1282A720R0015TermsB-M_0001.pdf

Solicitation No. 1282A720R0015 Job Corps National Office – Great Onyx JCC Restroom Renovation Page 5 of 32

Continuation of SF 1442

Block 27: FAR and AGAR Contract Clauses are contained throughout all Sections of these solicitation/contract terms.

The full text of a FAR clause or provision starting with “52” may be accessed electronically at https://www.acquisition.gov/far/html/FARTOCP52.html.

The full text of an AGAR clause or provision starting with “452” may be access electronically at https://www.acquisition.gov/agar/agar-part-452.

Biobased / Bio preferred Program This procurement requires the use of bio-based products to the extent that such products are reasonably available, meet agency or relevant industry performance standards, are reasonably priced. Where available, these products should first be acquired from among qualified products that fall under the umbrella of items designated through the Federal Biobased Products Preferred Procurement Program (FB4P). For more information on biobased program and products, refer to the links under Section C.10.

https://www.acquisition.gov/far/html/FARTOCP52.html https://www.acquisition.gov/agar/agar-part-452

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Table of Contents SECTION B – SCHEDULE OF ITEMS ______________________________________________________ 8

SECTION C – DESCRIPTION/SPECIFICATIONS ___________________________________________ 9

SECTION D – PACKAGING AND MARKING ______________________________________________ 14

SECTION E – INSPECTION AND ACCEPTANCE __________________________________________ 14

SECTION F – DELIVERIES OR PERFORMANCE __________________________________________ 16

SECTION G – CONTRACT ADMINISTRATION DATA _____________________________________ 17

SECTION H – SPECIAL CONTRACT REQUIREMENTS ____________________________________ 19

SECTION I– CONTACT CLAUSES _______________________________________________________ 21

SECTION J – LIST OF ATTACHMENTS __________________________________________________ 27

SECTION K – REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF

OFFERORS OR RESPONDENTS _________________________________________________________ 28

SECTION L – INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS ________________ 31

SECTION M – EVALUATION FACTORS FOR AWARD _____________________________________ 34

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SECTION B – SCHEDULE OF ITEMS

SEE ATTACHED SCHEDULE J-1 Section B

Notes:

1. The project Schedule of Items comprises several sections to organize the work into the applicable base line items.

2. Line Item No. 1 – Line Item No. 6 are subject to availability of funds.

3. Line Item No. 7 and No. 8 are optional line items that may not be exercised.

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SECTION C – DESCRIPTION/SPECIFICATIONS

C.1 SCOPE OF CONTRACT: The USDA Job Corps has a requirement to renovate 8 restrooms in two dormitories at the Great Onyx Job Corps Center.

C.2 DESCRIPTION OF WORK: The work requires, but may not be limited to:

Removal and Installation of:

1. Removal of floor and wall tile and installation of new wall tile installation of new wall tile, epoxy flooring, new countertops, lavatories, and plumbing fixtures.

2. Optional items include replacement of water closets (toilets) and urinals.

C.2.1 Performance of the Work The contractor is responsible for supplying all labor, materials (including freight and delivery), equipment, utilities, any applicable miscellaneous items, and necessary valid licenses and permits in accordance with the work specified herein and under applicable specifications. All work shall be conducted in a safe and expedient manner and in conformance with the specifications referenced herein and in Section J.

C.2.1.1. Examination. Before beginning work, examine areas and document existing conditions.

C.2.1.1.1 Proceed with installation only after unsatisfactory conditions have been corrected. Proceeding with the Work indicates acceptance of surfaces and conditions.

C.2.1.1.2 Field verify all new and existing dimensions affecting the work of this contract before ordering products.

C.2.1.1.3 Immediately on discovery of the need for clarification of the Contract Documents, submit a request for information to CO. Include a detailed description of problem encountered, together with recommendations for changing the Contract Documents.

C.2.1.1.4. Design changes will be considered if actual conditions in the field do not match existing available plans.

C.2.1.2. Installation.

C.2.1.2.1 Locate the Work and components of the Work accurately, in correct alignment and elevation to fit with existing construction.

C.2.1.2.2 Make vertical work plumb and make horizontal work level.

C.2.1.2.3 Install per manufacturer's written instructions and recommendations.

C.2.1.3. Use of Premises. Work hours for this project are between 0800 AM – 1630 PM, local time, Monday through Friday.

452.236-75 Maximum Workweek-Construction Schedule (NOV 1996) Within 3 calendar days after receipt of a written request from the Contracting Officer or Contracting Officer Representative, the Contractor must submit the following in writing for approval:

(a) A schedule (See Progress 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.

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Work hours for this project are between 0800 AM – 1630 PM, local time, Monday through Friday.

(End of clause)

C.2.1.3.1 The contractor shall confine construction operations to the immediate area of work as Government personnel and civilians may occupy the building during the project. Do not disturb portions of Project site beyond areas in which the Work is indicated.

C.2.1.3.2 Cooperate with Government during construction operations to minimize conflicts and facilitate Government usage. Perform the work so as not to interfere with Government's day-to-day operations.

C.2.1.3.3 Keep driveways, parking areas, loading areas and entrances to buildings clear and available to Government, Government's employees, and emergency vehicles at all times. Do not use these areas for parking or storage of materials.

Do not close or obstruct walkways, corridors, or other occupied or used facilities without written permission from Government and authorities having jurisdiction.

C.2.1.3.4 Sanitary facilities are not available for use by the Contractor. The contractor may provide necessary portable facilities for employees but shall ensure a plan is in place prior to the start of work to remedy where these matters can be taken care of.

C.2.1.4. Use of Utilities. Use of Government utilities will be permitted without metering and without payment of use charges, as long as facilities are cleaned and maintained in an acceptable condition. At Substantial Completion, restore these facilities to condition existing before initial use. The following are available for use by the contractor: water, and electrical power services. Telephone service is not available.

52.236-14 Availability and Use of Utility Services (APR 1984)

C.2.1.5. Staging Areas. Coordinate on-site staging and storage requirements with the Center Point of Contact and/or the Contracting Officer Representative (COR).

C.2.1.6. Construction Waste Disposal Facilities. Provide waste-collection containers in sizes adequate to handle waste from construction operations. Containerize and clearly label hazardous, dangerous, or unsanitary waste materials separately from other waste.

C.2.1.7. Work Restrictions. Smoking is not permitted within the buildings or within 25 feet (8 m) of entrances, operable windows, or outdoor air intakes.

C.2.1.8. Progress Cleaning.

C.2.1.8.1 Clean Project site and work areas daily, including common areas. Dispose of materials lawfully.

C.2.1.8.2 Comply with NFPA 241 requirements for removal of combustible waste materials and debris.

C.2.1.8.3 Do not hold materials more than 7 days during normal weather or 3 days if the temperature is expected to rise above 80 deg F (27 deg C) C.2.1.8.4 Burying or burning waste materials on-site will not be permitted. Washing waste materials down sewers or into waterways will not be permitted.

C.2.1.9. Protection of Installed Construction. Provide protection and maintain conditions that ensure installed Work does not get damaged or deteriorated prior to Substantial Completion.

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C.2.1.10. Correction of the Work. Repair or remove and replace defective construction. Restore damaged substrates and finishes.

C.2.1.10.1 Repairing includes replacing defective parts, refinishing damaged surfaces, touching up with matching materials, and properly adjusting operating equipment.

52.236-21 Specifications and Drawings for Construction (FEB 1997) 452.211-72 Statement of Work/Specifications (FEB 1988) 452.211-73 Attachments to Statement of Work/Specifications (FEB 1988)

C.3 LOCATION: This project is located at the Great Onyx Job Corps Center on 3115 Ollie Ridge Rd, Mammoth Cave, KY 42259 in Edmondson County.

C. 4 CONTRACT TIME/PERIOD OF PERFORMANCE:

The anticipated contract time will be 90 business days from the notice to proceed date, inclusive of optional items.

C.5 CONTRACT TYPE / PURCHASE ORDER AND DETAILS

Firm Fixed Price (FFP) Single Award (Only One Contractor for Performance) The contract vehicle is: Stand-Alone Contract

C.6 GOVERNMENT FURNISHED PROPERTY/MATERIAL

Any applicable Government Furnished Property/Material supplied, if applicable, will be so named in the specifications and or plans contained as part of this solicitation.

C.7 EQUIPMENT

All equipment shall be: in good repair, and capable of accomplishing assigned tasks in a safe and environmentally acceptable manner; be cleaned of earthen and vegetative materials that may contain weed seed and inspected prior to each use and/or delivery onto National Forest Lands; and approved in advance on a case-by-case basis by the CO for storage during active construction and/or maintenance periods. All repairs to equipment under this contract shall be made and paid for by the Contractor. The Contractor shall remove damaged equipment from service until repairs are made or equipment replaced. The Contractor is responsible for the protection of items stored on Government property, and shall ensure adequate safety measures are maintained at such sites.

C.8 PERSONNEL, PERMITS AND RESPONSIBILITIES

N/A

52.236-7 Permits and Responsibilities (NOV 1991)

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C.9 SAFETY

Reserved. See Section H.

C.10 BIOBASED / SUSTAINABLE PRODUCTS

The contractor must comply with the Agriculture Act of 2014; the Food, Conservation and Energy Act of 2008 (FCEA), 7 U.S.C. 8102; the Farm Security and Rural Investment Act of 2002 9FSRIA), 7 U.S.C. 8102; the Federal Acquisition Regulation; Executive Order (EO) 13514, “Federal Leadership in Environmental, Energy and Economic Performance”, dated October 2, 2009; EO 13423, “Strengthening Federal Environmental, Energy and Transportation Management”, dated January 24, 2007; and Presidential Memorandum, “Driving Innovation and Creating Jobs in Rural America through Biobased and Sustainable Product Procurement,” dated February, 2012 to provide biobased products. All supplies and materials shall be of a type and quantity that conform to applicable Federal specifications and standards, and to the extent feasible and reasonable; include the exclusive use of biobased and recycled products.

In the performance of this contract, the Contractor shall make maximum use of biobased oils and lubricants that are designated by the United States Department of Agriculture unless the product cannot be acquired: (1) Competitively within a time frame providing for compliance with the contract performance schedule; (2) meeting contract performance requirements; or (3) at a reasonable price. Information about these products is available at http://sftool.gov/green-products/1/construction-materials.

The Federal Acquisition Regulation (FAR) requires Contractors to report the purchase of biobased products under service and construction contracts during the previous Government fiscal year (October 1 thru September 30) and to submit this report no later than October 31 of each year during contract performance and at the end of contract performance (as applicable). Information about this requirement is available at https://www.biopreferred.gov/BioPreferred/faces/catalog/Catalog.xhtml#.

C.11 DEFINITIONS

Administrative Contracting Officer (ACO) - The ACO has authority for the administration of the contract and will handle all matters beyond the authority of the COR. Generally, this includes the day-to-day administration of the contract, except for matters pertaining to changes in contract price and time.

Center Contact The Center Contact is the facility contact person, responsible for answering site specific and facility questions. This person has on contractual authority and does not answer questions about any of the contract documents contained herein.

Contracting Officer (CO) Has full authority for the administration of the contract and will personally handle all matters beyond the authority of the ACO and COR. Contracting Officers are agents of the Government and are the only officials authorized to enter into any contract or agreement that binds the Government. If you are asked to perform additional work, or make changes not specified in the contract, DO NOT perform the work but immediately notify the Contracting Officer. A Contracting Officer holds a legal warrant, which is a designation of authority to bind the Government.

Contracting Officer’s Representative (COR) The Contracting Officer’s Representative (COR) is the person most responsible for technical advice. The COR is also responsible for maintaining property records, outlining work, material approvals, inspecting work in progress, estimating completed work for partial or progress payments, and conducting pre-final and final inspections. In addition the COR oversees administrative matters (e.g., submittals, etc.). Also ensures elements of contract requirements are met in accordance with terms and conditions. The COR is NOT authorized to direct changes or bind the Government to any contractual agreement. NOTE: Designation form FS-6300-6 outlines functions the COR cannot perform.

http://sftool.gov/green-products/1/construction-materials http://sftool.gov/green-products/1/construction-materials https://www.biopreferred.gov/BioPreferred/faces/catalog/Catalog.xhtml

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Inspector(s) An Inspector may be assigned to the contract by the CO and is authorized to inspect the progress of work and certify completion on behalf of the COR. The inspector is the most likely person to coordinate with on matters involving conduct of work within the scope of the contract. If a disagreement or dispute arises, the contracting officer must be notified immediately for resolution of such issues. Contractor will receive a copy of the inspection designation (form R6-6320-32, or equivalent). Copies will be distributed.

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SECTION D – PACKAGING AND MARKING

RESERVED. For this Solicitation, there are NO clauses in this Section

SECTION E – INSPECTION AND ACCEPTANCE

E.1 GENERAL

All work shall be conducted under the general direction of the Contracting Officer, overseen and approved by the Contracting Officer Representative (COR) and is subject to Government inspection and testing at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

52.246-1 Contractor Inspection Requirements (APR 1984) 52.246-12 Inspection of Construction (AUG 1996) 52.246-13 Inspection – Dismantling, Demolition or Removal of Improvements (AUG 1996) 52.246-21 Warranty of Construction (MAR 1994)

452.246-70 Inspection and Acceptance (FEB 1988)

(a) The Contracting Officer or the Contracting Officer's duly authorized representative will inspect and accept the supplies and/or services to be provided under this contract.

(b) Inspection and acceptance will be performed at date and time agreed upon between the COR, TBD) and the Contractor.

(End of clause)

E.2 CLOSEOUT PROCEDURES

E.2.1. Substantial and Final Completion. Definition of Substantial Completion: The Date certified by the COR when construction is sufficiently complete, in accordance with the Contract Documents, so the Government can occupy or utilize the Work or designated portion thereof for the use for which it is intended, as expressed in the Contract Documents.

E.2.1.1. Submit specific warranties, final certifications, and similar documents.

E.2.1.2. Deliver tools, spare parts, extra materials, and similar items to location designated by Government. Label with manufacturer's name and model number where applicable.

E.2.1.3. Complete startup testing of systems.

E.2.2. Supplemental Inspection. Submit a request to COR for inspection for Substantial Completion. COR will prepare the Certificate of Substantial Completion after inspection or will notify Contractor of items, either on Contractor's list or additional items identified by CO, that must be completed or corrected before certificate will be issued.

E.2.2.1. Re-inspection. Request re-inspection when the Work identified in previous inspections as incomplete is completed or corrected.

E.2.3. List of Incomplete Items (Punch List). Submit copies of list. Include name and identification of each space and area affected by construction operations for incomplete items and items needing correction including, if necessary, areas disturbed by Contractor that are outside the limits of construction.

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E.2.4. Final Cleaning. Provide final cleaning. Conduct cleaning and waste-removal operations to comply with local laws and ordinances and Federal and local environmental and antipollution regulations.

E.2.4.1. Flush and disinfect waterlines per state requirements prior to returning lines to service.

E.2.4.2. Complete the following cleaning operations before requesting inspection for certification of Substantial Completion for entire Project or for a portion of Project:

E.2.4.2.1 Clean Project site, yard, and grounds, in areas disturbed by construction activities, including landscape development areas, of rubbish, waste material, litter, and other foreign substances.

E.2.4.2.2 Remove tools, construction equipment, machinery, and surplus material from Project site.

E.2.4.3.3 Touch up and otherwise repair and restore marred, exposed finishes and surfaces. Replace finishes and surfaces that cannot be satisfactorily repaired or restored or that already show evidence of repair or restoration.

E.2.4.3. Remove waste materials from Project site and dispose of lawfully.

E.3 FINAL INSPECTION

A walk-thru inspection shall be scheduled PRIOR to the final inspection so major discrepancies found can be corrected prior to the scheduled completion date. The Contractor shall schedule the final inspection by contacting the COR in advance of the contract completion date.

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

* The Contracting Officer shall specify either a number of days after the date the contractor receives the notice to proceed, or a calendar date.

(End of clause)

52.242-14 Suspension of Work (APR 1984)

452.211-74 Period of Performance (FEB 1988) The period of performance of this contract is from 90 days after the notice to proceed.

452.211-75 Effective Period of the Contract (FEB 1988) The effective period of this contract is 90 business days from the Notice to Proceed Effective Date.

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SECTION G – CONTRACT ADMINISTRATION DATA

G.1 INVOICES & PAYMENTS

G.1.1 Invoices The "Submit Invoice-to" address for USDA orders is the Department of Treasury's Invoice Processing Platform (IPP).

This is a mandatory requirement initiated by the U.S. Department of Treasury and you can find more information at this website https://www.ipp.gov/index.htm Ensure your company has registered at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish your account. Offeror must have an established account prior to commencement of work.

Invoice Processing Platform (IPP) does not allow for the contractor to change the description of the line items being invoiced against and therefore an itemized invoice must be uploaded as an attachment(s). If the itemized invoice has not been reviewed and approved by the COR, the IPP payment request will be rejected. Please follow the minimum requirements to ensure a successful payment process.

IPP Invoice shall have the following areas completed at a minimum:

Invoice Number Invoice Date Bill Period Start Date Bill Period End Date Supplier Contact Name Supplier Contact Phone Contract Number

Itemized invoice shall include at a minimum:

Contractor Name & Address Contract number Invoice Number Description of Services or work completed.

Date of services or completion.

G.1.1.1. Certified Payrolls for Construction. Certified payrolls must also be uploaded as an attachment.

Contractor and all subcontractors, through the contractor, shall furnish all certified payrolls covering payments to laborers and mechanics for on-site work.

G.1.2 Payments Payments will be made from the Contractor’s invoice(s). All invoices are to be submitted via the electronic Invoice Processing Platform (IPP) System. The "Submit Invoice-to" address for USDA orders is the Department of Treasury's Invoice Processing Platform (IPP). The contractor must follow the instructions on how to register and submit invoices via IPP as prescribed in previous communications from USDA and Treasury

G.1.2.1. Final Payment. Following completion and acceptance of the work (including return of Government-furnished property and site cleanup), Final payment will made within 30 calendar days after presentation of a properly executed invoice and if required by the contract, a release of all claims against the Government, other than claims arising under this contracted, in stated amounts, which the Contractor specifically accepts from the operation of the release.

52.232-5 Payments under Fixed-Price Construction Contracts (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)

G.2 JOB CORPS REPRESENTATIVES

Jennifer McCord shall serve as the signing Contracting Officer (CO) for this contract/purchase order and is the contact/approval authority on all things concerning this contract. For questions or any other administrative concerns contact the contract specialist Brad Higley at bradley.higley@usda.gov.

https://www.ipp.gov/index.htm https://www.ipp.gov/vendors/enrollment-vendors.htm mailto:bradley.higley@usda.gov

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The Center Contact is Emanuel Lawler, reachable at emmanuel.m.lawler@usda.gov or 270-286-1028. The contractor will work directly with Mr. Lawler in accessing the site to perform this work. Any questions that could alter the scope or specifications for this work must be reviewed by the COR and approved by the CO.

G.3 CONTRACT ADMINISTRATION DATA

Contract Award: A written award or acceptance of offer mailed or otherwise furnished to the Contractor shall result in a binding contract without further action by either party.

Notice to Proceed. The Contractor shall commence work upon receipt of a properly executed Notice to Proceed.

Changes: The Contracting Officer is the only person authorized to approve changes in any of the requirements under this contract and notwithstanding any provisions contained elsewhere in this contract the said authority remains solely with the Contracting Officer. In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof.

Unauthorized Instructions from Government or Other Personnel: The Contractor shall not accept instructions issued by any person employed by the U.S. Government or otherwise other than the Contracting Officer, or the authorized representative of the Contracting Officer acting within the limits of his/her authority.

Designation of Contracting Officer’s Representative (COR): Designation will be made upon contract issuance of the contract and a copy of the designation letter will be furnished to the Contractor. Limits of authority are described in each designation letter.

Designation of Authorized Representative of the Contractor: The Contractor shall assign a member or employee who will act as Project Manager during the course of this contract or during the course of this project. The official shall be responsible for affording liaison between the contract forces and the contracting offices. This designation shall be in writing and a copy furnished to the Contracting Officer.

Contract Release: The following supplements the Payments clause in Section I: Before final payment will be made the Contractor shall sign a release of all claims against the Government arising by virtue of this contract, other than claims, in stated amounts, that the Contractor has specifically accepted from the operation of the release. A release may also be required of the assignee if the Contractor's claim to amounts payable under this contract has been assigned under the Assignment of Claims Act of 1940 (31 U.S.C. 3727 and 41 U.S.C. 15).

452.215-73 Postaward Conference (NOV 1996)

(a) A post award conference with the successful offeror is required.

(b) It will be scheduled with the awarded contractor after the date of contract award at a date/time agreed upon between the COR, CO and Contractor. The Contractor shall attend a meeting to discuss the contract terms, work performance requirements, and safety. Also at this meeting, such items as work progress schedule, quality control, worksite plan, and fire prevention plans shall be finalized in writing.

(c) The conference will be held via teleconference.

(End of Clause)

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SECTION H – SPECIAL CONTRACT REQUIREMENTS

452.237-74 Key Personnel. (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel: Contractor Representative, Foreman

(b) During the first fifteen (15) calendar days of the contract award date, 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 3 business days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 15-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 5 business 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 10 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.

H.1 FIRE PREVENTION

The Contractor shall immediately notify the Government of any fires sighted on or in the vicinity of the work site. The Contractor may be held liable for all damages and for all costs incurred by the Government for labor, subsistence, equipment, supplies, and transportation deemed necessary to control or suppress a fire set or caused by the Contractor or the Contractor's agents or employees. All other actions will be in accordance with the fire plan included in Section J of this solicitation.

H.1.1 Fire Protection.

H.1.1.1. Store combustible materials in containers in fire-safe locations.

H.1.1.2. Maintain unobstructed access to fire extinguishers, fire hydrants, fire-protection facilities, stairways, and other access routes for firefighting. Prohibit smoking in hazardous fire-exposure areas.

H.1.1.3. Supervise welding operations, combustion-type temporary heating units, and similar sources of fire ignition.

H.2 SAFETY

H.2.1. OSHA. All work related to this project shall be done in accordance with all applicable OSHA and State of Kentucky regulations.

The Contractor is subject to all applicable State and Federal OSHA rules and regulations. The contractor shall have available upon request, the Material Safety Data Sheets (MSDS) with the intended use of each of the solutions the contractor proposes to use in the performance of work. The contractor shall not use any materials in which the CO determines to be unsuitable for the work or harmful to the surfaces it is intended to be applied to. This does not relieve the contractor of any damages resulting from the application of such materials. All containers used shall be clearly marked with manufacturer, type of chemical and intended usage. Mixing of chemicals is not allowed.

52.236-13 Accident Prevention (NOV 1991)

H.2.2. Environmental Protection.

Contractor shall provide protection, operate temporary facilities, and conduct construction in ways and by methods that comply with environmental regulations and that minimize possible air, waterway, and subsoil contamination or pollution or other undesirable effects.

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H.2.2.1. Barricades, Warning Signs and Lights. Comply with the national or state Manual on Uniform Traffic Control Devices (MUTCD) for erecting structurally adequate barricades, paint with appropriate colors, graphics, and warning signs/lights to inform personnel and public of possible hazard.

H.3 SECURITY

The center is not accessible to the public during Government shutdown or shelter-in-place operations. The Contractor shall contact the Center Contact, Mr. Lawler, by phone each work day to arrange access prior to the start of work. The Center contact will unlock/lock doors as required and grant the contractor access to areas specifically required for the performance of work in Section C as needed. As specified in Section C, the contractor is only allowed access to specific areas related to and necessary for the performance of this work.

This site ☐ is / ☒ is not secured. It ☐ is / ☒ is not in use by and open to the public during the COVID Shelter-in-Place.

Should the shelter-in-place conditions be lifted for the stated location, the contractor will be made aware. Contractor shall protect work and materials accordingly.

H.4 CAMPING

Camping on the premises ☐ is / ☒ is not authorized for this contract.

H.5 PRE-WORK CONFERENCE

52.236-26 Preconstruction Conference (FEB 1995) See Section G, 452.215-73, Post Award Conference, for details.

H.6 WAGE DETERMINATIONS

The applicable Wage Determination(s) for this solicitation/contract work:

General Decision Number: KY20200099 08/14/2020, Building

H.7 SPECIAL CONSIDERATIONS

H.7.1. Personnel Access to Construction Site Location(s). Contractor may coordinate with Center Contact to arrange temporary redirection of personnel access as available and/or applicable. Redirection is not automatic and must be agreed to by the Center Contact and COR.

H.7.2. Bonding – There ☒is / ☐is not a bonding requirement for the base award of this contract. Should the optional item be exercised, bonding will be required.

If bonding is required, bids requiring a bond, refer to FAR 28.101-2. Bids are required to have payment bonds 20% of the bid price. If awarded, the performance and payment bonds are 100% of the award amount. This information is also in accordance with FAR 52.228-1.

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SECTION I– CONTRACT CLAUSES

FAR/AGAR

Contract Clause No. Contract Clause Title, Description (when applicable) and Effective Date 52.202-1 Definitions (NOV 2013) 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 (June 2020) 52.203-7 Anti-Kickback Procedures (MAY 2014) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (MAY 2014) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (MAY 2014) 52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (SEP 2007) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (June 2020) 52.203-14 Display of Hotline Poster(s) (OCT 2015) 52.203-15 Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (JUN 2010) 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower

Rights (June 2020) 52.204-7 System for Award Management (OCT 2018) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (OCT 2018) 52.204-13 System of Award Maintenance (OCT 2018) 52.204-16 Commercial and Government Entity Code Reporting (JUL 2016) 52.204-18 Commercial and Government Entity Code Maintenance (JUL 2016) 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014) 52.204-22 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky

Lab and Other Covered Entities (JUL 2018) 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky

Lab and Other Covered Entities (JUL 2018) 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment

(AUG 2020)

52.204-25 Prohibition of Contracting for Certain Telecomunications and Video Surveillance Services or Equipment

(AUG 2020)

52.204-26 Covered telecommunications Equipment or Services—Representation (DEC 2019) 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended or

Proposed for Debarment (OCT 2015) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015) 52.211-5 Material Requirements (AUG 2000) 52.211-18 Variation in Estimated Quantity (APR 1984) 52.215-8 Order of Precedence-Uniform Contract Format (OCT 1997) 52.217-5 Evaluation of Options (JULY 1990) 52.217-9 Option to Extend the Term of the Contract (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within before the contract performance end date; provided that the Government gives the Contractor a preliminary written notice of its intent to extend before the contract expires. The preliminary notice does not commit the Government to an extension.

(b)If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed

90 calendar days.

(End of clause)

52.219-6 Notice of Total Small Business Set-Aside (NOV 2011) 52.219-8 Utilization of Small Business Concerns

52.222-3 Convict Labor. (JUN 2003) 52.222-4 Contract Work Hours and Safety Standards - Overtime Compensation. (MAR 2018) 52.222-6 Construction Wage Rate Requirements (JAN 2017) 52.222-7 Withholding of Funds (MAY 2014) 52.222-8 Payrolls and Basic Records (AUG 2018)

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52.222-9 Apprentices and Trainees. (JUL 2005)

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Contract Clause No. Contract Clause Title, Description (when applicable) and Effective Date 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) 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for

Construction (FEB 1999)

(a) The offeror’s attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor’s aggregate workforce in each trade on all construction work in the covered area, are as follows:

Goals for Minority Participation for Each Trade Goals for Female Participation for Each Trade 6.6% 6.9%

These goals are applicable to all the Contractor’s construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c) The Contractor’s compliance with Executive Order11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled “Affirmative Action Compliance Requirements for Construction,” and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor’s goals shall be a violation of the contract, Executive Order11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the-

(1) Name, address, and telephone number of the subcontractor;

(2) Employer’s identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the “covered area” is

State County City Kentucky Edmonson Mammoth Cave

(End of provision)

52.222-26 Equal Opportunity (SEPT 2016) 52.222-27 Affirmative Action Compliance Requirements for Construction (Apr 2015) 52.222-35 Equal Opportunity for Veterans. (OCT 2015) 52.222-36 Equal Opportunity for Workers with Disabilities. (JUL 2014) 52.222-37 Employment Reports on Veterans. (FEB 2016) 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) 52.222-50 Combating Trafficking in Persons (JAN 2019) 52.222-54 Employment Eligibility Verification. (OCT 2015) 52.222-55 Minimum Wages Under Executive Order 13658 (DEC 2015)

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Contract Clause No. Contract Clause Title, Description (when applicable) and Effective Date 52.223-1 Biobased Product Certification. (MAY 2012) 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts. (SEP 2013) 52.223-5 Pollution Prevention and Right-to-Know Information. (MAY 2011) 52.223-6 Drug-Free Workplace. (MAY 2001) 52.223-9 Estimate of Percentage of Recovered Material Content for EPA-Designated Items. (May 2008) 52.223-15 Energy Efficiency in Energy-Consuming Products (DEC 2007) 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. (AUG 2011) 52.225-9 Buy American – Construction Materials (MAY 2014)

(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 FAR 2.101);

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

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

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

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

“Cost of components means”-

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

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

“Domestic construction material” means- (1)An unmanufactured construction material mined or produced in the United States;

(2)A construction material manufactured in the United States, if-

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 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; or

(ii) The construction material is a COTS item.

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

“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 component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

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

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

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

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 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 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/12505-applicability-certain-laws-contracts-acquisition-cots-items#i1112949

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(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:

(End of Clause)

Foreign and Domestic Construction Materials Price Comparison Item No. Construction Material Description Unit of Measure Quantity Price

(Dollars)*

Foreign Construction Material

Domestic Construction Material

Foreign Construction Material

Domestic Construction Material

Foreign Construction Material

Domestic Construction Material

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.] [Include other applicable supporting information.] [* Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).]

52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008) 52.228-15 Performance and Payment Bonds—Construction (JUN 2020) 52.228-12 Prospective Subcontractor Requests for Bonds (MAY 2014) 52.232-18 Availability of Funds (APR 1984) 52.232-23 Assignment of Claims (MAY 2014) 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013)

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Contract Clause No. Contract Clause Title, Description (when applicable) and Effective Date 52.233-1 Disputes (MAY 2014) 52.233-3 Protest After Award (AUG 1996)

Alternate I (JUN 1985) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) 52.236-2 Differing Site Conditions (APR 1984) 52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984)

(a) The Contractor acknowledges that it has taken steps reasonably necessary to ascertain the nature and location of the work, and that it has investigated and satisfied itself as to the general and local conditions which can affect the work or its cost, including but not limited to (1) conditions bearing upon transportation, disposal, handling, and storage of materials; (2) the availability of labor, water, electric power, and roads; (3) uncertainties of weather, river stages, tides, or similar physical conditions at the site; (4) the conformation and conditions of the ground; and (5) the character of equipment and facilities needed preliminary to and during work performance.