1305M220QNWWR0224.pdf

PDF 725 KB Posted Jul 8, 2020

Attached to: DTX Asphalt Road
Solicitation number: 1305M220QNWWR0224
Issued by: Department of Commerce National Oceanic and Atmospheric Administration

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Other files

File	Type	Posted
DTX-SOW- RDA Asphalt Replacement 5-11-2020.pdf	PDF	Jul 8, 2020
Attachment A - DTX-RDA Drawing.pdf	PDF	Jul 7, 2020
DTX-SOW- RDA Asphalt Replacement 5-11-2020.pdf	PDF	Jul 7, 2020
1305M220QNWWR0224.pdf	PDF	Jul 7, 2020
DBA WD Oakland County.pdf	PDF	Jul 7, 2020

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SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair) IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

9. FOR INFORMATION

CALL:

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

SOLICITATION

1. SOLICITATION NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

CODE

6. PROJECT NUMBER

8. ADDRESS OFFER TO

4. CONTRACT NUMBER

7. ISSUED BY

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)

11. The contractor shall begin performance within

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES", indicate within how many calendar days after award in Item 12b.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and

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.

d. Offers providing less than calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

is, is not required.

local time containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes copies to perform the work required are due at the place specified in Item 8 by (hour) award, YES NO notice to proceed. This performance period is mandatory negotiable.

calendar days and complete it within calendar days after receiving

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

12b. CALENDAR DAYS

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED PAGE OF PAGES

See Attached

STANDARD FORM 1442 (REV. )

Prescribed by GSA - FAR (48 CFR) 53.236-1(d)

1305M220QNWWR0224

NOAA/AGO/EAD

601 E 12TH STREET

ROOM 1734

KANSAS CITY MO 64106

NOAA/AGO/EAD

601 E 12TH STREET

ROOM 1734

KANSAS CITY MO 64106

NWWR9954-20-00243

AJ830023

ALEX WILLIAMS 816-426-7531 ALEX.WILLIAMS@NOAA.GOV

1 58

JUL 23, 2020

2:00 PM CT

AJ830023

8/2014

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 calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement by the Government in writing within stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

OFFER (Must be fully completed by offeror)

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT

NUMBER

DATE.

AWARD (To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

CODE FACILITY CODE

15. TELEPHONE NO. (Include area code)

16. REMITTANCE ADDRESS (Include only if different than Item 14.)

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print)

21. ITEMS ACCEPTED:

22. AMOUNT

26. ADMINISTERED BY

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print)

31c. DATE31b. UNITED STATES OF AMERICA

31a. NAME OF CONTRACTING OFFICER (Type or print)

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30b. SIGNATURE 30c. DATE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return 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.) Contractor agrees to furnish

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

23. ACCOUNTING AND APPROPRIATION DATA

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

27. PAYMENT WILL BE MADE BY

10 U.S.C. 2304(c) ( )

20b. SIGNATURE 20c. OFFER DATE

STANDARD FORM 1442 (REV. ) BACK1305M220QNWWR0224

8/2014

SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Remove and install new asphalt road on RDA access road for the NWS in White Lake, MI.

NAICS CODE: 237310 (Highway, Street, and Bridge Construction - including asphalt paving) with an applicable size standard of $39.5m. The corresponding Product Service Code (PSC) is Y1LB.

This Request for Quote (RFQ) is 100% set aside for small businesses.

FAR 36.204 - DISCLOSURE OF THE MAGNITUDE OF

THE CONSTRUCTION PROJECT: The magnitude of this project is between $25,000 and $100,000

FAR 28.102-1(b): The Contracting Officer has selected the two following payment protections: a payment bond;

or an irrevocable letter of credit (ILC).

Davis-Bacon Wage Determination # MI20200001 (Modification 7, dated July 2, 2020) is applicable to this solicitation.

The Government intends to award a Firm Fixed-Price purchase order in accordance with the procedures of FAR Parts 13 (Simplified Acquisition Procedures) and 36 (Construction and Architect-Engineer Contracts).

The quoter shall provide pricing on a firm fixed price basis, inclusive of all costs.

The Government Point of Contact (GCP) for this project is David Ginnett who can be reached at David.Ginnett@noaa.gov or 816-728-6302. Any vendor interested in scheduling a site visit must contact and receive approval from David Ginnett at least 24 hours in advance.

INVOICING: All invoices shall be submitted via email to David Ginnett at David.Ginnett@noaa.gov with a copy to the Contracting Officer

0001 CONTRACTOR SHALL PROVIDE ALL PERSONNEL,

TOOLS, MATERIALS, LABOR, EQUIPMENT, AND

SUPERVISION TO COMPLETE THE REPLACEMENT

AND INSTALLATION OF THE ASPHALT ROAD

BEHIND THE WEATHER FORECAST

OFFICE LOCATED IN WHITE LAKE, MI IN

ACCORDANCE WITH THE TERMS AND CONDITIONS

CONTAINED HEREIN, THE ATTACHED STATEMENT

OF WORK, DRAWING, AND APPLICABLE WAGE

DETERMINATION.

1.00 JB

PAGE 3 OF 58 1305M220QNWWR0224

Table of Contents

STATEMENT OF WORK

ATTACHMENT A - DRAWING

INSTRUCTION FOR SUBMITTING QUOTES

EVALUATION CRITERIA

SUBMISSION OF INVOICES

SCHEDULE OF DELIVERABLES

52.204-13SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MANAGEMENT (JUL 2016)

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)

52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS (NOV 2015)

52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (MAR 2020)

52.219-28POST-AWARD SMALL BUSINESS PROGRAM REPRESENTATION (MAY 2020)

52.222-6 CONSTRUCTION WAGE RATE REQUIREMENTS (AUG 2018)

52.222-7 WITHHOLDING OF FUNDS (MAY 2014)

52.222-8 PAYROLLS AND BASIC RECORDS (AUG 2018)

52.222-9 APPRENTICES AND TRAINEES (JUL 2005)

52.222-10 COMPLIANCE WITH COPELAND ACT REQUIREMENTS (FEB 1988)

52.222-11 SUBCONTRACTS (LABOR STANDARDS) (MAY 2014)

52.222-12 CONTRACT TERMINATION--DEBARMENT (MAY 2014)

52.222-13 COMPLIANCE WITH CONSTRUCTION WAGE RATE REQUIREMENTS AND RELATED REGULATIONS (MAY 2014)

52.222-14 DISPUTES CONCERNING LABOR STANDARDS (FEB 1988)

52.222-15 CERTIFICATION OF ELIGIBILITY (MAY 2104)

52.222-27 AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR CONSTRUCTION (APR 2015)

52.222-50 COMBATING TRAFFICKING IN PERSONS (JAN 2019)

52.222-55 MINIMUM WAGES UNDER EXECUTIVE ORDER 13658 (DEC 2015)

52.222-62 PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706 (JAN 2017)

52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND CONSTRUCTION CONTRACTS (SEP

2013)

52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (MAY 2011)

52.223-17 AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED ITEMS IN SERVICE AND CONSTRUCTION CONTRACTS (AUG

2018)

52.223-18ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (JUN 2020)

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008)

52.227-4 PATENT INDEMNITY--CONSTRUCTION CONTRACTS (DEC 2007)

52.228-2 ADDITIONAL BOND SECURITY (OCT 1997)

52.228-12 PROSPECTIVE SUBCONTRACTOR REQUESTS FOR BONDS (MAY 2014)

52.228-14 IRREVOCABLE LETTER OF CREDIT (NOV 2014)

52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (MAY 2014)

52.232-23 ASSIGNMENT OF CLAIMS (MAY 2014)

52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (JAN 2017)

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER--SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

52.236-2 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)

52.236-9 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS (APR

1984)

52.236-10 OPERATIONS AND STORAGE AREAS (APR 1984)

52.236-12 CLEANING UP (APR 1984)

52.236-13 ACCIDENT PREVENTION (NOV 1991)

PAGE 4 OF 58 1305M220QNWWR0224

Table of Contents

52.236-17 LAYOUT OF WORK (APR 1984)

52.236-26 PRECONSTRUCTION CONFERENCE (FEB 1995)

52.242-14 SUSPENSION OF WORK (APR 1984)

52.243-5 CHANGES AND CHANGED CONDITIONS (APR 1984)

52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

52.246-21 WARRANTY OF CONSTRUCTION (MAR 1994)

52.249-1 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (SHORT FORM) (APR 1984)

52.249-10 DEFAULT (FIXED-PRICE CONSTRUCTION) (APR 1984)

1352.201-70 CONTRACTING OFFICER´s AUTHORITY (APR 2010)

1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)

1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

52.213-4 - TERMS AND CONDITIONS - SAP

52.225-9 BUY AMERICAN--CONSTRUCTION MATERIALS (MAY 2014)

52.228-11 PLEDGES OF ASSETS (APR 2020 DEVIATION)

52.228-13 ALTERNATIVE PAYMENT PROTECTIONS (JUL 2000)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

1352.228-70 INSURANCE COVERAGE (APR 2010)

1352.237-75 KEY PERSONNEL (APR 2010)

1352.246-70 PLACE OF ACCEPTANCE (APR 2010)

1330-52.243-70REQUESTS FOR EQUITABLE ADJUSTMENT (OCT 2017)

1330-52.270-304NOAA ACQUISITION AND GRANTS OFFICE OMBUDSMAN (OCT 2016)

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL 2016)

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2020)

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

52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR

CONSTRUCTION (FEB 1999)

52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT--CONSTRUCTION MATERIALS (MAY 2014)

52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995)

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

1352.215-72 INQUIRIES (APR 2010)

1352.233-70 AGENCY PROTESTS (APR 2010)

1352.233-71 GAO AND COURT OF FEDERAL CLAIMS PROTESTS (APR 2010)

DAVIS BACON WD - OAKLAND COUNTY, MI

PAGE 5 OF 58 1305M220QNWWR0224

CLAUSES

STATEMENT OF WORK

PAGE 6 OF 58 1305M220QNWWR0224

PAGE 7 OF 58 1305M220QNWWR0224

ATTACHMENT A - DRAWING

PAGE 8 OF 58 1305M220QNWWR0224

4"8"

E C O

ASPH

ALT C

N C

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EPAR

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1'1" 2%

SLO

FIN

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ALE 1 1/2" = 1'-0"

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VER

ALL SITE PLAN

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SITE

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ALE 1" = 10'-0"

ESS R

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SITE

PAR

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(TYPICAL)

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INSTRUCTION FOR SUBMITTING QUOTES

1352.213-71 INSTRUCTIONS FOR SUBMITTING QUOTES

1) GENERAL QUOTE INFORMATION

Quotes shall conform to the Request for Quote Terms and Conditions and be prepared in accordance with the guidelines of this section.

2) GENERAL QUOTE SUMISSION INSTRUCTIONS

a. Quoters shall email their quote by the closing date and time listed in Box 13a. of the SF 1442 to alex.williams@noaa.gov. Quoters must confirm receipt of their email quote.

b. General Content should include;

- Evidence of a current System Award Management (SAM) registration documenting size status and other socioeconomic qualifications (https://www.sam.gov);

- Evidence of financial responsibility, capacity, and capability to perform the project (i.e. income statements or bank letter);

- Documents that are proof/evidence that shows the Quoter has all of the applicable licenses as required through local ordinances, under State and Federal laws for the performance of work under any order that may result from the Request for Quote; and

- Submit quote on the Standard Form (SF) 1442

- DUNS number and associated CAGE code

c. Technical Content should include:

- Technical Experience. This section shall contain the Quoter’s experience in performing the same or similar type work. Quote shall include a description of the project; location of project; dollar value of project; name of Project Manager and Site Superintendent.

Quoter shall identify a minimum of two (2), maximum of five (5) projects similar in scope and magnitude to the requirements identified in the SOW.

- Key Personnel. Identify Project Manager and Site Superintendent that will be assigned to the project. Fill in clause 1352.237-75, KEY PERSONNEL

d. Past Performance should include:

- Contact information for references on a minimum of two, maximum five projects identified under Technical Experience. Contact information shall include, the name, address, phone number, and email address for each point of contact.

In addition to contacting the references, the Government reserves the right to consider information obtained from sources other than those provided by the Quoter.

e. Price Quote shall include:

- A price breakdown of materials, labor, overhead, and profit, including but not limited to the following:

a. Demolition;

b. Labor;

c. Materials;

d. Equiptment;

e. Subcontracts (if applicable);

f. Total Price;

3) INQUIRIES

All technical questions concerning this requirement must be submitted by email to alex.williams@noaa.gov no later than five calendar days after the issuance date of this Request for Quotation.

EVALUATION CRITERIA

1352-213.70 EVALUATION USING SIMPLIFIED ACQUISITION PROCEDURES (APR 2010)

The Government will issue an order resulting from this Request for Quotation to the responsible quoter whose quotation results in the best value to the Government, considering both price and non-price factors.

The following factors will be used to evaluate quotations:

PAGE 9 OF 58 1305M220QNWWR0224

NON-PRICE FACTORS (Technical Experience and Past Performance) when combined are equally as important as PRICE.

1. Technical Experience The quoter shall demonstrate relevant experience and demonstrate the extent and depth of its technical knowledge of, understanding of, and approach to the requirements identified in the SOW.

2. Past Performance The quoter's past performance on related contracts will be evaluated to determine, as appropriate;

relevancy, successful performance of contract requirements, quality and timeliness, of delivery of goods and services, cost management, communications between contracting parties, proactive management, and customer satisfaction.

In addition to contacting the references, the Government reserves the right to consider information obtained from sources other than those provided by the Quoter.

3. Price NOAA will evaluate the quoter's proposed prices for fairness and reasonableness in relation to this RFQ's requirements.

(End of provision)

SUBMISSION OF INVOICES

The contractor shall prepare and submit an invoice to the Government Contact Point with a copy to the Contracting Officer. Invoices shall be submitted in accordance with this clause and Federal Acquisition Regulation clause 52.232-5, entitled “Payments Under Fixed-Price Construction Contracts:

and clause number 52.232-27, entitled “Prompt Payment for Construction Contracts” referenced elsewhere herein.

To constitute a proper invoice, the document must include the items listed in paragraphs (1) through

(7) of this section. If the invoice does not comply with these requirements, it will be returned within 7 days after the date the designated office received the invoice with a statement of the reasons why it is not a proper invoice.

1) Name and address of the contractor;

2) Invoice date (Contractors are encouraged to date invoices as close to the mailing date as possible);

3) Contract or Purchase Order Number and Line Item Number ;

4) Description of services performed;

5) Contractors are strongly encouraged to assign a sequential invoice number system;

6) Name, title, phone number and mailing address of person to be notified in the event of a defective invoice; and

7) Certification that Subcontractors working on the project have been paid per Federal Acquisition Regulation 52.232-5(c).

PAGE 10 OF 58 1305M220QNWWR0224

SCHEDULE OF DELIVERABLES

PAGE 11 OF 58 1305M220QNWWR0224

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

(Reference 52.204-13)

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MANAGEMENT (JUL 2016)

(Reference 52.204-18)

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014) (Reference 52.204-19)

52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS (NOV 2015) (Reference 52.209-10)

52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (MAR 2020)

(Reference 52.219-6)

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REPRESENTATION (MAY 2020)

(Reference 52.219-28)

52.222-6 CONSTRUCTION WAGE RATE REQUIREMENTS (AUG 2018)

(Reference 52.222-6)

52.222-7 WITHHOLDING OF FUNDS (MAY 2014)

(Reference 52.222-7)

52.222-8 PAYROLLS AND BASIC RECORDS (AUG 2018)

(Reference 52.222-8)

52.222-9 APPRENTICES AND TRAINEES (JUL 2005)

(Reference 52.222-9)

52.222-10 COMPLIANCE WITH COPELAND ACT REQUIREMENTS (FEB 1988)

(Reference 52.222-10)

52.222-11 SUBCONTRACTS (LABOR STANDARDS) (MAY 2014)

(Reference 52.222-11)

52.222-12 CONTRACT TERMINATION--DEBARMENT (MAY 2014)

(Reference 52.222-12)

52.222-13 COMPLIANCE WITH CONSTRUCTION WAGE RATE REQUIREMENTS AND RELATED REGULATIONS (MAY 2014) (Reference 52.222-13)

52.222-14 DISPUTES CONCERNING LABOR STANDARDS (FEB 1988)

(Reference 52.222-14)

52.222-15 CERTIFICATION OF ELIGIBILITY (MAY 2104)

(Reference 52.222-15)

52.222-27 AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR CONSTRUCTION (APR 2015)

(Reference 52.222-27)

52.222-50 COMBATING TRAFFICKING IN PERSONS (JAN 2019)

(Reference 52.222-50)

52.222-55 MINIMUM WAGES UNDER EXECUTIVE ORDER 13658 (DEC 2015)

(Reference 52.222-55)

52.222-62 PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706 (JAN 2017)

(Reference 52.222-62)

PAGE 12 OF 58 1305M220QNWWR0224

52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND CONSTRUCTION CONTRACTS (SEP 2013) (Reference 52.223-2)

52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (MAY 2011)

(Reference 52.223-5)

52.223-17 AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED ITEMS IN SERVICE AND CONSTRUCTION CONTRACTS (AUG 2018) (Reference 52.223-17)

52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (JUN 2020) (Reference 52.223-18)

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008)

(Reference 52.225-13)

52.227-4 PATENT INDEMNITY--CONSTRUCTION CONTRACTS (DEC 2007)

(Reference 52.227-4)

52.228-2 ADDITIONAL BOND SECURITY (OCT 1997)

(Reference 52.228-2)

52.228-12 PROSPECTIVE SUBCONTRACTOR REQUESTS FOR BONDS (MAY 2014)

(Reference 52.228-12)

52.228-14 IRREVOCABLE LETTER OF CREDIT (NOV 2014)

(Reference 52.228-14)

52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (MAY 2014)

(Reference 52.232-5)

52.232-23 ASSIGNMENT OF CLAIMS (MAY 2014)

(Reference 52.232-23)

52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (JAN 2017)

(Reference 52.232-27)

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER--SYSTEM FOR AWARD MANAGEMENT (OCT 2018) (Reference 52.232-33)

52.236-2 DIFFERING SITE CONDITIONS (APR 1984)

(Reference 52.236-2)

52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK (APR 1984)

(Reference 52.236-3)

52.236-5 MATERIAL AND WORKMANSHIP (APR 1984)

(Reference 52.236-5)

52.236-6 SUPERINTENDENCE BY THE CONTRACTOR (APR 1984)

(Reference 52.236-6)

52.236-7 PERMITS AND RESPONSIBILITIES (NOV 1991)

(Reference 52.236-7)

52.236-9 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS (APR 1984) (Reference 52.236-9)

PAGE 13 OF 58 1305M220QNWWR0224

52.236-10 OPERATIONS AND STORAGE AREAS (APR 1984)

(Reference 52.236-10)

52.236-12 CLEANING UP (APR 1984)

(Reference 52.236-12)

52.236-13 ACCIDENT PREVENTION (NOV 1991)

(Reference 52.236-13)

52.236-17 LAYOUT OF WORK (APR 1984)

(Reference 52.236-17)

52.236-26 PRECONSTRUCTION CONFERENCE (FEB 1995)

(Reference 52.236-26)

52.242-14 SUSPENSION OF WORK (APR 1984)

(Reference 52.242-14)

52.243-5 CHANGES AND CHANGED CONDITIONS (APR 1984)

(Reference 52.243-5)

52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

(Reference 52.246-12)

52.246-21 WARRANTY OF CONSTRUCTION (MAR 1994)

(Reference 52.246-21)

52.249-1 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (SHORT FORM) (APR 1984) (Reference 52.249-1)

52.249-10 DEFAULT (FIXED-PRICE CONSTRUCTION) (APR 1984)

(Reference 52.249-10)

1352.201-70 CONTRACTING OFFICER´s AUTHORITY (APR 2010) (Reference 1352.201-70)

1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)

(Reference 1352.209-73)

1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)

(Reference 1352.209-74)

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to

(a) commence work under this contract within 1 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 after the Notice to Proceed is issued. The time stated for completion shall include final cleanup of the premises.

(End of Clause)

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52.213-4 - TERMS AND CONDITIONS - SAP

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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.

Component means an article, material, or supply incorporated directly into a construction material.

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 material or components listed by the Government as follows:

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

(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.

(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;

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(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:

[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).]

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52.228-11 PLEDGES OF ASSETS (APR 2020 DEVIATION)

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52.228-13 ALTERNATIVE PAYMENT PROTECTIONS (JUL 2000)

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

Certified cashier's check in the award contract amount, or an irrevocable letter of credit from a financial institution, or a fully executed payment bond.

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

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

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

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

https://www.acquisition.gov/FAR/

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

https://www.acquisition.gov/browse/index/far

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter

1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any (48 CFR clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

1352.228-70 INSURANCE COVERAGE (APR 2010)

(a) Workers Compensation and Employer´s Liability. The contractor is required to comply with applicable federal and state workers'' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer´s liability section of the insurance policy, except when contract operations are so commingled with a contractor´s commercial operations that it would not be practical to require this coverage. Employer´s liability coverage of at least $100,000 shall be required, except in states with exclusive or monopolistic funds that do not permit workers'' compensation to be written by private carriers.

(b) General liability.

(1) The contractor shall have bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence.

(2) When special circumstances apply in accordance with FAR 28.307-2(b), Property Damage Liability Insurance shall be required in the amount of $ .

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(c) Automobile liability. The contractor shall have automobile liability insurance written on the comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract.

Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage.

(d) Aircraft public and passenger liability. When aircraft are used in connection with performing the contract, the contractor shall have aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger liability, and $200,000 per occurrence for property damage. Coverage for passenger liability bodily injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

(e) Vessel liability. When contract performance involves use of vessels, the Contractor shall provide, vessel collision liability and protection and indemnity liability insurance as determined by the Government.

(End of clause)

1352.237-75 KEY PERSONNEL (APR 2010)

(a) The contractor shall assign to this contract the following key personnel:

PROJECT MANAGER NAME and PHONE NUMBER: _________________________ SITE SUPERINTENDENT NAME and PHONE NUMBER: _________________________

(b) The contractor shall obtain the consent of the Contracting Officer prior to making key personnel substitutions. Replacements for key personnel must possess qualifications equal to or exceeding the qualifications of the personnel being replaced, unless an exception is approved by the Contracting Officer.

(c) Requests for changes in key personnel shall be submitted to the Contracting Officer at least 15 working days prior to making any permanent substitutions. The request should contain 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. The Contracting Officer will notify the contractor within 10 working days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes.

1352.246-70 PLACE OF ACCEPTANCE (APR 2010)

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

(b) The place of acceptance will be:

NWS Weather Forecast Office 9200 White Lake Road White Lake, MI 48386-1126

1330-52.243-70 REQUESTS FOR EQUITABLE ADJUSTMENT (OCT 2017)

(a) The amount of any request for equitable adjustment to contract terms shall accurately reflect the contract adjustment for which the Contractor believes the Government is liable. The request shall include only costs for performing the change. All indirect costs included in the request shall be properly allocable to the change in accordance with applicable acquisition regulations.

(b) Any request for equitable adjustment to contract terms that exceeds the simplified acquisition threshold shall bear, at the time of submission, the following certificate executed by an individual authorized to certify the request on behalf of the Contractor:

I certify that the request is made in good faith, and that the supporting data are accurate and complete to the best of my knowledge and belief.

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(Official's Name)

(Title)

(c) The certification in paragraph (b) of this solicitation and contract language requires full disclosure of all relevant facts, including:

(1) Certified cost or pricing data, if required, in accordance with subsection 15.403-4 of the Federal Acquisition Regulation (FAR); and

(2) Data other than certified cost or pricing data, in accordance with subsection 15.403-3 of the FAR, including actual cost data and data to support any estimated costs, even if certified cost or pricing data are not required.

(d) The certification requirement in paragraph (b) of this solicitation and contract language does not apply to:

(1) Requests for routine contract payments; for example, requests for payment for accepted supplies and services, routine vouchers under a cost-reimbursement type contract, or progress payment invoices; or

(2) Final adjustments under an incentive provision of the contract.

(End of solicitation and contract language)

1330-52.270-304 NOAA ACQUISITION AND GRANTS OFFICE OMBUDSMAN (OCT 2016)

(a) The NOAA Acquisition and Grants Office (AGO) Ombudsman is available to organizations to promote responsible and meaningful exchanges of information. Generally, the purpose of these exchanges will be to:

(1) Allow contractors to better prepare for and propose on business opportunities.

(2) Advise as to technologies and solutions within the marketplace that the Government may not be aware of, or is not fully benefiting from.

(3) Identify constraints in transparency and process.

(b) The AGO Ombudsman will objectively, reasonably, and responsibly collaborate with parties and recommend fair, impartial, and constructive solutions to the matters presented to him/her. Further, the AGO Ombudsman will maintain the reasonable and responsible confidentiality of the source of a concern, when such a request has been formally made by an authorized officer of an organization seeking to do business with, or already doing business with NOAA.

(c) Before consulting with the AGO Ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations with the respective contracting officer for resolution.

However, direct access to the AGO Ombudsman may be sought when an interested party questions the objectivity or equity of a contracting officer#s decision, or when there is a bona fide reason to believe that reasonable, responsible, and objective consideration will not be received from an assigned contracting officer.

(d) There are several constraints to the scope of the AGO Ombudsman#s authority, for instance:

(1) Consulting with the AGO Ombudsman does not alter or postpone the timelines of any formal process (e.g., protests, claims, debriefings, employee employer actions, activities involving AÂ- 76 competition performance decisions, judicial or congressional hearings, or proposal, amendment, modification or deliverable due dates, etc.).

(2) The AGO Ombudsman cannot participate in the evaluation of proposals, source selection processes, or the adjudication of protests or formal contract disputes.

(3) The AGO Ombudsman is not authorized to generate or alter laws, judicial decisions, rules, policies, or formal guidance.

(4) The AGO Ombudsman is not authorized to develop or alter opportunity announcements, solicitations, contracts, or their terms or conditions.

(5) The AGO Ombudsman cannot overrule the authorized decisions or determinations of the contracting officer.

(6) The AGO Ombudsman has no authority to render a decision that binds AGO, NOAA, the Department of Commerce, or the U.S. Government.

(7) The AGO Ombudsman is not NOAA#s agent relative to the service of magistrate or judicial process and cannot be used to extend service of process to another party (whether federal, public, or a private entity).

(e) After review and analysis of a filed concern or recommendation, the AGO Ombudsman may refer the interested party to another more suitable federal official for consideration. Moreover, concerns, disagreements, and/or recommendations that cannot be resolved by the AGO Ombudsman will need to be pursued through more formal venues.

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(f) The AGO Ombudsman is not to be contacted to request copies of forms and/or documents under the purview of a contracting officer. Such documents include Requests for Information, solicitations, amendments, contracts, modifications, or conference materials.

(g) Questions regarding items (a) through (f) within this language shall be directed to Rafael Roman, NOAA AGO Ombudsman, at Rafael.Roman@noaa.gov.

(End of solicitation and contract language)

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

(Reference 52.204-7)

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL 2016)

(Reference 52.204-16)

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2020)

(a)

(1) The North American Industry Classification System (NAICS) code for this acquisition is 237310

(2) The small business size standard is $39.5 million

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)

(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

/_/ (i) Paragraph (d) applies.

/_/ (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)

(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless--

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that--

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(vi) 52.204-26, Covered Telecommunications Equipment or Services--Representation. This provision applies to all solicitations.

(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations--Representation.

(viii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(x) 52.214-14, Place of Performance-Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

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(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.

(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xvi) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA-designated items.

(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-- Representation. This provision applies to solicitations that include the clause at 52.204-7.)

(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xxi) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(D) If the acquisition value is $83,099 or more but is less than $100,000, the provision with its Alternate III applies.

(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan- Certification. This provision applies to all solicitations.

(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran--Representation and Certifications. This provision applies to all solicitations.

(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2)The following representations or certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

(i) 52.204-17, Ownership or Control of Offeror.

(ii) 52.204-20, Predecessor of Offeror.

(iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

(iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.

(v) 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.

(vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Alternate I only).

(vii) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

(viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

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(d) The Offeror has completed the annual representations and certifications electronically in SAM accessed through https://www.sam.gov.

This is the start of the file's text. The full file is on GovTribe.

File details come from the government source that posted it. Updated Jul 8, 2020.