Solicitation 127EAX21Q0025.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

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

PAGE OF PAGES

7. ISSUED BY 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

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

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

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

1032451

MICHAEL CARICO 602-225-5330

563234

06/24/2021

127EAX21Q0025

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

RENOVATE LANDSCAPING RAMADA - PRESCOTT NATIONAL FOREST

CONSTRUCTION OF A NEW RAMADA, CONCRETE WALKWAYS, LANDSCAPING, NEW FENCING (WOOD &

STEEL TUBE) AND EXERCISE AREA AT THE CHINO RANGER BUILDING

MAGNITUDE OF THIS PROJECT IS BETWEEN $25,000 AND $100,000

THIS ACQUISITION IS A TOTAL SMALL BUSINESS SET-ASIDE

NAICS CODE: 238990

DAVIS-BACON WAGES APPLY - SEE ATTACHED WAGE DETERMINATION

SUBMIT QUESTIONS BY JULY 19, 2021 TO: michael.carico@usda.gov

DUE DATE FOR SUBMISSION OF QUOTES: JULY 26, 2021 AT 08:00 MST

QUOTES SHOULD BE SUBMITTED ELECTRONICALLY TO: michael.carico@usda.gov

VENDORS MUST BE REGISTERED IN THE SYSTEM FOR AWARD MANAGEMENT (SAM) (WWW.SAM.GOV) TO

Continued ...

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

FAR 52.211-10

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

26. ADMINISTERED BY 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

MICHAEL E. CARICO

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 47

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

127EAX21Q0025

BE ELIGIBLE FOR AWARD OF A FEDERAL CONTRACT

(NOTE: REGISTRATION IS FREE ON THIS GOVERNMENT

SITE)

BONDS ARE REQUIRED IN ACCORDANCE WITH 12 BELOW

Delivery: 14 Days After Notice to Proceed

Delivery Location Code: 8192

CHINO VALLEY RANGER DISTRICT

735 HIGHWAY 89 NORTH

CHINO VALLEY AZ 86323 US

0001 Mobilization

0002 Mobilization

0003 Ramada (includes: applicable city permits, electric outlets, ceiling fans, lights, plumbing, granite, irrigation line repairs or replacement & trenching for water and electrical)

0004 Concrete Work (includes: ramada, sidewalk & ramada extension)

0005 New Landscaping (includes: plants, boulders, irrigation drip system, granite and striping paint to close off parking space)

0006 6' wood fence - Stained & Sealed both sides

(approx. 220ft)

0007 Tube fence (approx. 40ft)

0008 Exercise Area

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

Sponsored by GSA

FAR (48 CFR) 53.110

Solicitation No. 127EAX21Q0025 Page 4 of 47 Renovate Landscaping/Ramada

B – SECTION B – Supplies or Services and Prices/Costs Schedule of Items

C – SECTION C – Description/Specifications/Statement of Work

D – SECTION D – Packaging and Marking

E – SECTION E – Inspection and Acceptance

F – SECTION F – Deliveries or Performance

G – SECTION G – Contract Administration Data

H – SECTION H – Special Contract Requirements

I – SECTION I – Contract Clauses

J – SECTION J – List of Documents, Exhibits, and Other Attachments

K – SECTION K – Representations, Certifications, and Other Statements of Offerors ...33

L- SECTION L - Instructions, Conditions, and Notices to Offerors or Respondent

M – SECTION M – Evaluation Factors for Award

Solicitation No. 127EAX21Q0025 Page 5 of 47

B - SECTION B - Supplies or Services and Prices/Costs Schedule of Items

Item No. Item Description Est.

Qty

Method of Measurement Unit Unit

Price Total

Phase 1 (Base):

01601 Mobilization 1 LSQ LS $ $

05100, 02210

(1)

Ramada (includes: applicable city permits, electric outlets, ceiling fans, lights, hose bib, granite removal, irrigation line repairs or replacement & trenching for water & electrical)

1 LSQ LS $ $

02608, 03100, 03301, 03345

(2)

Concrete Work (includes: ramada, sidewalk & ramada extension) 1 LSQ LS $ $

02900, 02950

(3)

New Landscaping (includes: plants, boulders, irrigation drip system, granite and striping paint to close off parking space)

1 LSQ LS $ $

Base Total $

Phase 2 (Option One):

(4) 6ft. Wood Privacy Fence (5pprox.. 220ft to include wood stain and sealer on both sides)

1 LSQ LS $ $

Option One Total $

Phase 3 (Option Two):

(5) Tube Fence (5 approx.. 40ft) 1 LSQ LS $ $

(6) Exercise Area 1 LSQ LS $ $

Option Two Total $

* LS = Lump Sum, LSQ = Lump Sum Quantity Grand Total $

Solicitation No. 127EAX21Q0025 Page 6 of 47

C – SECTION C – Description/Specifications/Statement of Work

SECTION 1 – GENERAL

(1) INTRODUCTION

The Prescott National Forest is seeking services for the construction of a new ramada, concrete walkways, landscaping, new fencing (wood & steel tube) and exercise area listed herein per the scope of work.

This project consists of, but not limited to, providing all materials, equipment, labor, supervision and any assistance necessary for the construction and landscape services at the following site location:

Prescott National Forest Supervisor’s Office 735 N. Highway 89 Chino Valley, AZ 86323

This project may consist of three (3) phases, a base and two options. Base is the construction of a new 24’x24’ ramada with electrical outlets, ceiling fans, lights & hose bib. All concrete work related to the ramada including a sidewalk and a ramada concrete extension. This also includes the new landscaping on the SE side of the existing office building. Option One is the construction of three sections of a 6ft. tall privacy wood fence approximate length totaling all three of these are about 220ft. Option Two is the construction of a 4ft tall tube fence approximately 40ft in length and a 20’x20’exercise area.

1.02 GENERAL SITE CONDITIONS, FACILITIES AND TEMPORARY CONTROLS

A. This site is located in Chino Valley and is easily accessed via paved surface roads.

B. Contracting Officer’s Representative (COR) – The COR is a Forest Service official designated by the Contracting Officer to perform day-to-day contract administration, including site inspections for quality assurance.

C. A site can be made available to the Contractor for staging by the COR at the beginning of work. Any damage resulting from the Contractor’s use of this site will be repaired or replaced at the Contractor’s expense.

D. Potable water will be available along with cell phone capability. All temporary services and use areas shall be completely removed and the use areas shall be restored upon completion of use.

E. Transportation to and from the work site for the Contractor’s personnel and materials will be provided at the Contractor’s expense.

F. The Contractor shall take reasonable measure to secure equipment and contract work against theft and vandalism. The Forest Service is not responsible for the theft and/or vandalism of any materials or equipment left at the project site.

Solicitation No. 127EAX21Q0025 Page 7 of 47

G. The work zones shall be delineated and marked adequately to warn visitors, government contractors and all government employees of equipment operations and other hazardous conditions. Any damage to existing improvements shall be repaired at the Contractor’s expense according to the direction of the COR.

H. No Government furnished supplies will be provided.

I. Posting of any and all construction signs will be the contractor’s responsibility.

Work will be performed during normal business hours.

J. A pre bid meeting will be set no less than five days prior to bids being due.

K. Contractor will be responsible for cleaning up daily and securing project area.

L. Contractor will be responsible for Blue Staking the project area.

M. Contractor is responsible for field verifications and measurements of new fencing provided and all new construction locations.

N. Contractor will be responsible for any permits that may be required for this project.

1.03 USE OF PREMISES

B. Water and electricity available on site C. Sanitation facilities available on site.

D. Construction and services shall be performed during normal working hours from 7:00am to 5:00pm Monday through Friday. Unless otherwise arranged with the COR.

E. Driveways, Walkways, and Entrances: Keep driveways, walkways and entrances serving premises clear and available to emergency vehicles and pedestrians. Do not use these areas for parking or storage of materials.

F. Smoking is not permitted within the building, or within 25 feet of any entrance and must be disposed of properly.

G. Contractor shall provide adequate signing and barricades and take necessary safety measures to protect the public during all Landscape services and operations.

1.04 CONSTRUCTION SCHEDULE

A. Work shall begin within ten (10) days after the notice to proceed is given by the

Contracting Officer.

B. Contractor shall give the COR 24 hours notice prior to beginning work.

1.05 PROVISIONS FOR SAFETY AND PUBLIC ACCESS

A. Contractor shall take all necessary measures to assure the safety of pedestrians and avoid any damage to vehicles and mechanical equipment on site.

B. Contractor shall assure to properly dispose/cleanup any construction debris on ground to avoid injury to pedestrians. All construction debris shall be properly disposed at the proper landfill.

Solicitation No. 127EAX21Q0025 Page 8 of 47

1.06 MEASUREMENT AND PAYMENT

A. Measurement and payment shall be made for required work completed and accepted. Payment shall be in full compensation for all labor and incidentals necessary to complete the project in accordance with the specifications. Payment will be made under:

Pay Item: Pay Unit

Base Bid Items Lump Sum

SECTION 2 – SPECIFIC PROJECT REQUIREMENTS

2.01 SCOPE OF WORK

The Prescott National Forest requires construction services to include all supervision, labor, services, equipment, materials, and any assistance necessary to provide the Prescott National Forest with Construction Services as described herein.

The Scope of Work will include the following services:

(Supervisor’s Office) – See Exhibit A Section 4 A. Ramada (Base Item): See Exhibit B & C Section 4

Contractor can either site-build or provide a prefabricated Ramada. Contractor shall provide all necessary materials and equipment for the construction of Ramada. The included plans indicate the type of Ramada the Prescott National Forest prefers. If Ramada is ordered prefabricated the design shall meet or exceed applicable building code. Contractor shall obtain Forest Service approval of Ramada before order is placed. All site work related to the construction and installation of Ramada by contractor shall include the following items:

1. Before commencing any work to said project, contractor must make sure that all and any applicable city permits are provided. Contractor shall pay for any permits required by the City of Chino Valley. All required city inspections shall be coordinated with the city of Chino Valley.

2. Contractor shall Blue stake before any digging is performed to locate existing utility lines. Any damage caused to existing utility lines will be at contractor’s expense.

3. Unloading and temporary storage, if any.

4. Site preparation. Existing gravel will be removed and relocated from Ramada site area and put to the side. Reuse removed granite around Ramada when finish to provide a 3 to 4 inch depth.

5. Contractor to avoid damaging any existing landscape. Any existing landscape damaged will be replaced at contractor’s expense.

6. Contractor to verify if any existing landscape needs to be removed before construction. Any removed landscape will be replaced with the same or similar item at contractor’s expense.

Solicitation No. 127EAX21Q0025 Page 9 of 47

7. Replace or repair any damaged caused to the landscape water irrigation lines.

8. Erection of Ramada (24’x24’).

9. Column footings and all anchor bolts and column anchors.

10. Concrete slab for Ramada (24’x24), sidewalk (16’x5’) and Ramada concrete slab extension (10’x14’).

11. Trenching and materials for electric and water lines.

12. Ramada metal roof to match existing building roof and paint.

13. Electrical outlets. (see Exhibit C Section 4)

14. Florescent shop lights. (see Exhibit C Section 4)

15. Lockable hose bib. (see Exhibit C Section 4)

16. Two ceiling fans. (see Exhibit C Section 4)

17. Perform work in accordance with applicable federal, State, and local building and safety codes and regulations.

B. 6’ Tall Privacy Wood Fence (Option One):

Contractor to install and provide all materials, components and labor for the construction of a 6’ tall privacy wood fence (see site plan for location’s – Exhibit B Section 4). New wood fence to match existing fence or similar and shall be wood stained and sealed on both sides. The new wood fence length consists of:

1. South side along property line, fence is approximately 160 ft. ± (contractor to field verify).

2. East side on main entrance fence is approximately 25 ft. ± (contractor to field verify).

3. West side by Exercise Area fence is approximately 30 ft. ± (contractor to field verify).

4. Contractor to Perform work in accordance with applicable federal, State, and local building and safety codes and regulations.

C. Tube Fence and Gate (Option Two):

Contractor to install and provide all materials, components and labor for the construction of a 4 ft. tall tube fence and gate (see site plan for type and location – Exhibit B Section 4). New tube fence and gate to match existing Fire Garage fence tubing or similar (see Exhibit D Section 4 Fire Garage fence photo). Tube fence details consists of:

1. Approximately 40 ft. ± in length with a 4 ft. gate opening. (contractor to field verify).

2. Color to match or similar to Fire Garage fence tubing. (see Exhibit D Section 4 Fire Garage fence photo).

3. Contractor has the option to have the Tube fence and gate built on site.

4. Contractor to Perform work in accordance with applicable federal, State, and local building and safety codes and regulations.

Solicitation No. 127EAX21Q0025 Page 10 of 47

D. Exercise Area: (See Exhibit B Section 4 for location)

Contractor to install and provide all materials, components and labor for the construction of a 20’x20’ Exercise Area (see site plan for location). Exercise Area will consist of:

1. Dig out space. Dig a 20’x20’ approximately 4 to 6 inches in depth around the Exercise Area.

2. Place landscape fabric at the bottom (also called weed barrier). Use earth staples (hairpin-like, curved, metal pins) to secure the fabric directly into the ground.

3. Lay railroad ties on the outside edge. Use a tamper and a level.

4. Fill the contained area with wood chips.

5. Provide two new wood benches as shown on site plan.

E. New Landscape Area (SE of Building): See Exhibit B Section 4

Contractor to install and provide all materials, plants, boulders, granite and drip irrigation system for the new landscape area (see site plan for location).

Landscaping will consist of:

1. 5 – 5-gallon Silverberry (Elaeagnus Pungens).

2. 6 – 1-gallon Angelita Daisy (Hymenoxys Acaulis).

3. 3 – Boulders (Similar to existing boulders).

4. Drip irrigation system for new landscape area.

5. Striping Paint to close off existing parking stall.

6. Install remaining removed granite in this area and provide new granite if necessary to provide a 3 to 4 inch depth.

SECTION 3 – PROJECT ADMINISTRATION

3.01 ADMINISTRATION

A. Pre-Bid meeting shall be set for no less than 5 days prior to bid submittals are due.

B. Kick-off Meeting. Upon receipt of a written Notice to Proceed from the contracting officer, contractor shall conduct a kick-off meeting with the Forest Service to review the scope of the project, develop a project schedule, and confirm deliverables.

Solicitation No. 127EAX21Q0025 Page 11 of 47

452.211-72 Statement of Work/Specifications. (FEB 1988)

The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the Statement of Work/Specifications referenced in Section J.

452.211-73 Attachments to Statements of Work/Specifications. (FEB 1988)

The attachments to the Statement of Work/Specifications listed in Section J are hereby made part of this solicitation and any resultant contract.

D – SECTION D – Packaging and Marking

E – SECTION E – Inspection and Acceptance

52.246-1 Contractor Inspection Requirements. (APR 1984)

52.246-12 Inspection of Construction. (AUG 1996)

(a) Definition. Work includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.

(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

© Government inspections and tests are for the sole benefit of the Government and do not –

(1) Relieve the Contractor of responsibility for providing adequate quality control measures;

(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

(3) Constitute or imply acceptance; or

(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) below.

(d) The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to

Solicitation No. 127EAX21Q0025 Page 12 of 47 change any term or condition of the specification without the Contracting Officer’s written authorization.

© The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer.

The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary.

The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

(g) If the Contractor does not promptly replace or correct rejected work, the Government may (1) by contract or otherwise, replace or correct the work and charge the cost to the Contractor or (2) terminate for default the Contractor’s right to proceed.

(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government’s rights under any warranty or guarantee.

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):

Solicitation No. 127EAX21Q0025 Page 13 of 47 https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar

F – SECTION F – Deliveries or Performance

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

The Contractor shall be required to (a) commence work under this contract within ten

(10) 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 fourteen (14) calendar days after the date the contractor receives the notice to proceed. The time stated for completion shall include final cleanup of the premises.

52.242-14 Suspension of Work. (APR 1984)

452.236-75 Maximum Workweek – Construction Schedule. (NOV 1996)

Within [5] calendar days after receipt of a written request from the Contracting Officer, the Contractor must submit the following in writing for approval:

(a) A schedule as required by FAR clause 52.236-15, Schedules for Construction Contracts, and

(b) The hours (including the daily starting and stopping times) and days of the week the Contractor proposes to carry out the work.

The maximum workweek that will be approved is Monday through Friday 0700 – 1700 hours.

G – SECTION G – Contract Administration Data

H – SECTION H – Special Contract Requirements

I – SECTION I – Contract Clauses

52.204-7 System for Award Management. (OCT 2018)

(a) Definitions. As used in this provision-

Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

Registered in the System for Award Management (SAM) means that-https://www.acquisition.gov/browse/index/far https://www/

Solicitation No. 127EAX21Q0025 Page 14 of 47

(1) The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14) into SAM;

(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of Contact sections of the registration in

SAM;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record “Active”.

Unique entity identifier means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

(b)(1) An Offeror is required to be registered in SAM when submitting an offer or quotation, and shall continue to be registered until time of award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “Unique Entity Identifier” followed by the unique entity identifier that identifies the Offeror’s name and address exactly as stated in the offer. The Offeror also shall enter its EFT indicator, if applicable. The unique entity identifier will be used by the Contracting Officer to verify that the Offeror is registered in SAM.

© If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for establishment of the unique entity identifier directly to obtain one. The Offeror should be prepared to provide the following information:

(1) Company legal business name.

(2) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(3) Company physical street address, city, state, and Zip Code.

(4) Company mailing address, city, state and Zip Code (if separate from physical).

http://www.sam/ http://www.sam/

Solicitation No. 127EAX21Q0025 Page 15 of 47

(5) Company telephone number.

(6) Date the company was started.

(7) Number of employees at your location.

(8) Chief executive officer/key manager.

(9) Line of business (industry).

(10) Company headquarters name and address (reporting relationship within your entity).

(d) Processing time should be taken into consideration when registering. Offerors who are not registered in SAM should consider applying for registration immediately upon receipt of this solicitation. See https://www.sam.gov for information on registration.

52.204-9 Personal Identity Verification of Contractor Personnel. (JAN 2011)

(a) The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24, and Federal Information Processing Standards Publication (FIPS PUB) Number 201.

(b) The Contractor shall account for all forms of Government-provided identification issued to the Contractor employees in connection with performance under this contract. The Contractor shall return such identification to the issuing agency at the earliest of any of the following, unless otherwise determined by the Government:

(1) When no longer needed for contract performance.

(2) Upon completion of the Contractor employee’s employment.

(3) Upon contract completion or termination.

© The Contracting Officer may delay final payment under a contract if the Contractor fails to comply with these requirements.

(d) The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts when the subcontractor’s employees are required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system. It shall be the responsibility of the prime Contractor to return such identification to the issuing agency in accordance with the terms set forth in paragraph (b) of this section, unless otherwise approved in writing by the Contracting Officer.

Solicitation No. 127EAX21Q0025 Page 16 of 47

52.209-6 Protecting the Government’s Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020)

52.211-18 Variation in Estimated Quantity. (APR 1984)

52.219-6 Notice of Total Small Business Set-Aside. (NOV 2020)

(a) Definition. Small business concern, as used in this clause-

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the size standards in this solicitation.

(2) Affiliates, as used in paragraph (a)(1) of this clause, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

(b) Applicability. This clause applies only to-

(1) Contracts that have been totally set aside for small business concerns;

and

(2) Orders set aside for small business concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).

© General. (1) Offers are solicited only from small business concerns. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected.

(2) Any award resulting from this solicitation will be made to a small business concern.

52.222-3 Convict Labor. (JUN 2003)

52.222-5 Construction Wage Rate Requirements-Secondary Site of the Work. (MAY 2014)

(a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the

Solicitation No. 127EAX21Q0025 Page 17 of 47

FAR clause at 52.222-6, Construction Wage Rate Requirements, of this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.

(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.

(2) The due date for receipt of offers will not be extended as a result of an offeror’s request for a wage determination for a secondary site of the work.

52.222-6 Construction Wage Rate Requirements. (AUG 2018)

52.222-7 Withholding of Funds. (MAY 2014)

52.222-8 Payrolls and Basic Records. (AUG 2018)

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)

52.222-20 Contracts for Materials, Supplies, Articles, and Equipment. (JUN 2020)

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. (APR 2015)

52.222-35 Equal Opportunity for Veterans. (JUN 2020)

52.222-36 Equal Opportunity for Workers with Disabilities. (JUN 2020)

52.222-37 Employment Reports on Veterans. (JUN 2020)

Solicitation No. 127EAX21Q0025 Page 18 of 47

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts. (SEP 2013)

(a) In the performance of this contract, the contractor shall make maximum use of biobased products that are United States Department of Agriculture (USDA)-designated items unless-

(1) The product cannot be acquired-

(i) Competitively within a time frame providing for compliance with the contract performance schedule;

(ii) Meeting contract performance requirements; or

(iii) At a reasonable price.

(2) The product is to be used in an application covered by a USDA categorical exemption (see 7 CFR 3201.3©). For example, all USDA-designated items are exempt from the preferred procurement requirement for the following:

(i) Spacecraft system and launch support equipment.

(ii) Military equipment, i.e., a product or system designed or procured for combat or combat-related missions.

(b) Information about this requirement and these products is available at http://www.biopreferred.gov.

© In the performance of this contract, the Contractor shall-

(1) Report to http://www.sam.gov, with a copy to the Contracting Officer, on the product types and dollar value of any USDA-designated biobased products purchased by the Contractor during the previous Government fiscal year, between October 1 and September 30; and

(2) Submit this report no later than-

(i) October 31 of each year during contract performance; and

(ii) At the end of contract performance.

52.223-5 Pollution Prevention and Right-to-Know Information. (MAY 2011)

52.223-6 Drug-Free Workplace. (MAY 2001)

52.223-15 Energy Efficiency in Energy-Consuming Products. (MAY 2020)

52.224-1 Privacy Act Notification. (APR 1984) http://www/ http://www/

Solicitation No. 127EAX21Q0025 Page 19 of 47

52.224-2 Privacy Act. (APR 1984)

52.225-9 Buy American – Construction Materials. (FEB 2021)

(a) Definitions. As used in this clause-

Commercially available off-the-shelf (COTS) item- (1) Means any item of supply (including construction material) that is-

(1) A commercial item (as defined in paragraph (1) of the definition 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.

Construction material means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

Cost of components means-

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

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

Domestic construction material means-

Solicitation No. 127EAX21Q0025 Page 20 of 47

(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.

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

Solicitation No. 127EAX21Q0025 Page 21 of 47 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.

(b) Domestic preference. (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 materials, excluding COTS fasteners. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows:

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

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that-

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 20 percent;

(ii) The application of the restriction of the Buy American statute to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

© Request for determination of inapplicability of the Buy American statute. (1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including-

Solicitation No. 127EAX21Q0025 Page 22 of 47

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

© Quantity;

(D) Price;

© Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material.

However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute or Balance of Payments Program.

(d) Data. To permit evaluation of requests under paragraph © 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:

Solicitation No. 127EAX21Q0025 Page 23 of 47

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. ________ ________ ________

[* Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).]

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.]

[Include other applicable supporting information.]

(End of clause)

52.225-13 Restrictions on Certain Foreign Purchases. (FEB 2021)

52.227-4 Patent Indemnity–Construction Contracts. (DEC 2007)

52.228-2 Additional Bond Security. (OCT 1997)

52.228-11 Individual Surety-Pledge of Assets. (FEB 2021)

52.228-12 Prospective Subcontractor Requests for Bonds. (MAY 2014)

52.228-13 Alternative Payment Protections. (JUL 2000)

(a) The Contractor shall submit one of the following payment protections:

1. Payment Bond

2. Irrevocable Letter of Credit

Solicitation No. 127EAX21Q0025 Page 24 of 47

3. Tripartite escrow agreement

(b) The amount of the payment protection shall be 100 percent of the contract price.

© The submission of the payment protection is required within 10 days of contract award.

(d) The payment protection shall provide protection for the full contract performance period plus a one-year period.

© Except for escrow agreements and payment bonds, which provide their own protection procedures, the Contracting Officer is authorized to access funds under the payment protection when it has been alleged in writing by a supplier of labor or material that a nonpayment has occurred, and to withhold such funds pending resolution by administrative or judicial proceedings or mutual agreement of the parties.

(f) When a tripartite escrow agreement is used, the Contractor shall utilize only suppliers of labor and material that signed the escrow agreement.

52.228-14 Irrevocable Letter of Credit. (NOV 2014)

52.232-5 Payments Under Fixed-Price Construction Contracts. (MAY 2014)

52.232-18 Availability of Funds. (APR 1984)

52.232-23 Assignment of Claims. (MAY 2014)

52.232-27 Prompt Payment for Construction Contracts. (JAN 2017)

52.232-33 Payment by Electronic Funds Transfer – System for Award Management.

(OCT 2018)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (DEC 2013)

(a) Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor.

(b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.

Solicitation No. 127EAX21Q0025 Page 25 of 47

© Include the substance of this clause, including this paragraph ©, in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items.

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)

(a) The Government shall make all reasonably required amounts of utilities available to the Contractor from existing outlets and supplies, as specified in the contract. Unless otherwise provided in the contract, the amount of each utility service consumed shall be charged to or paid for by the Contractor at prevailing rates charged to the Government or, where the utility is produced by the Government, at reasonable rates determined by the Contracting Officer. The Contractor shall carefully conserve any utilities furnished without charge.

(b) The Contractor, at its expense and in a workmanlike manner satisfactory to the Contracting Officer, shall install and maintain all necessary temporary connections and distribution lines, and all meters required to measure…