127EAX23Q0091 Solicitation.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)

1101808

USDA-FS CSA SOUTHWEST 7

333 BROADWAY BLVD SE

ALBUQUERQUE NM 87102-3498

7EAX

MICHAEL CARICO 602-225-5330

108/21/2023

127EAX23Q0091

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

CIBOLA SO PARKING LOT REMODEL - CIBOLA NATIONAL FOREST

MAGNITUDE OF THIS PROJECT IS BETWEEN $100,000 AND $250,000

THIS ACQUISITION IS A TOTAL SMALL BUSINESS SET-ASIDE

NAICS CODE: 238990

DAVIS-BACON WAGES APPLY - SEE ATTACHED WAGE DETERMINATION

SUBMIT QUESTIONS BY AUG 29, 2023 TO: michael.carico@usda.gov

DUE DATE FOR SUBMISSION OF QUOTES: SEP 6, 2023 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

BE ELIGIBLE FOR AWARD OF A FEDERAL CONTRACT (NOTE: REGISTRATION IS FREE ON THIS

GOVERNMENT SITE)

Continued ...

11. The Contractor shall begin performance within

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

FAR 52.211-10

09/06/2023

NSN 7540-01-155-3212

x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (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. 8/2014)

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

USDA-FS CSA SOUTHWEST 7

333 BROADWAY BLVD SE

ALBUQUERQUE NM 87102-3498

7EAX

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, certifications, and specifications incorporated by reference in or attached to this contract.

copies to issuing office.)

10 U.S.C. 2304(c) 41 U.S.C. 3304(a)

STANDARD FORM 1442 (REV. 8/2014) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 3

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

127EAX23Q0091

BONDS ARE REQUIRED IN ACCORDANCE WITH 12 BELOW

AND MUST BE SUBMITTED ELECTRONICALLY

Delivery: 60 Days After Notice to Proceed

Delivery Location Code: 83D5

USDA FS CIBOLA NATIONAL FOREST

SUPERVISORS OFFICE

2113 OSUNA RD NE

ALBUQUERQUE NM 87113-1001 US

Period of Performance: 09/15/2023 to 09/30/2024

0001 Cibola NF SO Parking Lot Remodel

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

Sponsored by GSA

FAR (48 CFR) 53.110

Solicitation No. 127EAX23Q0091 Page 4 of 41 Cibola SO Parking Lot Remodel Cibola NF

B – SECTION B – Supplies or Services and Prices/Costs Schedule of Items 5

C – SECTION C – Description/Specifications/Statement of Work 6

D – SECTION D – Packaging and Marking 11

E – SECTION E – Inspection and Acceptance 11

F – SECTION F – Deliveries or Performance 11

G – SECTION G – Contract Administration Data 12

H – SECTION H – Special Contract Requirements 12

I – SECTION I – Contract Clauses 12

J – SECTION J – List of Documents, Exhibits, and Other Attachments 30

K – SECTION K – Representations, Certifications, of Offerors 31

L- SECTION L - Instructions, Conditions, and Notices to Offerors or Respondent 32

M – SECTION M – Evaluation Factors for Award 41

Solicitation No. 127EAX22Q0091 Page 5 of 41 Cibola SO Parking Lot Remodel – Cibola NF

B - SECTION B - Supplies or Services and Prices/Costs Schedule of Items Cibola SO Parking Lot Remodel – Cibola NF

B.1 – SCHEDULE OF ITEMS

Item No.

Deliverable / Item Title Meas. Unit Quantity Unit Cost Amount

1 Mobilization LSQ LS 1 $ $ 2 Relocate recycle dumpster in selected location (includes labor, equipment costs, bollard installation and all required asphalt work)

Each Each 1 $ $

3 Removal of Selected Fence segments and gate

LF LF 280 $ $

4 Install New Fencing LF LF 325 $ $ 5 Install Pedestrian Gates

(includes gate, labor, and equipment costs)

Each Each 2 $ $

6 Install Vehicle Gates (includes gate with pressure sensor, labor, equipment costs, and All Required Asphalt Work)

Each Each 2 $ $

7 Install Pedestrian Gate Keypads (includes material, labor, and equipment costs)

Each Each 4 $ $

8 Install Vehicle Gate Keypad on Entrance gate (includes materials, labor, equipment costs, bollard installation and all required asphalt work)

Each Each 1 $ $

9 Restripe Secured Parking Lot (4” White Retroflected Paint)

LF LF 450 $ $

TOTAL $

Tasks:

Task 1: Mobilization

The Task Shall cover all mobilization, demobilization, bonds, and taxes

Task 2: Relocate Recycle Dumpster (includes labor, equipment costs, bollard installation and all required asphalt work)

Contractor shall be responsible for moving recycle dumpster to designated location. Contractor shall install three bollards surrounding north, east and south side of designated dumpster location.

Task 3: Removal of Selected Fence Segments

Solicitation No. 127EAX22Q0091 Page 6 of 41

Removal of Interior fence and fence along the northeast of the parking lot as well as both existing vehicle gates and existing keypad for existing vehicle gate on the north side of building. Fence and gates to be removed will be marked by Forest Service personal prior to start of contract. Existing fence west and south of building to remain. Refer to attached drawings.

Task 4: Install New Fencing

Contractor shall provide materials, labor, and equipment cost for fence extension.

Installation of 7 ft tall fence with 1 ft tall single strand barbed wire on top of fence line to match existing. Refer to attached drawings for proposed fence locations.

As per UFC 4-022-03/Physical Security Toolbox: Fences and Gates (usda.gov)

Task 5: Install Pedestrian Gates (includes gate, labor, and equipment costs)

Task shall cover all materials, labor, and equipment by the contractor. Gates shall comply with ADA standards. Gate locations shall be marked with flags prior to construction. Refer to attached drawing A2 for proposed gate locations. As per UFC 4-022-03/Physical Security Toolbox: Fences and Gates (usda.gov)

Task 6: Install Vehicle Gates (includes gate with pressure plate, labor, equipment costs, and All Required Asphalt Work)

Installation will include materials, labor, equipment costs and all required asphalt work necessary for two vehicle gates with 19’ minimum opening including automated gate pressure plates on west side of fence upon exiting secured parking lot. Refer to attached drawing A2 for proposed vehicle gate locations. As per UFC 4-022-03/Physical Security Toolbox: Fences and Gates (usda.gov)

Task 7: Install Pedestrian Gate Keypads (includes material, labor, and equipment costs)

The task shall cover materials, labor, and equipment costs for entry keypads for four pedestrian gates and two vehicle gates. See attached drawing A2 for location of the four proposed and existing pedestrian gates and the proposed vehicle gate location. As per UFC 4-022-03/Physical Security Toolbox: Fences and Gates (usda.gov)

Task 8: Install Vehicle Gate Keypad (includes material, labor, and equipment costs) The task shall cover materials, labor, and equipment costs for entry keypads for four pedestrian gates and two vehicle gates. See attached drawing A2 for location of the four proposed and existing pedestrian gates and the proposed vehicle gate location. As per UFC 4-022-03/Physical Security Toolbox: Fences and Gates (usda.gov)

Task 9: Restripe Secured Parking Lot (4” White Retroflected Paint)

Includes materials, labor, and equipment. Restripe of secured parking lot with 4” white retroflected paint. Spaces shall be 9’-0” wide and 20’-0” long, angled at 45 degrees on the west and south side of existing building. Refer to A-2 for Parking space layout. As per USFS Guidance https://www.fs.usda.gov/t-d/phys_sec/deter/fences.htm https://www.fs.usda.gov/t-d/phys_sec/deter/fences.htm https://www.fs.usda.gov/t-d/phys_sec/deter/fences.htm https://www.fs.usda.gov/t-d/phys_sec/deter/fences.htm

Solicitation No. 127EAX22Q0091 Page 7 of 41

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):

SIGNATURE: DATE: __________________________________________________________________

BUSINESS EMAIL: PHONE: ____________________________________________________________

Solicitation No. 127EAX22Q0091 Page 8 of 41

C - SECTION C - Description/specifications/Statement of Work

C.1 – GENERAL DESCRIPTION OF WORK

The contractor shall provide all personal, equipment, tools, materials, supervision and other items and non-personal services necessary to extend the exterior fencing and update the Cibola National Forest and National Grassland Supervisors Office Parking Lot including relocation of Recycling Dumpster (plus required safety bollards) as well as installation of new pedestrian and vehicle gates. Keypads will be installed on all pedestrian gates and one vehicle gate as well as installation of pressure plates upon existing secured parking for vehicle gates, along with delay for oversized vehicles such as type 2 fire trucks. The gates will use a hydraulic system for egress and ingress needs. The vehicle gate on the north-east side will support 2-way traffic while the south-east gate is one way, exit only. The building will be occupied during construction. The contractor is responsible to provide power source for gates to function. Existing disturbed asphalt can be repair using crack seal if the size of disturbance is less than 2 inches wide.

All work shall be in accordance with the plans and specifications contained herein and shall comply with the Architectural Barriers Act Accessibility Standards (ABAAS). Any change in the work schedule shall be submitted for approval in writing within 14 working days to the Contracting Officer prior to commencement for approval. No Changes to the specifications, terms or conditions of this Request for Quotations shall be made without the prior approval of the Contracting Officer. The contractor is responsible for complying with all applicable regulations and obtaining all permits for all work. The Government intends to award this contract based on Lowest Price Technically Acceptable (LPTA) to the offeror that demonstrates that they have the expertise and technical skill required. To remain in the competitive range, Offerors (Contractors) shall submit the Return Package with the requirements in Evaluation Factors. Construction will run during the winter of 2023-2024.

2.0 Background

The Cibola National Forest and National Grasslands Supervisors office has been located at 2113 Osuna NE since 1989 hosting 70-90 employee’s dependent on the season. The office has a secured parking lot that is located to the west of the existing building and is approximately 0.75 acres and unsecure parking located on the north end of the building approximately 0.9 acres. The current parking contains 125 existing spaces, 50 secured and 75 unsecured. The current security system includes a 7 ft tall chain-link fence with a 1 ft tall single strand barbed wire on top surrounding the secured parking on the north, west and south side of the building with one working vehicle gate controlled by keypad and a second vehicle gate currently not in use as well as two lock and key pedestrian gates. With the addition of the addition of the Mount Taylor Hot Shot crew employees and vehicles the office on Osuna will increase to 115 employees with the addition of 3

Solicitation No. 127EAX22Q0091 Page 9 of 41 trucks and 2 fire buggies to be parked in the secured lot on the north side of the building.

The security and parking will need be met to accommodate the group prior to moving.

The office is located on the northeast Albuquerque approximately 1.1 miles west of exit 230 on I-25. The building is located off the north side of Osuna on Sego Cox Road, behind the Fish and Wildlife Services building.

Location: 2113 Osuna Rd NE, Albuquerque NM

Figure 1. Close up map of Cibola NF and NG Supervisors Office

Contractor Requirements

3.0 Technical Requirements / Tasks

Reconfigure existing parking lot including relocation of Recycling dumpster and necessary safety bollards, removal of 280 ft of existing fence with single strand barbed wire. All interior fencing and designated exterior fence are needed and to be replaced with 325 ft of 7ft chain-link fence with single strand barbed wire as per UFC 4-022- 03/Physical Security Toolbox: Fences and Gates (usda.gov). Installation of two vehicle gates and two pedestrian gates with keypad entry. Restriping along South and West side of building inside of fence so that there will be 27 angled spaces and 4 trailer spaces.

Refer to attached drawing A2 for proposed fence locations and stripping so that the secured parking space meets or exceeds needs and requirements.

Solicitation No. 127EAX22Q0091 Page 10 of 41

4.0 Government Furnished

No Materials will be furnished by the Forest Service. The Supervisors office will be open Monday thru Friday, 8 am to 4:30pm. Any access shall be coordinated with the Contracting Officer.

5.0 Deliverables / Schedule

Key Deliverables Item No.

Deliverable Objective Due

1 Proposed Project Plan

Defining the responsibilities, timeline, risks, and milestones of contract objectives. Ref. Subtask 4.1.3

No later than five (5) business days after contract award

2 Weekly Status Report

Report documenting tasks & issues weekly. Ref Task 5.1

Weekly, every Friday, by 3:00 PM MST until the contract expires

3 As-built Drawings

An as-built drawing documenting location of Remodeled parking lot, including new fence and gate locations.

After Project Completion

6.0 Travel

Work shall be performed on site at the Cibola NF and NG Supervisors Office in Albuquerque New Mexico. Any travel arrangements will need to be made for timely completion of work and will be the responsibility of the contractor.

7.0 Contractor’s Key Personnel

Contractor should demonstrate a working knowledge of Parking Lot projects and methods including fencing, building decommissioning, and installation of asphalt and concrete. Submit a copy of documentation for the personal responsible for the work.

8.0 Security Requirements

Access to existing secured parking lot will be provided to the contractor. The Supervisors Office will be open 8 am to 4:30 pm, Monday through Friday. Any access needed within the building shall be coordinated with the Contracting Officer.

9.0 Data Rights

N/A

10.0 Section 508 – Electronic and Information Technology Standards

Solicitation No. 127EAX22Q0091 Page 11 of 41

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)

D - SECTION D - Packaging and Marking

E - SECTION E - Inspection and Acceptance

52.246-12 Inspection of Construction. (AUG 1996)

52.246-13 Inspection – Dismantling, Demolition, or Removal of Improvements

(AUG 1996)

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):

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 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 60 calendar days. The time stated for completion shall include final cleanup of the premises.

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

Solicitation No. 127EAX22Q0091 Page 12 of 41 their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

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

Within 10 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 5 days (Mon through Fri).

G - SECTION G - Contract Administration Data

H - SECTION H - Special Contract Requirements

52.236-4 Physical Data. (APR 1984)

Data and information furnished or referred to below is for the Contractor's information.

The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.

(a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by [insert a description of investigational methods used, such as surveys, auger borings, core borings, test pits, probings, test tunnels].

(b) Weather conditions [insert a summary of weather records and warnings].

(c) Transportation facilities [insert a summary of transportation facilities providing access from the site, including information about their availability and limitations].

(d) [Insert other pertinent information].

Solicitation No. 127EAX22Q0091 Page 13 of 41

I - SECTION I - Contract Clauses

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)

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper.

(MAY 2011)

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-

(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".

Solicitation No. 127EAX22Q0091 Page 14 of 41

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.

(c) 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).

(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.

Solicitation No. 127EAX22Q0091 Page 15 of 41

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.

(c) 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.

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)

52.215-2 Audit and Records - Negotiation. (JUN 2020)

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

Solicitation No. 127EAX22Q0091 Page 16 of 41 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).

(c) 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.

52.219-8 Utilization of Small Business Concerns. (OCT 2018)

52.219-9 Small Business Subcontracting Plan. (JUN 2020)

52.219-14 Limitations on Subcontracting. (MAR 2020)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Applicability. This clause applies only to-

(1) Contracts that have been set aside for small business concerns or 8(a) participants;

(2) Part or parts of a multiple-award contract that have been set aside for small business concerns or 8(a) participants;

(3) Orders set aside for small business concerns or 8(a) participants under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F);

and

(4) Orders issued directly to small business concerns or 8(a) participants under multiple-award contracts as described in 19.504(c)(1)(ii).

Solicitation No. 127EAX22Q0091 Page 17 of 41

(c) Limitations on subcontracting. By submission of an offer and execution of a contract, the Contractor agrees that in performance of the contract in the case of a contract for-

(1) Services (except construction). At least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the concern.

(2) Supplies (other than procurement from a non-manufacturer of such supplies). The concern shall perform work for at least 50 percent of the cost of manufacturing the supplies, not including the cost of materials.

(3) General construction. The concern will perform at least 15 percent of the cost of the contract, not including the cost of materials, with its own employees.

(4) Construction by special trade contractors. The concern will perform at least 25 percent of the cost of the contract, not including the cost of materials, with its own employees.

(d) The Contractor shall comply with the limitations on subcontracting as follows:

(1) For contracts, in accordance with paragraph (b)(1) and (2) 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

[ X] By the end of the performance period for each order issued under the contract.

(2) For orders, in accordance with paragraphs (b)(3) and (4) of this clause, by the end of the performance period for the order.

52.219-16 Liquidated Damages - Subcontracting Plan. (JAN 1999)

52.222-3 Convict Labor. (JUN 2003)

52.222-4 Contract Work Hours and Safety Standards - Overtime Compensation.

(MAY 2018)

Solicitation No. 127EAX22Q0091 Page 18 of 41

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

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)

52.222-14 Disputes Concerning Labor Standards. (FEB 1988)

52.222-15 Certification of Eligibility. (MAY 2014)

52.222-21 Prohibition of segregated facilities. (APR 2015)

52.222-27 Affirmative Action Compliance Requirements for Construction.

(APR 2015)

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

(a) Definitions. As used in this clause-

"Active duty wartime or campaign badge veteran," "Armed Forces service medal veteran," "disabled veteran," "protected veteran," "qualified disabled veteran," and "recently separated veteran" have the meanings given at Federal Acquisition Regulation

(FAR)22.1301.

(b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans.

(c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts valued at or above the threshold specified in FAR 22.1303(a) on the date of subcontract award, unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

https://www.acquisition.gov/far/part-22#FAR_22_1301 https://www.acquisition.gov/far/part-22#FAR_22_1303

Solicitation No. 127EAX22Q0091 Page 19 of 41

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

(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.

(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of the threshold specified in Federal Acquisition Regulation (FAR) 22.1408(a) on the date of subcontract award, unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

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

52.222-50 Combating Trafficking in Persons (OCT 2020)

52.222-54 Employment Eligibility Verification (OCT 2015)

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(e)). For example, all USDA-designated items are exempt from the preferred procurement requirement for the following:

(i) Spacecraft system and launch support equipment.

https://www.acquisition.gov/far/part-22#FAR_22_1408

Solicitation No. 127EAX22Q0091 Page 20 of 41

(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.

(c) 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)

52.225-9 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-

(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, Solicitation No. 127EAX22Q0091 Page 21 of 41 such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

Cost of components means-

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

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

Domestic construction material means-

(1) 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

Solicitation No. 127EAX22Q0091 Page 22 of 41 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:

Solicitation No. 127EAX22Q0091 Page 23 of 41

[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.

Solicitation No. 127EAX22Q0091 Page 24 of 41

(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 (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison

Construction material description

Unit of measure Quantity Price

(dollars)*

Item 1:

Foreign construction material. ________ ________ ________

Domestic construction material. ________ ________ ________

Item 2:

Foreign construction material. ________ ________ ________

Solicitation No. 127EAX22Q0091 Page 25 of 41

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)

52.227-1 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)

52.228-11 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)

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

52.228-15 Performance and Payment Bonds - Construction. (JUN 2020)

52.229-3 Federal, State, and Local Taxes. (FEB 2013)

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

52.232-17 Interest. (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)

Solicitation No. 127EAX22Q0091 Page 26 of 41

(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 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)

52.236-1 Performance of Work by the Contractor. (APR 1984)

The Contractor shall perform on the site, and with its own organization, work equivalent to at least fifteen (15) percent of the total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the Government.

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)

Solicitation No. 127EAX22Q0091 Page 27 of 41

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)

52.236-17 Layout of Work. (APR 1984)

52.236-21 Specifications and Drawings for Construction. (FEB 1997)

52.236-26 Preconstruction Conference. (FEB 1995)

52.242-13 Bankruptcy. (JUL 1995)

52.243-5 Changes and Changed Conditions (JUN 2007)

52.244-6 Subcontracts for Commercial Items. (NOV 2020)

(a) Definitions. As used in this clause-

Commercial item and commercially available off-the-shelf item have the meanings contained in Federal Acquisition Regulation (FAR)2.101.

Subcontract includes a transfer of commercial items between divisions, subsidiaries, or affiliates of the Contractor or subcontractor at any tier.

(b) To the maximum extent practicable, the Contractor shall incorporate, and require its subcontractors at all tiers to incorporate,…