, APHIS, PPQ Field Operations 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 National Facility Manager (NFM) and COR:

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 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

Designer of Record (DOR)

Stanley Consultants Dan Fullerton 100 Court Avenue, Suite 300 Des Moines, IA 50309 Tel. No.: (515) 447-4408

E-mail: fullertondaniel@stanleygroup.com

Other Requirements:

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 and per the final design drawings and specifications prepared by Stanley Consultants. If clarification is required for items identified in this SOW and per the final design drawings and specifications, it should be brought to the attention of the DOR, EPMs and NFM. The Contractor shall provide Preconstruction Phase Services for the following tasks marked by an "X".

[X] Proposal and Construction Schedule mailto:Toni.T.Mitchell@usda.gov mailto:Gabriel.Lopez@usda.gov mailto:Kirk.F.Richardson@usda.gov mailto:Adan.C.Martinez@usda.gov mailto:fullertondaniel@stanleygroup.com

[X] Participate in the Post Award Meeting at the facility [X] Product Data and Shop Drawing Submittals [X] Safety and Quality Control Plan

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.

Videography survey: prior to construction and demolition start, Contractor shall hire and pay for the services of a professional third-party aerial videography provider to prepare a clear aerial video from multiple viewing elevations of the site. Document aerial video as part of a comprehensive pre-construction Site Survey package.

Prior to construction, contractor shall submit manufactures’ catalog, cut sheets, and shop drawings for review and approval by the Designer of Record. One set of shop drawings will be retained by the USDA-APHIS Engineering Branch.

Site Survey: Before any excavation starts, Contractor shall conduct underground utility surveying to locate all utilities including, but not limited to, electrical power cables, steel conduits, gas pipes, and even fiber optic cables, and reinforced concrete sewer/drainpipes.

The contractor shall coordinate, schedule, and conduct site investigations with the NFM and FM.

The Contractor shall examine all the documents and visit the site to fully understand all the conditions and limitations applied to the work. No subsequent cost allowance will be made to the Contractor for neglect of the existing conditions.

The contractor shall comply with national codes, Environmental Protection Agency (EPA) regulations, and federal, state, and local laws.

The Contractor shall coordinate with underground utility authorities to mark and flag any underground utilities.

Contractor shall ensure no service interruption occurs during construction. Coordinate staging area with airport security access for delivery and storage of material and equipment.

The Contractor shall provide competent surveyors, construction personnel, equipment, materials, tools, and supervision as needed to complete the services that meet the technical requirements in this contract.

Hauling and material deliveries are not allowed before 8 a.m. and after 4 p.m. weekdays to reduce potential for creating delays when personnel are arriving and departing the base.

Construction traffic and hauling is kept to Mission Drive and off the concrete apron and personnel parking areas.

The Contractor shall submit to and receive the Government’s approval of a phasing plan sequencing and scheduling of construction activities.

Contractor shall hire and pay for services of third-party independent testing and inspection agency and laboratory to be reviewed and accepted by the Government.

Project Schedule:

The schedule provided indicates project requirements for each stage. It is provided for the contractor to establish and set contract time requirements, for meeting contract submissions and construction deadlines. A minimum of 30 calendar days is required for Government review. The performance period of this contract shall be 490 calendar days.

Notice to Proceed Shop Drawings & cut sheet Submittal 30 days Government Review 30 days Construction 400 days Closeout 30 days

Total = 490 days

Submittal Distribution:

Construction shop drawing submittals shall be reviewed and approved by the Designer of Record.

A copy of the approved shop drawings shall be submitted as follows:

Designer of Record Electronic Engineering Project Managers 2 copies and electronic Facility Manager 1 copy and electronic National Facility Manager 1 copy and electronic

Provide commissioning of the project to ensure equipment systems perform in accordance with design intent. Provide a copy of the commissioning report to the CO, PPM, and EPM indicating that the irrigation system, sanitary sewer drainage, electrical and communication conduit is installed and functioning in accordance with the design intent.

Upon completion of construction, Contractor shall submit an As-Built Record set of drawings in AutoCAD (*.dwg. files) format as follows:

Program Project Manager 1 copy and 1 Flash Drive Engineering Project Manager 2 copies and 2 Flash Drives

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 490 days after notice to proceed. The time stated for completion shall include final cleanup of the premises.

52.225-11 Buy American Act—Construction Materials Under Trade Agreements (Nov 2021)

(a) Definitions. As used in this clause—

Caribbean Basin country construction material means a construction material that—

(1) Is wholly the growth, product, or manufacture of a Caribbean Basin country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a Caribbean Basin country into a new and different construction material distinct from the materials from which it was transformed.

Commercially available off-the-shelf (COTS) item—

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

(i) A commercial product (as defined in paragraph (1) of the definition of “commercial product” at Federal Acquisition Regulation (FAR) 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C.40102(4), such as agricultural products and petroleum products.

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 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.

Designated country means any of the following countries:

(1) A World Trade Organization Government Procurement Agreement (WTO GPA) country (Armenia, Aruba, Australia, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, https://www.acquisition.gov/far/2.101#FAR_2_101 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Montenegro, Netherlands, New Zealand, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan, Ukraine, or United Kingdom);

(2) A Free Trade Agreement (FTA) country (Australia, Bahrain, Canada, Chile, Colombia, Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Korea (Republic of), Mexico, Morocco, Nicaragua, Oman, Panama, Peru, or Singapore);

(3) A least developed country (Afghanistan, Angola, Bangladesh, Benin, Bhutan, Burkina Faso, Burundi, Cambodia, Central African Republic, Chad, Comoros, Democratic Republic of Congo, Djibouti, Equatorial Guinea, Eritrea, Ethiopia, Gambia, Guinea, Guinea-Bissau, Haiti, Kiribati, Laos, Lesotho, Liberia, Madagascar, Malawi, Mali, Mauritania, Mozambique, Nepal, Niger, Rwanda, Samoa, Sao Tome and Principe, Senegal, Sierra Leone, Solomon Islands, Somalia, South Sudan, Tanzania, Timor-Leste, Togo, Tuvalu, Uganda, Vanuatu, Yemen, or Zambia); or

(4) A Caribbean Basin country (Antigua and Barbuda, Aruba, Bahamas, Barbados, Belize, Bonaire, British Virgin Islands, Curacao, Dominica, Grenada, Guyana, Haiti, Jamaica, Montserrat, Saba, St. Kitts and Nevis, St. Lucia, St. Vincent and the Grenadines, Sint Eustatius, Sint Maarten, or Trinidad and Tobago).

"Designated country construction material" means a construction material that is a WTO GPA country construction material, an FTA country construction material, a least developed country construction material, or a Caribbean Basin country construction material.

Domestic construction material means—

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

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

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

(A) The cost of its components mined, produced, or manufactured in the United States exceeds 55 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. Components of unknown origin are treated as foreign; or

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

(2) For construction material that consists wholly or predominantly of iron or steel or a combination of both, a construction material manufactured in the United States if the cost of foreign iron and steel constitutes less than 5 percent of the cost of all components used in such construction material.

The cost of foreign iron and steel includes but is not limited to the cost of foreign iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the construction material and a good faith estimate of the cost of all foreign iron or steel components excluding COTS fasteners. Iron or steel components of unknown origin are treated as foreign. If the construction material contains multiple components, the cost of all the materials used in such construction material is calculated in accordance with the definition of "cost of components".

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

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

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

Foreign iron and steel means iron or steel products not produced in the United States. Produced in the United States means that all manufacturing processes of the iron or steel must take place in the United States, from the initial melting stage through the application of coatings, except metallurgical processes involving refinement of steel additives. The origin of the elements of the iron or steel is not relevant to the determination of whether it is domestic or foreign.

Free Trade Agreement country construction material means a construction material that-

(1) Is wholly the growth, product, or manufacture of a Free Trade Agreement (FTA) country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a FTA country into a new and different construction material distinct from the materials from which it was transformed.

Least developed country construction material means a construction material that-

(1) Is wholly the growth, product, or manufacture of a least developed country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a least developed country into a new and different construction material distinct from the materials from which it was transformed.

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

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

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

WTO GPA country construction material means a construction material that-

(1) Is wholly the growth, product, or manufacture of a WTO GPA country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a WTO GPA country into a new and different construction material distinct from the materials from which it was transformed.

(b) Construction materials.

(1) This clause implements 41 U.S.C.chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C.1907, the domestic content test of the Buy American statute is waived for construction material that is a COTS item, except that for construction material that consists wholly or predominantly of iron or steel or a combination of both, the domestic content test is applied only to the iron and steel content of the construction material, excluding COTS fasteners. (See FAR 12.505(a)(2)). In addition, the Contracting Officer has determined that the WTO GPA and Free Trade Agreements (FTAs) apply to this acquisition. Therefore, the Buy American restrictions are waived for designated country construction materials.

(2) The Contractor shall use only domestic or designated country construction material in performing this contract, except as provided in paragraphs (b)(3) and (b)(4) of this clause.

(3) The requirement in paragraph (b)(2) of this clause does not apply to information technology that is a commercial product or to the construction materials or components listed by the Government as follows:

[Contracting Officer to list applicable excepted materials or indicate "none"]

(4) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(3) 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 restrictions of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 20 percent;

(ii) The application of the restriction of the Buy American Act 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)(4) 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;

http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/12.505#FAR_12_505

(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)(4)(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, plans and specifications attached to 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 Moore Air Base, 22675 N Moorefield Road, Edinburg, Texas.

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) 52.219-8 Utilization of Small Business Concerns (Oct 2018) 52.219-9 Small Business Subcontracting Plan, (Jun 2020) 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) http://farsite.hill.af.mil/

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…