12639523Q0136.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)

1095592

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

104/21/2023

12639523Q0136

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

Pressure relief valve replacement, Ames

This solicitation is set aside for women-owned small business concerns eligible under the women-owned small business program.

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 30 calendar days and complete it within ________________ ________________ calendar days after receiving

05/19/2023

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 _____________ ______________1200 CT_____ (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)

Payment bond only

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 27

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

12639523Q0136

Tax ID Number: Not Available

DUNS Number: Not Available

This solicitation shall result in a firm-fixed price construction purchase order. Work shall be performed in accordance with the statement of work within, and the attached drawings.

Delivery: 30 Days After Award

Delivery Location Code: APHIS-VS-NVSL-6197

USDA-APHIS-VS-NVSL

1920 Dayton Avenue

Ames IA 50010 US

0001 Pressure relief valve replacement 1 LS

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

Sponsored by GSA

FAR (48 CFR) 53.110

Solicitation 12639523Q0136

NOTES TO QUOTERS:

1. Please refer any questions pertaining to this solicitation to Jim Roloff, contracting officer, at james.g.roloff@usda.gov. Additionally, email your quote by the date and time indicated in block 13 on the first page of this solicitation. See Evaluation Factors for Award on page 27.

2. The appropriate Department of Labor wage determination for construction shall apply to any resultant contract (see attachment 2).

3. Location of work: National Centers for Animal Health, 1920 Dayton Avenue, Ames, IA

4. The estimated magnitude of this project is between $25,000 and $100,000.

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

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

A signed copy of the Standard Form 1442. Please complete block 14, including vendor name, address, phone number, Federal Tax ID number, and UEI number; block 17, block 19 if applicable; and blocks 20a, 20b, and 20c. Additionally, see Evaluation Factors for Award on page 27 for other information to submit.

7. A site visit is scheduled for May 4 at 1 p.m. CT. See the provision on page 27 for details. Quoters 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.

Quoters 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

1.0 STATEMENT OF WORK

1.1 Background

This project involves replacing a 12-inch pressure reducing valve (PRV), two 12-inch butterfly valves, and associated components with new and shifting the position of the new PRV to allow the ability to isolate for repairs/replacement without shutting down the south campus water supply.

The NCAH campus at 1920 Dayton Avenue, Ames, Iowa, is currently supplied by two water lines. One supplies the north campus, and one supplies the south campus. The south campus water supply has a 12-inch PRV that is supposed to automatically open when there is an increase in demand for water supply.

During the last fire pump testing, this valve failed to open. Additionally, this PRV cannot currently be isolated without a complete south campus water shutdown.

1.2 Period of Performance/ Schedule

The schedule for this project will be determined by the date of the water outage. Contractor will have four hours to complete the installation of the new 12-inch PRV and associated components.

1.3 Technical Requirements/Task

Contractor shall be responsible for the following:

• Furnishing and installing a new, 12-inch pressure reducing valve. The new PRV shall be a 12-inch CLA-VAL, globe style. Model #: 90-01BCDPYKC or pre-approved equivalent. See attached specifications for more details. For pressure and flow requirements, see drawings.

• Coordinating with the COR and working with facilities staff to isolate the south campus water supply.

• Revising the current PRV layout to better allow maintenance opportunities for the NCAH facilities staff by installing the new isolation valves in a manner that allows proper isolation of the PRV. The new 12-inch butterfly valves shall be carbon steel of the same type and make of the existing valves already in place. New valves shall have position indicator and be gear driven. The bolts for the new valves shall not go through the flanges of the valve and used to secure it to the

PRV.

• Disposing of any parts and materials removed from existing 12-inch valve and associated equipment and ensuring no materials are left inside the PRV vault.

• Testing the functionality of the new replacement valve per manufacturer’s recommendations.

This will require close coordination between the contractor and USDA facilities staff to operate the fire pump in building C5.

• Performing the startup of the new PRV and functionality testing in accordance with PRV manufacturer’s recommendations.

• Ensuring that the new replacement 12-inch valve works as designed.

• Ensuring that as much prep work as possible is done before shutting off the water supply to keep the water shutdown to under 4 hours.

• Two-year warranty shall be provided for all valves and actuators.

1.4 Material Specifications

1.4.1 Pressure Reducing Control Valves

The new control valve shall be 12” CLA-VAL Company Model No. 90-01BCDPSYKC, Pressure Reducing Control Valve, as manufactured by Cla-Val Co., Costa Mesa, CA 92627-4416, and represented by ESI 816-468-9119 or pre-approved equivalent (see specifications below):

The Pressure Reducing Control Valve shall automatically throttle to reduce a higher incoming pressure and maintain an accurate and constant lower downstream pressure, regardless of changing flow rate and/or inlet pressure. If downstream pressure increases above the pilot spring setting, the valve shall close. When the outlet pressure is greater than the inlet pressure, the valve shall permit return flow.

Material specification for the pressure reducing control valves main valve as follows:

Component Material

Body & Cover Ductile Iron-ASTM A536 Main Valve Trim Stainless Steel Seat Stainless Steel

Stem, Nut and Spring Stainless Steel Seal Disc Buna-N® Rubber Diaphragm Nylon Reinforced Buna-N® Rubber Internal Trim Parts Stainless Steel End Detail Flanged

Pressure Rating Class 150 lb.

Temperature Range Water to 180ᵒF

Any other wetted metallic parts Stainless Steel Coating Fusion Bonded Epoxy Coating (Interior and Exterior)

ANSI / NSF 61 Approved / AWWA coating specifications C116-03.

Accessories Position Indicator, Opening and Closing Speed Controls, Isolation Valves, Gauges, Check Features, Wye Strainer.

The main valve shall be hydraulically operated, single diaphragm actuated, globe pattern. The valve shall consist of three major components; the body with seat installed, the cover with bearing installed and the diaphragm assembly. The diaphragm assembly shall be the only moving part and shall form a sealed chamber in the upper portion of the valve, separating the operating pressure from line pressure.

Packing glands, stuffing boxes and/or rolling diaphragm technology will not be permitted and there shall be no pistons operating the main valve or pilot controls. No fabrication or welding shall be used in the manufacturing process. Y-pattern valves shall not be permitted. Main valve shall comply with NSF/ANSI Standard 61 and certified lead free to NSF/ANSI 372 as a safe drinking water system component.

End connections for control valve shall be flanged per ASME/ANSI B16.42, Class 150.

No separate chamber(s) below the diaphragm shall be allowed between the main valve cover and body.

No fabrication or welding shall be used in the manufacturing process.

The valve shall contain a resilient, synthetic rubber disc with a rectangular cross-section contained on three- and one-half sides by a disc retainer and forming a tight seal against a single removable seat insert. No O-ring type discs (circular, square, or quad type) shall be permitted as the seating surface.

The disc guide shall be of the contoured type to permit smooth transition of flow and shall hold the discs firmly in place. The disc retainer shall be of a sturdy one-piece design capable of withstanding opening and closing shocks. It must have straight edge sides and a radius at the top edge to prevent excessive diaphragm wear as the diaphragm flexes across this surface. No hours-glass shaped disc retainers shall be permitted, and no V-type or slotted-type disc guides shall be used.

The diaphragm assembly containing a non-magnetic stainless-steel stem; of sufficient diameter to withstand high hydraulic pressures and shall be fully guided at both ends by a bearing in the main valve cover and an integral bearing in the valve seat. The valve seat shall be a solid, one-piece design and shall have a minimum five-degree taper on the seating surface for a positive, drip-tight shut off.

No center guides shall be permitted. The stem shall be drilled and tapped in the cover end to receive and affix such accessories as may be deemed necessary. The diaphragm assembly shall be the only moving part and shall form a sealed chamber in the upper portion of the valve, separating the operating pressure from the line pressure. No bolts or cap screws shall be permitted for use in the construction of the diaphragm assembly.

The flexible, non-wicking, FDA approved diaphragm shall consist of nylon fabric bonded with synthetic rubber compatible with the operating fluid. The diaphragm’s center hole for the main valve stem must be sealed by the vulcanized process or a rubber grommet sealing the center stem hole from the operating pressure. The diaphragm must withstand a Mullins Burst Test of a minimum of 600 X per layer of nylon fabric and shall be cycled tested 100,000 times to insure longevity. The diaphragm shall not be used as the seating surface. The diaphragm shall be fully supported in the valve body and cover by machined surfaces which support no less than one-half of the total surface area of the diaphragm in either the fully opened or fully closed position. Bellofram type rolling diaphragms shall not be permitted.

The main valve seat and stem bearing in the valve cover shall be removable. The main valve seat shall be retained by flat head machine screws for ease of maintenance. The lower bearing of the valve stem shall be contained concentrically within the seat and shall be exposed to the flow on all sides to avoid deposits. To ensure proper alignment of the valve stem, the valve body and cover shall be machined with a locating lip. No “pinned” covers to the valve body shall be permitted. Cover bearing, disc retainer and seat shall be made of the same material. All necessary repairs and/or modifications other than replacement of the main valve body shall be possible without removing the valve from the pipeline. The valve shall be designed such that both the cover assembly and internal diaphragm assembly can be disassembled and lifted vertically straight up from the top of a narrow opening/vault.

Y-pattern valves shall not be permitted. The seat shall be of the solid one-piece design. Two-piece seats or seat inserts shall not be permitted. Packing glands and/or stuffing boxes shall not be permitted.

The pressure reducing pilot control shall be a direct-acting, adjustable, spring-loaded, normally open, diaphragm valve designed to permit flow when controlled pressure is less than the spring setting. The pilot control is held open by the force of the compression on the spring above the diaphragm and it closes when the delivery pressure acting on the underside of the diaphragm exceeds the spring setting.

The pilot control system shall include a strainer and a fixed orifice closing speed. No variable orifices shall be permitted. The pilot system shall include an opening speed control on all valves sizes 3” and smaller as standard equipment. The pilot control shall have a second downstream sensing port which can be utilized to install a pressure gauge. A full range of spring settings shall be available in ranges of 0 to 400 psi. Pilot shall comply with NSF/ANSI 61 and certified lead free to NSF/ANSI 372 as a safe drinking water system component.

The pilot control system shall include a strainer and a fixed orifice closing speed. No variable orifices shall be permitted. The pilot system shall include an opening speed control on all valves sizes 3” and smaller as standard equipment. A full range of spring settings shall be available in ranges of 0 to 400 psi. Pilot to be manufactured by control valve manufacturer.

Material specification for pilot control:

Component Material

Body & Cover Stainless Steel Pilot Trim Stainless Steel Rubber Buna-N® Connections FNPT Pressure Rating 400 psi Max.

Temperature Range Water to 180ᵒF Max.

Control Tubing Stainless Steel Control Fittings Stainless Steel

The control valve manufacturer shall warrant the valve to be free of defects in material and workmanship for a period of three years from date of shipment provided the valve is installed and used in accordance with all applicable instructions. Electrical components shall have a one-year warranty.

The control valve shall be 12” CLA-VAL Company Model No. 90-01BCDPSYKC, Pressure Reducing Control Valve, as manufactured by Cla-Val Co., Costa Mesa, CA 92627-4416 and represented by ESI 816-468-9119 or pre-approved equivalent.

1.4.2 Gear Driven Butterfly Valves

Butterfly valves 3-20" (80-500mm) shall meet or exceed the requirements of the latest revision of AWWA Standard C504 for Class 150B butterfly valves. Valves 12" (300mm) and smaller shall have a working pressure of 200 psi (1380 kPa). When customer specified, valves shall meet NSF/ANSI 61/372.

Valve bodies shall be of cast iron per ASTM A126 Class B. Flanged end valves shall be of the AWWA C504 short body design with Class 125 flanged ends faced and drilled per ASME B16.1 standard for cast iron flanges. Mechanical Joint end valves shall meet the requirements of AWWA

C111/ANSI 21.11.

Discs shall be offset to provide an uninterrupted 360-degree seating edge and shall be ductile iron ASTM A536 (65-45-12) or 316 stainless steel ASTM A743. The disc shall be securely attached to the valve shaft utilizing a field removable/replaceable 316 stainless steel torque screw on sizes 3-12" (80- 300mm) or a tangential pin locked in place with a set screw on sizes 14-20" (350-500mm).

Disc edges shall be solid ASTM A276, Type 316 stainless steel. Discs with bronze edges shall not be used. (Per AWWA C504, bronze disc edges are not suitable for installations where valves will be operated more than once per month.)

Valve shafts shall be ASTM A276, Type 316 stainless steel. Valve shaft seals shall be self-compensating V-type packing with a minimum of four sealing rings. One-piece molded shaft seals and O-ring shaft seals are not acceptable.

Seat shall be of Acrylonitrile-Butadiene (NBR) for water, or as required for other services, and shall be molded in and vulcanized to the valve body. The seat shall contain an integral shaft seal protecting the valve bearings and packing from any line debris. Seats vulcanized to cartridge inserts in the valve body and seats on the disc are not acceptable.

Valve shaft bearings shall be non-metallic and permanently lubricated.

Coatings, unless otherwise specified, exterior and interior metallic surfaces of each valve shall be coated per the latest revision of AWWA C504. The interior of the body shall have a full rubber lining vulcanized to the valve body. Mechanical Joint valves shall be fully rubber lined to point of pipe insertion. Rubber lining on the flange face and boot style seats are not acceptable.

Actuators shall be sized to customer-specified operating conditions. If actual operating conditions are not provided within customer’s specification, per ANSI/AWWA C504, the valve actuator shall be sized to operate the valve at the rated working conditions of the valve. Each valve and valve actuator shall be assembled, adjusted, and tested as a unit per the latest revision of AWWA C504, by the valve manufacturer.

Ten position locking levers shall be available for 3-8" (80-200mm) valves. Provision must be made for locking in any of the ten positions using a standard padlock.

Manually actuated valves 3-20" (80-500mm) shall be designed and tested per the requirements of AWWA C504. Actuators shall be available in both weatherproof and underground rated constructions with handwheel, chainwheel, or 2" (50mm) square AWWA nut input. All units shall have independently adjustable open and closed position stops that are adjustable under full line pressure and flow. Open and closed position stop adjustments shall not require the removal of any load or torque transmitting components.

Pneumatic and hydraulic cylinder actuators shall be double acting, stationary mounted, with all working parts totally protected within weatherproof enclosures. Actuators must be in total conformance to AWWA C540, when specified.

Two Year Warranty shall be provided for all valves and actuators.

1.5 Security Requirements

1. Access to the site is controlled by a security fence and visitor/contractor check-in/check-out system. All contractor/subcontractor employees shall sign in and out at the main site entrance gate and wear a contractor/visitor identification badge at all times while on the site. The ID badges will be turned in at the end of the workday. A current government-issued identification with a picture ID is required for entry.

2. Access to each individual site shall be arranged by the Contracting Officer's Representative

(COR) according to the schedule submitted by the Contractor and approved by the COR. The Contractor shall coordinate and schedule his/her work under this contract to cause the least interference with the normal flow of visitor and employee traffic.

3. Construction vehicles will be allowed access adjacent to the work; contractor employee’s personal vehicles shall be parked in the facility parking lots.

4. The Contractor shall use only the service roads and access routes approved by the COR.

5. Work shall be confined to the areas identified on the drawings. Unless accompanied by a NCAH/USDA employee, the Contractor, subcontractors, and their employees shall not enter buildings or facilities not specifically part of this project. Reasons included, but are not limited to, disease control and health requirements.

6. Additional security requirements may be imposed when the Federal Government raises the

Homeland Security Alert Level. Additional directions will be provided if the situation occurs.

7. Failure to comply with access requirements shall be adequate grounds for removal of the Contractor/subcontractor employees from the site and barring further site access to individuals.

2.0 ADMINISTRATION

2.1 Invoicing

Invoices shall be submitted through the Invoice Processing Platform (www.ipp.gov). Payments shall be made according to the firm-fixed price established in the contract. Invoices shall be submitted in arrears and prepared in accordance with FAR 52.212-4(g).

2.2 Contracting Officer Representative (COR) and Technical Point of Contact The Program will designate a COR to coordinate work to be completed under this contract. The name of the COR and a contracting officer delegation letter will be provided to the contractor at contract award.

Although the COR shall be the contractor’s main point of contact for coordinating services under this contract, other program personnel may be assisting in coordinating services under this contract. Their names will be provided after award. If other program personnel have contact with the contractor for the purpose of coordinating services, they must include the COR in their communications or advise the COR of any communications with the contractor. The COR does not have authority to modify the contract, only the Contracting Officer does.

Services shall be subject to the technical direction of the Government. The term “technical direction” is defined to include, without limitation:

• Providing direction to the contractor that redirects contract effort, shift work emphasis between work areas or tasks, require pursuit of certain lines of inquiry, fill in details, or otherwise serve to accomplish the contractual requirements.

• Providing written information to the contractor that assists in interpreting specifications or technical portions of the work description.

• Reviewing and, where required by the contract, approving technical information to be delivered by the contractor to the Government.

Technical direction must be within the scope of work. It is the contractor’s responsibility to contact the Contracting Officer immediately in writing if there is even the appearance of any technical direction that is or may be outside the scope of the contract. Upon receiving the notification from the contractor, the Contracting Officer will promptly advise the contractor that (1) technical direction is within the scope of the contract and does not constitute a change; (2) the Government will issue a written modification; or (3) advise the contractor not to proceed with the instruction or direction by the Government.

3.0 CLAUSES

3.1 Clauses by Reference

52.204-18 Commercial and Government Entity Code Maintenance (Jul 2016) 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) 52.219-1 Small Business Program Representations (Mar 2020) 52.219-28 Post-Award Small Business Program Rerepresentation (Mar 2020) 52.219-30 Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business

Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022) 52.222-6 Construction Wage Rate Requirements (May 2014) 52.222-7 Withholding Of Funds (May 2014) 52.222-8 Payrolls and Basic Records (May 2014) 52.222-9 Apprentices and Trainees (Jul 2005) 52.222-10 Compliance With Copeland Act Requirements (Feb 1988) 52.222-11 Subcontracts (Labor Standards) (May 2014)

52.222-12 Contract Termination--Debarment (May 2014) 52.222-13 Compliance With Construction Wage Rate Requirements and Related Regulations (May

2014) 52.222-14 Disputes Concerning Labor Standards (Feb 1988) 52.222-15 Certification of Eligibility (May 2014) 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction

Contracts (Sept 2013) 52.223-5 Pollution Prevention and Right-to-Know Information (May 2011) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) 52.228-15 Performance and Payment Bonds – Construction (Oct 2010) 52.232-5 Payments Under Fixed-Price Construction Contracts (May 2014) 52.232-27 Prompt Payment for Construction Contracts (Jan 2017) 52.236-5 Material and Workmanship (Apr 1984) 52.236-7 Permits and Responsibilities (Nov 1991) 52.242-14 Suspension of Work (Apr 1984) 52.243-5 Changes and Changed Conditions (Apr 1984) 52.246-21 Warranty of Construction (Mar 1994) 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form) (Apr 1984) 52.249-10 Default (Fixed-Price Construction) (Apr 1984)

3.2 Clauses in Full Text

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 30 days after award. The time stated for completion shall include final cleanup of the premises.

(End of clause)

52.213-4 Terms and Conditions— Simplified Acquisitions (Other than Commercial Products and Commercial Services) (Mar 2023)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses that are incorporated by reference:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(ii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91).

(iii) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

(iv) 52.222-3, Convict Labor (JUN 2003) (E.O.11755).

https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_203-19 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#id189A70O0P1N https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#unique_1390665200 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1055332

(v) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(vi) 52.222-26, Equal Opportunity (Sept 2016) (E.O.11246).

(vii) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(viii) 52.232.40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

(ix) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C.3553).

(x) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub.L.108-77, 108- 78 (19 U.S.C. 3805 note)).

(2) Listed below are additional clauses that apply:

(i) 52.232-1, Payments (APR 1984).

(ii) 52.232-8, Discounts for Prompt Payment (FEB 2002).

(iii) 52.232-11, Extras (APR 1984).

(iv) 52.232-25, Prompt Payment (JAN 2017) .

(v) 52.232-39, Unenforceability of Unauthorized Obligations (JUN 2013).

(vi) 52.233-1, Disputes (MAY 2014).

(vii) 52.244-6, Subcontracts for Commercial Products and Commercial Services (MAR 2023).

(viii) 52.253-1, Computer Generated Forms (JAN 1991).

(b) The Contractor shall comply with the following FAR clauses, incorporated by reference, unless the circumstances do not apply:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020)(Pub. L. 109-282) (31 U.S.C. 6101 note) (Applies to contracts valued at or above the threshold specified in FAR 4.1403(a) on the date of award of this contract).

(ii) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN 2020) (E.O.13126) (Applies to contracts for supplies exceeding the micro-purchase threshold, as defined in FAR 2.101 on the date of award of this contract).

(iii) 52.222-20, Contracts for Materials, Supplies, Articles, and Equipment (JUN 2020) (41 U.S.C.chapter 65) (Applies to supply contracts over the threshold specified in FAR 22.602 on the date of award of this contract, in the United States, Puerto Rico, or the U.S. Virgin Islands).

https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1055713 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#i1054249 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1048661 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1048698 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1049385 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1049559 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1049598 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1050125 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1050840 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1048610 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1048410 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1045361 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1064087 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/content/part-4-administrative-and-information-matters#i1121777 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1055664 https://www.acquisition.gov/content/part-2-definitions-words-and-terms#i1125359 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1055699 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-22-application-labor-laws-government-acquisitions#i1097467

(iv) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C.4212) (Applies to contracts valued at or above the threshold specified in FAR 22.1303(a) on the date of award of this contract).

(v) 52.222-36, Equal Employment for Workers with Disabilities (JUN 2020) (29 U.S.C.793) (Applies to contracts over the threshold specified in FAR 22.1408(a) on the date of award of this contract, unless the work is to be performed outside the United States by employees recruited outside the United States). (For purposes of this clause, “United States” includes the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.)

(vi) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C.4212) (Applies to contracts valued at or above the threshold specified in FAR 22.1303(a) on the date of award of this contract).

(vii) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C.chapter 67) (Applies to service contracts over $2,500 that are subject to the Service Contract Labor Standards statute and will be performed in the United States, District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, or the outer Continental Shelf).

(viii)

(A) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter78 and E.O 13627) (Applies to all solicitations and contracts).

(B) Alternate I (MAR 2015) (Applies if the Contracting Officer has filled in the following information with regard to applicable directives or notices: Document title(s), source for obtaining document(s), and contract performance location outside the United States to which the document applies).

(ix) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia)).

(x) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia.))

(xi) 52.223-5, Pollution Prevention and Right-to-Know Information (MAY 2011) (E.O.

13423) (Applies to services performed on Federal facilities).

(xii) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693)(applies to contracts for products as prescribed at FAR 23.804(a)(1)).

(xiii) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693) (Applies to maintenance, service, repair, or disposal of refrigeration equipment and air conditioners).

https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1056230 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-22-application-labor-laws-government-acquisitions#id1617MD05061 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1056250 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-22-application-labor-laws-government-acquisitions#i1095976 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1056265 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-22-application-labor-laws-government-acquisitions#id1617MD05061 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_222_41 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-chapter67-front&num=0&edition=prelim https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1056535 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1056818 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_222_6 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_222_41 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_222_62 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_222_6 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_222_41 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053050 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053180 https://www.acquisition.gov/content/part-23-environment-energy-and-water-efficiency-renewable-energy-technologies-occupational-safety-and-drug-free-workplace#i1094309 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053196

(xiv) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C.

8259b) (Unless exempt pursuant to 23.204, applies to contracts when energy-consuming products listed in the ENERGY STAR® Program or Federal Energy Management Program (FEMP)) will be-

(A) Delivered;

(B) Acquired by the Contractor for use in performing services at a Federally-controlled facility;

(C) Furnished by the Contractor for use by the Government; or

(D) Specified in the design of a building or work, or incorporated during its construction, renovation, or maintenance).

(xv) 52.223-20, Aerosols (JUN 2016) (E.O. 13693) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons as a propellant or as a solvent; or contracts for maintenance or repair of electronic or mechanical devices).

(xvi) 52.223-21, Foams (JUN 2016) (E.O. 13693) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons as a foam blowing agent; or contracts for construction of buildings or facilities.

(xvii) 52.225-1, Buy American-Supplies (MAY 2014) (41 U.S.C.chapter 67) (Applies to contracts for supplies, and to contracts for services involving the furnishing of supplies, for use in the United States or its outlying areas, if the value of the supply contract or supply portion of a service contract exceeds the micro-purchase threshold, as defined in FAR 2.101 on the date of award of this contract, and the acquisition-

(A) Is set aside for small business concerns; or

(B) Cannot be set aside for small business concerns (see 19.502-2), and does not exceed $25,000).

(xviii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792) (Applies to contracts greater than the threshold specified in FAR 26.404 on the date of award of this contract, that provide for the provision, the service, or the sale of food in the United States).

(xix) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT 2013)(Applies when the payment will be made by electronic funds transfer (EFT) and the payment office uses the System for Award Management (SAM) as its source of EFT information).

(xx) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (JUL 2013) (Applies when the payment will be made by EFT and the payment office does not use the SAM database as its source of EFT information).

(xxi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C.App.1241) (Applies to supplies transported by ocean vessels (except for the types of subcontracts listed at 47.504(d)).

(2) Listed below are additional clauses that may apply:

https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053246 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-23-environment-energy-and-water-efficiency-renewable-energy-technologies-occupational-safety-and-drug-free-workplace#i1094902 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_223_20 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#id1668D08086F https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053372 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-2-definitions-words-and-terms#i1125359 https://www.acquisition.gov/content/part-19-small-business-programs#i1100762 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1055065 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-26-other-socioeconomic-programs#i1090493 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1050674 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1050705 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1046560 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-47-transportation#i1069858

(i) 52.204-21, Basic Safeguarding of Covered Contractor Information Systems (JUN 2016) (Applies to contracts when the contractor or a subcontractor at any tier may have Federal contract information residing in or transiting through its information system.

(ii) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (JUN 2020) (Applies to contracts over the threshold specified in FAR 9.405-2(b) on the date of award of this contract).

(iii) 52.211-17, Delivery of Excess Quantities (Sept 1989) (Applies to fixed-price supplies).

(iv) 52.247-29, F.o.b. Origin (FEB 2006) (Applies to supplies if delivery is f.o.b. origin).

(v) 52.247-34, F.o.b. Destination (NOV 1991) (Applies to supplies if delivery is f.o.b.

destination).

(c) FAR 52.252-2, Clauses Incorporated by Reference (Feb 1998). This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

[Insert one or more Internet addresses]

(d) Inspection/Acceptance. The Contractor shall tender for acceptance only those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. The Government must exercise its postacceptance rights-

(1) Within a reasonable period of time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(e) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence, such as acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(f) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#id1669B0A0E67 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1062590 https://www.acquisition.gov/content/part-9-contractor-qualifications#i1115270 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1063119 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1045849 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1046022 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1045305 percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges that the Contractor can demonstrate to the satisfaction of the Government, using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records.

The Contractor shall not be paid for any work performed or costs incurred that reasonably could have been avoided.

(g) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(h) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(End…