127EAX22Q0023 FRD Main Office Electrical Repairs.pdf
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CONSTRUCTION RFQ SOLICITATION NO: 127EAX22Q0023
PROJECT NAME: FRD OFFICE ELECTRIC REPAIR
UNIT: COCONINO NATIONAL FOREST
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1. Introduction. The USDA Forest Service, Coconino National Forest, Flagstaff Ranger District (FRD) has a requirement for Design and Repair of building electrical system, Coconino County, Arizona 86004.
Project consists of tasks for design and repairs to a portion of the main office electrical system. Design and repairs shall move the existing electrical and data outlets from floor locations to new wall or pole locations, include wiring, and all other items needed to fully function upon completion.
2. Type of Award. As a result of this solicitation, the Government anticipates awarding a Firm Fixed-Price Construction Contract using FAR 15 Request For Quotation (RFQ) Best Value format. This is a 100% Small Business Set Aside to NAICS code 238210 $16.5 Million is the maximum size standard to qualify as small business. PSC code Z2AA.
To be eligible for award of a Federal contract, potential vendors, at time of award, need to have an active registration in the System for Award Management (SAM) at https://sam.gov/content/home .
3. Basis for Award – Best Value-Tradeoffs – See Section M (last section of this document).
4. How to submit your offer. Submit RFP pages 3 through 5 as your business (schedule of items) proposal. In a separate document, submit all the information requested in Section M as your technical proposal.
Deadline for submission of offers shall be July 28, 2022, 4:00 p.m. (Pacific Daylight Time – matches time zone in advertisement in SAM).
Responses to the RFQ shall be sent to the Contracting Officer by email and should contain the Solicitation Number in the subject line for the email. Email: warren.abbott@usda.gov
5. Formal Site Visit has not been scheduled. Individual site visits may be requested from the Contracting Officer’s Representative (COR) up through July 20, 2022.
Any questions on this solicitation shall be sent in writing to Contracting Officer (CO):
warren.abbott@usda.gov .
Project Contracting Officer’s Representative (COR):
Ray Holt, Supervisory Civil Engineer
(928) 527-3524 raymond.holt@usda.gov
Project Inspector (Inspections only):
Andrew Porras, Civil Engineer
(928) 226-4680 andrew.porras@usda.gov https://sam.gov/content/home mailto:warren.abbott@usda.gov mailto:warren.abbott@usda.gov mailto:raymond.holt@usda.gov mailto:andrew.porras@usda.gov
UNIT: COCONINO NATIONAL FOREST
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Table of Contents
PART I—THE SCHEDULE
SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS
TO FACILITATE COMMUNICATIONS BETWEEN CONTRACTING OFFICER AND CONTRACTOR, PLEASE PROVIDE
THE FOLLOWING:
C.1.1 SCOPE OF CONTRACT
C.1.2 MAGNITUDE OF CONSTRUCTION PROJECT
C.2 PROJECT LOCATON
C.3 GENERAL SPECIFICATIONS ........................................................................ Error! Bookmark not defined.
C.4 TECHNICAL SPECIFICATIONS
Title ................................................................................................................................ Error! Bookmark not defined.
Aggregate ....................................................................................................................... Error! Bookmark not defined.
C.5 CLAUSES
SECTION D--PACKAGING AND MARKING
D-1 PACKING AND MARKING
D-2 PROJECT LABELING FOR OFFICIAL COORESPONDENCE
SECTION E--INSPECTION AND ACCEPTANCE
E.1 CLAUSES
SECTION F--DELIVERIES OR PERFORMANCE
F.1 CLAUSES
SECTION G--CONTRACT ADMINISTRATION DATA
G.1 CLAUSES
SECTION H--SPECIAL CONTRACT REQUIREMENTS
H.1 CLAUSES
PART II--CONTRACT CLAUSES / SECTION I--CONTRACT CLAUSES
I.1 CLAUSES
PART III--LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS
SECTION J--LIST OF ATTACHMENTS (INCORPORATED AS ELECTRONIC DOCUMENTS)
PART IV--REPRESENTATIONS AND INSTRUCTIONS
SECTION K--REPRESENTATIONS, CERTIFICATIONS, AND
OTHER STATEMENTS OF OFFERORS OR RESPONDENTS
K.1 PROVISIONS
SECTION L--INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR RESPONDENTS
L.1 PROVISIONS
SECTION M--EVALUATION FACTORS FOR AWARD
UNIT: COCONINO NATIONAL FOREST
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NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)
Computer Generated Prescribed by GSA
FAR (48 CFR) 53.236-1I
SOLICITATION, OFFER,
AND AWARD
(Construction, Alteration, or Repair)
1. SOLICITATION NO.
127EAX22Q0023
2. TYPE OF SOLICITATION
SEALED BID (IFB)
NEGOTIATED (RFQ)
3. DATE ISSUED
06/23/2022
PAGE OF PAGES
3 29
IMPORTANT — The “offer” section on the reverse must be fully completed by offeror.
4. CONTRACT NO.
5. REQUISITION/PURCHASE REQUEST NO.
1067081
6. PROJECT NO.
7. ISSUED BY CODE 128371 8. ADDRESS OFFER TO
USFS SOUTHWESTERN REGION PPS FPO CSA #7
333 BROADWAY SE
ALBUQUERQUE, NM 87102
USFS SOUTHWESTERN REGION PPS FPO CSA #7
WARREN.ABBOTT@USDA.GOV
9. FOR INFORMATION
CALL:
B. NAME
Warren Abbott
B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS) email: warren.abbott@usda.gov
SOLICITATION
NOTE: In sealed bid solicitations “offer” and “offeror” mean “bid” and “bidder.”
10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date):
The USDA Forest Service, Coconino National Forest, Flagstaff Ranger District has a requirement for Design and Repair of building electrical system, Coconino County, Arizona 86004.
MAGNITUDE OF PROJECT: Between $25,000 and $100,000. This solicitation is a 100 percent Total Small Business Set-Aside.
NAICS: 238210 $16.5 Million PSC: Z1AZ Davis-Bacon Wage Determination applies.
No Bonds required.
11. The Contractor shall begin performance within 10 calendar days and complete it within time specified calendar days after receiving award, notice to proceed. This performance period is mandatory, negotiable. (See Section F.)
12A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?
(If “YES,” indicate within how many calendar days after award in Item 12B.)
YES NO
12B. CALENDAR DAYS
13. ADDITIONAL SOLICITATION REQUIREMENTS:
A. Sealed offers in original and 1 copies to perform the work required are due at the place specified in Item 8 by 1600 (hour) local time JULY 28, 2022.
If this is a sealed bid solicitation, offers must 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.
B. An offer guarantee is, is not required.
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.
D. Offers providing less than 60 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.
mailto:WARREN.ABBOTT@USDA.GOV
CONSTRUCTION RFP SOLICITATION NO: 127EAX22Q0023
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Computer Generated STANDARD FORM 1442 BACK (REV. 4-85)
OFFER (Must be fully completed by offeror)
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
17. The offeror agrees to perform the work at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government 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.
AMOUNTS
18. The offeror agrees to furnish any required performance and payment bonds.
19. ACKNOWLEDGMENT OF AMENDMENTS
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:
A. AMOUNT
23. ACCOUNTING AND APPROPRIATION DATA
B. SUBMIT INVOICES TO ADDRESS SHOWN
IN
ITEM
B. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO
10 U.S.C. 2304I( ) 41 U.S.C. 253I( )
26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY
SAME AS 7 Electronic Funds Transfer via Invoice Processing Platform at www.ipp.gov
CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE
28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return ____ copies to issuing office.) 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, certifications, and specifications or incorporated by reference in or attached to this contract.
29. AWARD (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
BY
31C. AWARD DATE
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PART I—THE SCHEDULE
SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS
BASE
LINE
ITEM#
WORK
ITEM#
DESCRIPTION OF SERVICES PAY
UNIT
PAY
UNIT
EST.
QTY.
UNIT
PRICE*
EXTENDED
AMOUNT*
1001 01070(01) Mobilization LSQ LUMP
SUM 1
1002 01500(01) Main Office Electrical Design LSQ LUMP
SUM 1
1003 16123(01) Main Office Renovations & Electrical Repairs LSQ LUMP
SUM 1
TOTAL OF BASE LINE ITEMS
OPTIONAL
LINE
ITEM#
WORK
ITEM#
DESCRIPTION OF SERVICES PAY
UNIT
PAY
UNIT
EST.
QTY.
UNIT
PRICE*
EXTENDED
AMOUNT*
01500(02)
Electric design exterior parking pole lights LSQ LUMP
SUM 1
2002 01500(03) Electric design front gate LSQ LUMP
SUM 1
2003 16123(02) Exterior parking pole lights LSQ LUMP
SUM 1
2004 16123(03) Electric front gate LSQ LUMP
SUM 1
TOTAL OF OPTION LINE ITEMS $
GRAND TOTAL OF ALL LINE ITEMS $
* OFFER PRICING INCLUDES ALL FEDERAL, STATE, LOCAL TAXES, PERMITS, LICENSES, FEES, ETC. TO COMPLETE THE WORK IN STRICT
ACCORDANCE WITH ALL TERMS AND CONDITIONS CONTAINED HEREIN.
TO FACILITATE COMMUNICATIONS BETWEEN CONTRACTING OFFICER AND CONTRACTOR, PLEASE PROVIDE THE
FOLLOWING CERTIFICATION OF OFFER PRICING AND SUBMISSIONS FOR THIS SOLICITATION:
CONTRACTOR COMPANY NAME:_____________________ UNIQUE ENTITY IDENTIFIER (UEI) # ______________ AUTHORIZED TO SIGN (NAME & TITLE):________________________ BUSINESS EMAIL: _____________________
SIGNATURE:_______________________ DATE:____________ PHONE: ____________________________
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SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK
C.1.1 SCOPE OF CONTRACT
The USDA Forest Service, Coconino National Forest, Flagstaff Ranger District (FRD) has a requirement for Design and Repair of building electrical system, Coconino County, Arizona 86004.
Project consists of This Statement of Work (SOW) outlines the tasks for design and repairs to a portion of the main office electrical system. Design and repairs shall move the existing electrical and data outlets from floor locations to new wall or pole locations, include wiring, and all other items needed to fully function upon completion
The main office was built in the 1987. Please see the attached plans for the existing electrical system for the building and site. There are currently two larger open spaces being used for cubicles. These equate 12 separate spaces divided by cubical panels. Currently, these are powered by electric via outlets in the concrete floor and mats are over the top causing safety issues. The project specifications include pictures of the electrical panels, cubicles, and other pertinent information.
Exhibits:
Exhibit 1 – U.S. Department of Labor, Wage Determination Exhibit 2 – FRD Specifications Main Office Electrical Repairs Exhibit 3 – FRD Main Office Existing Electrical Plans
C1.2 MAGNITUDE OF CONSTRUCTION PROJECT
Magnitude of Construction Project: Between $25,000 and $100,000.
C2 PROJECT LOCATON AND PERIOD OF PERFORMANCE
Location: Flagstaff Ranger Station main office is located on the east side of the Flagstaff Ranger Station on the east side of town. The Flagstaff Ranger Station is located at 5075 US-89, Flagstaff, AZ 86004.
Flagstaff Ranger Station Main office is accessed by the main road off highway 89.
Period of Performance: The design and repairs shall be completed within one year (360 calendar days) from issuance of the Notice To Proceed. No work shall be permitted to be performed on weekends.
C3 & C4 STATEMENT OF WORK & SPECIFICATIONS
The Contractor shall provide all labor, materials, tools, equipment, services, testing, supervision, and incidentals necessary to perform activities associated with design and repairs for the main office electrical open space system.
The contractor shall comply with the Federal Regulatory Agencies: U.S. Environmental Protection Agency (EPA), U.S. Housing and Urban Development Agency (HUD), U.S. Occupational Safety and Health Administration (OSHA), U.S. Department of Transportation (DOT), U.S. Department of Health and Human Services (HHS), U.S. Department of Labor (DOL). They shall also comply with local and State laws, P a g e | 7 regulations, and regulatory agencies; and Arizona Department of Environmental Quality (ADEQ).
The contractor shall adequately protect the work sites, surrounding lands, employees, and general public during the entire length of the project. The contractor shall be responsible for all damages or injury caused due to their actions or negligence.
Tasks are Pay Items outlined in the Bid Schedule.
Task 1: Electrical Design The electrical/data redesign of the open space areas of the main office from the existing in-floor to a raised pony wall or pole system. Optional design work will include design of the exterior parking area north of the main office for light poles meeting the City of Flagstaff dark skies ordinance. Optional design work will include a new electric keypad type of gate matching other systems across the forest.
Task 2: Demolition The existing electrical system associated with the open spaces and components as needed for the redesign shall be removed from National Forest Lands and disposed of in accordance with local, state, and federal regulations at an approved landfill.
Task 3: New Main Office Electrical Repairs This will include all work associated with the construction and installation of the new electrical system for the main office open areas.
Task 4: Optional Exterior Parking Lot Lights This would include the construction of 2-3 new pole lights, associated components, trenching, backfilling, pavement repair, to have a fully functioning system.
Optional excavation work shall not begin until any clearing or grubbing work has been completed.
Operations shall be in compliance with the requirements and restrictions of OSHA, the Arizona Occupational Safety and Health Code, and the Workman's Compensation Board.
All trenches shall be excavated in reasonably close conformity with the lines and grades. Any shifting or change from the alignment and grade agreed upon must receive prior approval by the COR.
Lay utilities in continuous open trench. Short tunnel sections or boring may be used in special locations with the approval of the CO.
Trim roots flush with trench wall.
The contractor should expect to encounter rock during excavation activities.
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Task 5: Optional New Electrical Front Entrance Gate This would include the construction of the new electric gate, key pads, trenching, backfill, pavement repairs and all components for a fully funtioning system.
Task 6: Mobilization Task 4 consists of all activities associated with mobilization and demobilization to perform the tasks associated with the Statement of Work. Activities include transportation of labor, material, and equipment.
Deliverables
• Electrical design
C.5 CLAUSES
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 Statement 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.
SECTION D--PACKAGING AND MARKING
D-1 PACKING AND MARKING
All shipments of materials, equipment and/or supplies shall be addressed to the Contractor and not to the Government.
D-2 PROJECT LABELING FOR OFFICIAL COORESPONDENCE
The Government singularly identifies each project with a contract number at time of award. The contract number is a unique identifier to purposely and permanently represent an awarded project. The Government issued contract number is to be referenced on all official communication starting upon notice of award.
SECTION E--INSPECTION AND ACCEPTANCE
E.1 CLAUSES
FAR 52.246-12 Inspection of Construction (AUG 1996) FAR 52.246-13 Inspection-Dismantling, Demolition, or Removal of Improvements (AUG 1996)
SECTION F--DELIVERIES OR PERFORMANCE
F.1 CLAUSES
52.211-13 Time Extensions (SEP 2000) 52.211-18 Variation in Estimated Quantity (APR 1984) 52.242-14 Suspension of Work (APR 1984)
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52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984)
The Contractor shall be required to (a) commence work under this contract within 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 360 calendar days from notice to proceed. The time stated for completion shall include final cleanup of the premises. Work shall not be permitted on weekends.
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SECTION G--CONTRACT ADMINISTRATION DATA
G.1 CLAUSES
452.215-73 Post Award Conference (NOV 1996)
A post award conference with the successful offeror is required. It will be scheduled and held within 60 calendar days after the date of contract award. The conference will be held at (to be determined).
SECTION H--SPECIAL CONTRACT REQUIREMENTS
H.1 CLAUSES
452.237-74 Key Personnel (FEB 1988)
(a) The Contractor shall assign to this contract the following key personnel: Certified Commercial Electrician
(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.
(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.
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PART II--CONTRACT CLAUSES / SECTION I--CONTRACT CLAUSES
I.1 CLAUSES
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):
Federal Acquisition Regulation (FAR) Clauses: https://www.acquisition.gov/browse/index/far (FAR clauses begin with 52) Department of Agriculture Acquisition Regulation (AGAR) Clauses: https://www.acquisition.gov/agar (AGAR clauses begin with 452) Deviations to clauses may be viewed at: https://www.dm.usda.gov/procurement/policy/FARClassDeviations.htm
52.202-1 Definitions (JUN 2020) 52.203-3 Gratuities (APR 1984) 52.203-5 Covenant against Contingent Fees (MAY 2014) 52.203-6 Restrictions on Subcontractor Sales to the Government (JUN 2020) 52.203-7 Anti-Kickback Procedures (JUN 2020) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (MAY 2014) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (MAY 2014) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (JUN 2020) 52.203-13 Contractor Code of Business Ethics and Conduct (JUN 2020) 52.203-14 Display of Hotline Poster(s) (JUN 2020) 52.203-17 Contractor Employee Whistleblower Rights & Requirements to Inform Employees of Whistleblower Rights (JUN 2020) 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) 52.204-2 Security Requirements (AUG 1996) Alternate II (APR 1984) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (MAY 2011) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) 52.204-13 System for Award Management Maintenance (OCT 2018) 52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020) 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014) 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other
Covered Entities (JUL 2018) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (AUG 2020) 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for
Debarment (JUN 2020) 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015) 52.210-1 Market Research (JUN 2020) 52.215-2 Audit and Records -- Negotiation (JUN 2020) 52.215-8 Order of Precedence—Uniform Contract Format (OCT 1997) 52.215-10 Price Reduction for Defective Certified Cost or Pricing Data (AUG 2011) 52.215-11 Price Reduction for Defective Certified Cost or Pricing Data-Modifications (JUN 2020) 52.215-14 Integrity of Unit Prices (JUN 2020) Alt 1 (OCT 1997) 52.215-15 Pension Adjustments and Asset Reversions (OCT 2010) 52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits (PRB) Other Than Pensions (JUL 2005) 52.215-19 Notification of Ownership Changes (OCT 1997)
[Contracting Officer check as appropriate.] ☒By the end of the base term of the contract and then by the end of each subsequent option period; or ☐By the end of the performance period for each order issued under the contract.
52.219-6 Notice of Total Small Business Set-Aside (NOV 2020) 52.219-8 Utilization of Small Business Concerns (OCT 2018) 52.219-9 Small Business Subcontracting Plan (NOV 2021)
☐By the end of the base term of the contract and then by the end of each subsequent option period; or https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar https://www.dm.usda.gov/procurement/policy/FARClassDeviations.htm
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☒By the end of the performance period for each order issued under the contract.
52.219-28 Post Award Small Business Program Rerepresentation (NOV 2020)
[Contracting Officer check as appropriate.] ☒By the end of the base term of the contract and then by the end of each subsequent option period; or ☐By the end of the performance period for each order issued under the contract.
52.222-3 Convict Labor (JUN 2003) 52.222-4 Contract Work Hours and Safety Standards -- Overtime Compensation (MAY 2018) 52.222-6 Construction Wage Rate Requirement (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) 52.222-21 Prohibition of Segregated Facilities (APR 2015) 52.222-26 Equal Opportunity (APR 2016) 52.222-27 Affirmative Action Compliance Requirements for Construction (APR 2015) 52.222-30 Construction Wage Rate Requirements-Price Adjustment (None or Separately Specified Pricing Method) (AUG 2018) 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) 52.222-40 Notification of Employee Rights Under National Labor Relations Act (DEC 2010) 52.222-50 Combating Trafficking in Persons (OCT 2020) 52.222-54 Employment Eligibility Verification (OCT 2015) 52.222-55 Minimum Wages under Executive Order 13658 (NOV 2020) 52.222-62 Paid Sick Leave under Executive Order 13706 (JAN 2017) 52.223-2 Affirmative Procurement of Biobased Products under Service and Construction Contracts (SEP 2013) 52.223-3 Hazardous Material Identification and Material Safety Data Alt 1 (JAN 1997) 52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011) 52.223-6 Drug-Free Workplace (MAY 2001) 52.223-11 Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) 52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) 52.223-15 Energy Efficiency in Energy Consuming Products (MAY 2020) 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts (AUG 2018) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) 52.223-20 Aerosols (JUN 2016) 52.223-21 Foams. (JUN 2016) 52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008) 52.227-1 Authorization and Consent (JUN 2020) 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (JUN 2020) 52.227-4 Patent Indemnity -- Construction Contracts (DEC 2007) 52.228-5 Insurance – Work on a Government Installation (JAN 1997) 52.229-3 Federal, State, and Local Taxes (FEB 2013) 52.229-4 Federal, State, and Local Taxes (State and Local Adjustments) (FEB 2013) 52.232-5 Payments under Fixed-Price Construction Contracts (MAY 2014) 52.232-17 Interest (MAY 2014) 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) 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) 52.233-1 Disputes (MAY 2014) Alt 1 (DEC 1991) 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)
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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)
Alternate I (NOV 1991) 52.236-14 Availability and Use of Utility Services (APR 1984) 52.236-15 Schedules for Construction Contracts (APR 1984) 52.236-16 Quantity Surveys (APR 1984)
Alternate 1 (APR 1984) 52.236-17 Layout of Work (APR 1984) 52.236-21 Specifications and Drawings for Construction (FEB 1997)
Alternate I (APR 1984) Alternate II (APR 1984)
52.242-5 Payments to Small Business Subcontractors (JAN 2017) 52.242-13 Bankruptcy (JUL 1995) 52.243-4 Changes (JUN 2007) 52.244-2 Subcontracts (JUN 2020) 52.244-5 Competition in Subcontracting (DEC 1996) 52.244-6 Subcontracts for Commercial Items (NOV 2020) (DEVIATION APR 2020) 52.245-1 Government Property (JAN 2017) - Alt 1 (APR 2012) 52.245-9 Use and Charges (APR 2012) 52.246-21 Warranty of Construction (MAR 1994)
Alternate I (MAR 1994) 52.248-3 Value Engineering – Construction (OCT 2020) 52.249-2 Termination for Convenience of the Government (Fixed-Price) (APR 2012)--Alternate I (SEP 1996) 52.249-3 Termination for Convenience of the Government (Dismantling, Demolition, or Removal of Improvements) (APR 2012) 52.249-10 Default (Fixed-Price Construction) (APR 1984)
Alternate I (APR 1984) 52.253-1 Computer Generated Forms (JAN 1991) 452.232-70 Reimbursement for Bond Premiums – Fixed-Price Construction Contracts (NOV 1996) 452.236-71 Prohibition against the Use of Lead-Paint (NOV 1996) 452.236-72 Use of Premises (NOV 1996) 452.236-73 Archeological or Historic Sites (FEB 1988) 452.236-74 Control of Erosion, Sedimentation and Pollution (NOV 1996) 452.236-76 Samples and Certificates (FEB 1988) 452.236-77 Emergency Response (NOV 1996)
52.219-14 Limitations on Subcontracting (SEP 2021)
(a) This clause does not apply to the unrestricted portion of a partial set-aside.
(b) Definition. Similarly situated entity, as used in this clause, means a first-tier subcontractor, including an independent contractor, that—
(1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and
(2) Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract.
(c) Applicability. This clause applies only to— (1)Contracts that have been set aside for any of the small business concerns identified in 19.000(a)(3);
(2)Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3);
(3)Contracts that have been awarded on a sole-source basis in accordance with subparts 19.8, 19.13, 19.14, and 19.15;
(4)Orders expected to exceed the simplified acquisition threshold and that are— (i)Set aside for small business concerns under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or (ii)Issued directly to small business concerns under multiple-award contracts as described in 19.504(c)(1)(ii);
(5)Orders, regardless of dollar value, that are— https://www.acquisition.gov/far/part-19#FAR_19_000 https://www.acquisition.gov/far/part-19#FAR_19_000 https://www.acquisition.gov/far/part-19#FAR_Subpart_19_8 https://www.acquisition.gov/far/part-19#FAR_Subpart_19_13 https://www.acquisition.gov/far/part-19#FAR_Subpart_19_14 https://www.acquisition.gov/far/part-19#FAR_Subpart_19_15 https://www.acquisition.gov/far/part-8#FAR_8_405_5 https://www.acquisition.gov/far/part-16#FAR_16_505 https://www.acquisition.gov/far/part-19#FAR_19_504
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(i)Set aside in accordance with subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 8.405-
5 and 16.505(b)(2)(i)(F); or (ii)Issued directly to concerns that qualify for the programs described in subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 19.504(c)(1)(ii); and (6)Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the evaluation preference.
(d) Independent contractors . An independent contractor shall be considered a subcontractor.
(e) Limitations on subcontracting. By submission of an offer and execution of a contract, the Contractor agrees that in performance of a contract assigned a North American Industry Classification System (NAICS) code for— (1)Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract;
(2)Supplies (other than procurement from a nonmanufacturer of such supplies), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials , to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract;
(3)General construction, it will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials , to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 85 percent subcontract amount that cannot be exceeded; or
(4)Construction by special trade contractors , it will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials , to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 75 percent subcontract amount that cannot be exceeded.
(f) The Contractor shall comply with the limitations on subcontracting as follows:
(1) For contracts, in accordance with paragraphs (c)(1), (2), (3) and (6) of this clause— [Contracting Officer check as appropriate.]
□ By the end of the base term of the contract and then by the end of each subsequent option period; or
□ By the end of the performance period for each order issued under the contract.
(2) For orders, in accordance with paragraphs (c)(4) and (5) of this clause, by the end of the performance period for the order.
(g)A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (e) of this clause will be performed by the aggregate of the joint venture participants.
(End of clause)
52.225-9 Buy American Act-Construction Materials (JAN 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-
(i) 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-https://www.acquisition.gov/far/part-19#FAR_Subpart_19_8 https://www.acquisition.gov/far/part-19#FAR_Subpart_19_13 https://www.acquisition.gov/far/part-19#FAR_Subpart_19_14 https://www.acquisition.gov/far/part-19#FAR_Subpart_19_15 https://www.acquisition.gov/far/part-8#FAR_8_405_5 https://www.acquisition.gov/far/part-8#FAR_8_405_5 https://www.acquisition.gov/far/part-16#FAR_16_505 https://www.acquisition.gov/far/part-19#FAR_Subpart_19_8 https://www.acquisition.gov/far/part-19#FAR_Subpart_19_13 https://www.acquisition.gov/far/part-19#FAR_Subpart_19_14 https://www.acquisition.gov/far/part-19#FAR_Subpart_19_15 https://www.acquisition.gov/far/part-19#FAR_19_504
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(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or
(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit.
Cost of components does not include any costs associated with the manufacture of the construction material.
Domestic construction material means-
(1) 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 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:
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[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.
(c) Request for determination of inapplicability of the Buy American statute. (1) (i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including-
(A) A description of the foreign and domestic construction materials;
(B) Unit of measure;
(C) Quantity;
(D) Price;
(E) Time of delivery or availability;
(F) Location of the construction project;
(G) Name and address of the proposed supplier; and
(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.
(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.
(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).
(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.
(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting
Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.
(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute.
(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:
Foreign and Domestic Construction Materials Price Comparison
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Construction Material Description Unit of Measure Quantity Price (dollars)* Item1:
Foreign construction material _______ _______ _______ Domestic construction material _______ _______ _______
Item2:
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.]
52.232-40 Providing Accelerated Payments to Small Business Subcontractors (NOV 2021)
(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.
(c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial products or commercial services.
(End of clause)
52.252-6 Authorized Deviations in Clauses (NOV 2020)
(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.
(b) The use in this solicitation or contract of any Agriculture Acquisition Regulation (48 CFR __4___) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.
452.228-71 Insurance Coverage (NOV 1996) Alt 1 (NOV 1996)
Pursuant to FAR clause 52.228-5, Insurance-Work on a Government Installation, the Contractor will be required to present evidence to show, as a minimum, the amounts of insurance coverage indicated below:
(a) Workers Compensation and Employer's Liability. The Contractor is required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit worker's compensation to be written by private carriers.
(b) General Liability. The Contractor shall have bodily injury liability insurance coverage written on a comprehensive form of policy of at least $500,000 per occurrence.
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(c) Automobile Liability. The Contractor shall have automobile liability insurance written on a comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage or loss.
(d) Aircraft Public and Passenger Liability. When aircraft are used in connection with performing the contract, the Contractor shall have aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger injury. Coverage for passenger injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.
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PART III--LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS
SECTION J--LIST OF ATTACHMENTS (INCORPORATED AS ELECTRONIC DOCUMENTS)
EXHIBIT 1 US DOL WAGE DETERMINATION
EXHIBIT 2 FRD SPECIFICATIONS FOR MAIN OFFICE ELECTRICAL REPAIRS
EXHIBIT 3 FRD MAIN OFFICE EXISTING ELECTRICAL PLANS
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PART IV--REPRESENTATIONS AND INSTRUCTIONS
SECTION K--REPRESENTATIONS, CERTIFICATIONS, AND
OTHER STATEMENTS OF OFFERORS OR RESPONDENTS
K.1 PROVISIONS
52.236-28 Preparation of Proposals – Construction (OCT 1997)
52.204-8 Annual Representations and Certifications (JAN 2022) (a)
(1) The North American Industry Classification System (NAICS) code for this acquisition is 238210.
(2) The small business size standard is $16.5 million.
(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees if the acquisition— (i)Is set aside for small business and has a value above the simplified acquisition threshold;
(ii)Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or (iii)Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.
(b)
(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.
(2) If the provision at 52.204-7, System for Award…
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