Sol_1305M324R0062_Amd_0001.pdf

(x)

1305M324R0062 x x

1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted ; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE

RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR

OFFER. If by virtue of this amendment you desire to change an offer already submitted , such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

x

WAD-NMFS-S

SEATTLE WA 98115

7600 SAND POINT WAY NE BLDG 1

WAD-NMFS-Seattle

09/03/20240001

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

12. ACCOUNTING AND APPROPRIATION DATA (If required) is not extended.is extended, Items 8 and 15, and returning

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended , by one of the following methods: (a) By completing

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

FACILITY CODE CODE

10B. DATED (SEE ITEM 13)

10A. MODIFICATION OF CONTRACT/ORDER NO.

9B. DATED (SEE ITEM 11)

9A. AMENDMENT OF SOLICITATION NO.

CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

7. ADMINISTERED BY (If other than Item 6)CODE 6. ISSUED BY

PAGE OF PAGES

4. REQUISITION/PURCHASE REQ. NO.3. EFFECTIVE DATE2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO. (If applicable)

1. CONTRACT ID CODE

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

08/19/2024

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority) appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

E. IMPORTANT: Contractor is not is required to sign this document and return __________________ copies to the issuing office.

ORDER NO. IN ITEM 10A.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

See continuation pages.

Continued ...

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)15A. NAME AND TITLE OF SIGNER (Type or print)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 15B. CONTRACTOR/OFFEROR 16C. DATE SIGNED

(Signature of person authorized to sign) (Signature of Contracting Officer)

SARAH WAUGH

STANDARD FORM 30 (REV. 11/2016)

Prescribed by GSA FAR (48 CFR) 53.243

Previous edition unusable

Except as provided herein, all terms and conditions of the document referenced in Item 9 A or 10A, as heretofore changed, remains unchanged and in full force and effect .

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 22

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

1305M324R0062/0001

Period of Performance: 11/01/2024 to 10/31/2025

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

Sponsored by GSA

FAR (48 CFR) 53.110

1305M324R0062 0001

Amendment 0001 to Solicitation 1305M324R0062 is issued to:

A. Update the due date from August 30, 2024 to September 6, 2024 by 2:00 PM, Pacific Time, in Section

2. Additions are shown as red text and deletions are shown as strikethrough.

B. Dissolve Small Business Set Aside and Solicit under Full and Open Competition. Update FAR 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders - Commercial Products and Commercial Services. (MAY 2024). Updates incorporated in Section 3 below.

1. Remove FAR 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644)

2. Add FAR 52.223-23, Sustainable Products and Services (MAY 2024)

C. Remove FAR Deviation 52.219-14, Limitations on Subcontracting (OCT 2022) (DEVIATION SEPT 2021) from Section 3. Updates incorporated below.

D. Revisions of the Statement of Work (SOW) are incorporated and attached in Section 4. Additions are shown as red text and deletions are shown as strikethrough.

E. All other terms and conditions remain unchanged.

Section 2 - Continuation

Combined Synopsis/Solicitation

(i) This is a combined synopsis/solicitation for commercial products or commercial services prepared in accordance with the format in FAR Subpart 12.6, as supplemented with FAR Subpart 13.5, with additional information included in this notice. This announcement constitutes the only solicitation;

proposals are being requested and a written solicitation will not be issued.

All responsible Small Business sources may submit a proposal which shall be considered by National Oceanic and Atmospheric Administration (NOAA). The Government intends to select one contractor, however the Government reserves the right to award no contract at all, depending on the quality of the proposal, the prices submitted, and the availability of funds.

(ii) This solicitation is issued as a request for proposal (RFP) with Amendment 0001 SF30. Written proposal for RFP 1305M324R0062 shall be submitted on Standard Form 18.

(iii) The solicitation and incorporated provisions and clauses are those in effect through Federal Acquisition Circular No. 2024-05, dated May 22, 2024.

(iv) The proposed contract action is set-aside 100% for small business (SB) concerns solicit under Full and Open Competition . The associated NAICS code for this requirement is 236220, Commercial and Institutional Building Construction, and the business size standard for this requirement is $45 million.

(v) A list of line item number(s) and items, quantities, and units of measure (including options) are as follows:

Base: November 1, 2024 to October 31, 2025

CLIN SCHEDULE OF SUPPLIES / SERVICES TYPE TOTAL

Task 1: Regulations Research:

Coordinate Section 106 Review Under the National Historic Preservation Act in accordance with (IAW) the Statement of Work (SOW).

FFP

Task 2: Seal Plant Roof Repair:

Option 1 – Existing cedar shingles will be replaced with similar (cedar) materials IAW SOW. Or approved material per Section 106 review.

Option 2 – Rubberized Material that provides and authentic wood appearance IAW SOW. Or approved material per Section 106 review.

FFP

0003 Task 3: Seal Plant Repair and Repaint

IAW SOW. FFP

0004 Travel (Not-to-Exceed) T&M $10,000.00

Base Year Total (CLINs 0001 - 0004)

SCHEDULE OF PRICES KEY:

CLIN = contract line item number, FFP = firm-fixed price, T&M = time-and-material price

(vi) The Alaska Fisheries Science Center (AFSC) has a need for repairs and replacements at the Seal Plant, also known as the Wash House, located on St. George Island, Alaska (AK). The Contractor shall furnish all martials, equipment and services necessary to fulfill the requirements to repair and replace the Seal Plant roof and repair and repaint the exterior walls of the Seal Plant. See Section 4 for a full Statement of Work (SOW).

(vii) Acceptance of all CLINs will be delivered to the Contracting Officer’s Representative (COR) per the SOW. See Section 4.

(viii) The provision at FAR 52.212-1 Instructions to Offerors – Commercial Products and Commercial Services, and addenda applies to this acquisition. See Section 6 for complete provision.

(ix) The provision at FAR 52.212-2 Evaluation – Commercial Products and Commercial Services, and addenda applies to this acquisition. See Section 7 for complete provision, including paragraph (a) of the provision.

(x) Offerors are required to include a complete copy of the provision at FAR 52.212- 3 Offeror Representations and Certifications – Commercial Products and Commercial Services, with their offer. See Section 6 for complete provision.

(xi) The clause at FAR 52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services, and addenda applies to this acquisition. See Section 3 for complete clauses.

(xii) The clause at FAR 52.212-5 Contract Terms and Conditions Required to Implement Executive Orders

– Commercial Products and Commercial Services, applies to this acquisition. See Section 3 for a complete listing of the additional FAR clauses cited under this clause that are applicable to this acquisition.

(xiii) The following additional contract requirement(s) or terms and conditions apply to this acquisition:

N/A

(xiv) Defense Priorities and Allocations System (DPAS) ratings are not applicable to this acquisition.

(xv) The offer shall be submitted by email to Anna Ma at anna.ma@noaa.gov and Sarah Waugh at sarah.waugh@noaa.gov by August 30, 2024 September 6, 2024 at 2:00 PM Pacific Time.

(xvi) For more information regarding this solicitation, please contact:

Contract Specialist – Anna Ma, anna.ma@noaa.gov Contracting Officer – Sarah Waugh, sara.waugh@noaa.gov

Construction Wage Rate Requirements Statute

A Construction Wage Rate Requirements (formerly known as the Davis-Bacon Act) Wage Determination (WD) is applicable to this solicitation. As defined in FAR 22.401, the General Wage Decision is applicable to all laborers and mechanics employed or working at the site. The current Construction WD is attached for the following criteria:

State: Alaska County: Aleutians Construction Type: Building Construction WD No.: AK20240001 07/19/2024

(End)

IAW FAR 36.204 Magnitude of Construction

In accordance with FAR 36.204, the estimated magnitude of the construction project for this requirement is as follows:

Price Range: $250,000 and $500,000

(End)

Section 3 - Contract Clauses

Table has been revised and now reads as follows:

Clause 52.212-5 is incorporated as follows:

FAR 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders - Commercial Products and Commercial Services. (MAY 2024)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115- 232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108- 77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services: [Contracting Officer check as appropriate.]

[X] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

[ ] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C.

3509).

[ ] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

[X] (4) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C.

4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community-see FAR 3.900(a).

[X] (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

[ ] (6) [Reserved]

[ ] (7) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

[ ] (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

[X] (9) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328).

[ ] (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders-Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (DEC 2023) (Pub. L. 115-390, title II).

[X] (11)(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders- Prohibition.

(DEC 2023) (Pub. L. 115-390, title II).

[ ] (ii) Alternate I (DEC 2023) of 52.204-30.

[X] (12) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C.

6101 note).

[ ] (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).

[ ] (14) [Reserved]

[ ] (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C. 657a).

[ ] (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[ ] (17) [Reserved]

[ ] (18)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[ ] (ii) Alternate I (MAR 2020) of 52.219-6.

[ ] (19)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[ ] (ii) Alternate I (MAR 2020) of 52.219-7.

[ ] (20) 52.219-8, Utilization of Small Business Concerns (FEB 2024) (15 U.S.C. 637(d)(2) and (3)).

[ ] (21)(i) 52.219-9, Small Business Subcontracting Plan (SEP 2023) (15 U.S.C. 637(d)(4)).

[ ] (ii) Alternate I (NOV 2016) of 52.219-9.

[ ] (iii) Alternate II (NOV 2016) of 52.219-9.

[ ] (iv) Alternate III (JUN 2020) of 52.219-9.

[ ] (v) Alternate IV (SEP 2023) of 52.219-9.

[ ] (22)(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

[ ] (ii) Alternate I (MAR 2020) of 52.219-13.

[ ] (23) 52.219-14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).

[ ] (24) 52.219-16, Liquidated Damages- Subcontracting Plan (SEP 2021) (15 U.S.C.

637(d)(4)(F)(i)).

[ ] (25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (FEB 2024) (15 U.S.C. 657f).

[X] (26)(i) 52.219-28, Post-Award Small Business Program Rerepresentation (FEB 2024) (15 U.S.C. 632(a)(2)).

[ ] (ii) Alternate I (MAR 2020) of 52.219-28.

[ ] (27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (OCT 2022) (15 U.S.C. 637(m)).

[ ] (28) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (OCT 2022) (15 U.S.C. 637(m)).

[ ] (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

[ ] (30) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).

[X] (31) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

[ ] (32) 52.222-19, Child Labor- Cooperation with Authorities and Remedies (FEB 2024) (E.O. 13126).

[X] (33) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[X] (34)(i) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).

[ ] (ii) Alternate I (FEB 1999) of 52.222-26.

[X] (35)(i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

[ ] (ii) Alternate I (JULY 2014) of 52.222-35.

[X] (36)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

[ ] (ii) Alternate I (JULY 2014) of 52.222-36.

[X] (37) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

[X] (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

[X] (39)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

[ ] (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O.

13627).

[X] (40) 52.222-54, Employment Eligibility Verification (MAY 2022). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

[ ] (41)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA- Designated Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[ ] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[X] (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (MAY 2024) (42 U.S.C. 7671, et seq.).

[X] (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (MAY 2024) (42 U.S.C. 7671, et seq.).

[X] (44) 52.223-20, Aerosols (MAY 2024) (42 U.S.C. 7671, et seq.).

[X] (45) 52.223-21, Foams (MAY 2024) (42 U.S.C. 7671, et seq.).

[X] (46) 52.223-23, Sustainable Products and Services (MAY 2024) (E.O. 14057, 7 U.S.C.

8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).

[ ] (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

[ ] (ii) Alternate I (JAN 2017) of 52.224-3.

[ ] (48)(i) 52.225-1, Buy American- Supplies (OCT 2022)) (41 U.S.C. chapter 83).

[ ] (ii) Alternate I (OCT 2022) of 52.225-1.

[ ] (49)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

[ ] (ii) Alternate I [Reserved].

[ ] (iii) Alternate II (DEC 2022) of 52.225-3.

[ ] (iv) Alternate III (FEB 2024) of 52.225-3.

[ ] (v) Alternate IV (OCT 2022) of 52.225-3.

[ ] (50) 52.225-5, Trade Agreements (NOV 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[X] (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[ ] (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

[ ] (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C.

5150).

[ ] (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area

(NOV 2007) (42 U.S.C. 5150).

[ ] (55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) (E.O. 13513).

[X] (56) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

[ ] (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) (41 U.S.C.4505, 10 U.S.C. 3805).

[ ] (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

[X] (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT 2018) (31 U.S.C. 3332).

[ ] (60) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).

[ ] (61) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

[ ] (62) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

[ ] (63) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C.

637(d)(13)).

[ ] (64)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).

[ ] (ii) Alternate I (Apr 2003) of 52.247-64.

[ ] (iii) Alternate II (NOV 2021) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services: [Contracting Officer check as appropriate.]

[ ] (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

[ ] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C.

206 and 41 U.S.C. chapter 67).

[ ] (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[ ] (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

[ ] (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (MAY 2014) (41 U.S.C. chapter 67).

[ ] (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY 2014) (41 U.S.C. chapter 67).

[X] (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order

14026 (JAN 2022).

[X] (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

[ ] (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records - Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

(ii) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C.

4712).

(iii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).

(v) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(vi) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328).

(vii)(A) 52.204-30, Federal Acquisition Supply Chain Security Act Orders- Prohibition. (DEC 2023) (Pub. L. 115-390, title II).

(B) Alternate I (DEC 2023) of 52.204-30.

(viii) 52.219-8, Utilization of Small Business Concerns (FEB 2024) (15 U.S.C.

637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(ix) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(x) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

(xi) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

(xii) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

(xiii) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

(xiv) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xv) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

(xvi) [X] (A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C.

chapter 78 and E.O. 13627).

[ ] (B) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xvii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xviii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY 2014) (41 U.S.C.

chapter 67).

(xix) 52.222-54, Employment Eligibility Verification (MAY 2022) (E. O. 12989).

(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order

14026 (JAN 2022).

(xxi) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O.

13706).

(xxii)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xxiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

(xxiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph

(e) of FAR clause 52.226-6.

(xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.

(xxvi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

Section 4 - Contract Documents, Exhibits, or Attachments

Statement of Work

National Oceanic and Atmospheric Administration (NOAA) NOAA Fisheries Alaska Fisheries Science Center (AFSC) St. George Island Seal Plant Repairs and Replacements

I. BACKGROUND

The AFSC conducts and supports Marine Mammal Protection Act research and science operations at the Seal Plant, also known as the Wash House, located on St. George Island, Alaska. This sealing plant, the last one of its kind in the northern hemisphere, was designated to the National Register of Historic Places. On November 30, 1999, NOAA completed a project to restore the structural integrity, and shore up the Seal Plant. As normal deterioration has occurred over the years, the NMFS AFSC requires the Seal Plant’s external shell to be evaluated and repaired in adherence to federal, state and local historical building requirements.

II. SCOPE

The Statement of Work (SOW) requires proper authorization be provided prior to any repairs commencing on the historic building. A kickoff meeting between the Contractor and AFSC is required following contract award.

Overview of Seal Plant Repairs and Replacements Include:

A. Removing the old roofing on the Seal Plant down to the decking ice and water shield (IWS).

B. Evaluating for water intrusion to the decking, paying special attention to the eaves and hip joins to the walls.

C. Replacing compromised IWS and unserviceable decking (where required).

D. Replacing the underlayment. Installing new layer of IWS over existing layer.

E. Replacing the external coverings.

F. Scraping loose paint from the walls.

G. Repairing small cracks.

H. Repainting the facility.

I. Replace roll-up garage door

Compliance Documents:

The following documents provide specifications, standards, or guidelines that must be complied with in order to meet the requirements of this contract: 2024 International Building Code.

III. REQUIRED KICK OFF MEETING PRIOR TO SERVICES

The contractor shall participate in a kickoff meeting with AFSC personnel to confirm an expected timeline and work plan. The purpose of this meeting is to discuss and develop a mutual understanding of the administrative and practical requirements of the Contract including but not limited to invoicing, safety, site access, outage requests, schedule requirements, quality control, and schedule of prices, submittals, prosecution of the work, government acceptance, final inspections and contract close-out.

Contractor must present and discuss their basic approach to the construction work and any required phasing. Contractor attendees must include the Project Manager, Superintendent, Site Safety and Health Officer (SSHO), Quality Control Manager (QCM), and major subcontractors. Superintendent, SSHO and QCM shall be designated in writing. Discuss development of Safety and Health Plan and Quality Control Plan.

Deliverables:

A. Develop Safety and Health Plan: Site activities performed in conjunction with this project may pose safety hazards which specialized expertise to effectively address and eliminate. The contractor shall be responsible for preparing and implementing an effective safety and health program, to include a site-specific safety and health plan. The contractor’s Safety and Health Plan shall conform to the requirements defined by the Department of Labor, Occupational Safety and Health Administration. The plan must be submitted within 30 days of the contract award. It must be approved before the contractor is given notice to proceed with construction.

B. Develop Control (QC) Plan: The contractor shall develop, implement, and document an effective project specific quality control plan. This quality control plan shall be submitted to the Contracting Officer for approval within 30 calendar days after contract award. It must be approved before the contractor is given notice to proceed with construction.

III. TASKS

Task 1 – Regulations Research: Coordinate Section 106 Review Under the National Historic Preservation Act. The Contractor shall coordinate a review of the Seal Plant repair project under Section 106 of the National Historic Preservation Act (36 CFR 800). The Section 106 review requires Federal agencies to take into account the effects of their undertaking on historic properties, and is completed through consultation with the State Historic Preservation Office (SHPO; Office of History and Archaeology, Alaska Department of Natural Resources), National Park Service (U.S. Department of the Interior), and representatives of local entities on St. George Island (City of St. George, St. George Traditional Council, and St. George Tanaq Corporation). Through these consultations, the process attempts to balance historic preservation concerns with the needs of the Federal undertakings at the Seal Plant; the Seal Plant is listed as a NOAA Heritage Asset, and is included on the National Register of Historic Places and in the Seal Islands National Historic Landmark District.

Consultations with interested parties shall provide them with information about the repair project and its effects on the Seal Plant, seek comment and input from those parties and, if the repairs are found to have an adverse effect, schedule further consultations to seek to resolve the adverse effect through mitigation. NMFS does not expect any adverse effects in our efforts to preserve this historical building;

however, we are proposing two alternatives for shingle replacement in the Section 106 review, neither of which are original to the building: cedar (the current material), or a rubberized material that provides an authentic wood appearance, a much longer lifespan, and addresses US government sustainability requirements (e.g., something similar to Euroshield Beaumont Shake). The outcome of this review will factor into the selection of roofing material to be used, and the Government's final approval for that material (quotes associated with each material are to be provided by the contractor in their initial bid submission).

A. Coordinate consultations between the contractor, St. George Island representatives, Alaska SHPO representatives, National Park Service representatives, and the Contracting Officer’s Representative (COR) and Government Technical Point of Contact (TPOC). The TPOC may include other experts to consult with the evaluation; coordinating the other NOAA experts’ participation shall be the responsibility of the TPOC.

1. Seek participation in, and schedule, meetings or conference calls.

2. Prepare agendas for all meetings and conference calls.

3. Document all meetings and conference calls or, where the extent of these consultations is limited by the participants’ interest or ability to participate in meetings, any email exchanges with the participants; documentation, including meeting minutes, shall identify the dates of consultation and provide a detailed listing of participants, and their comments and input (or lack thereof).

4. Provide meeting and conference call facilitation, as needed.

Deliverables:

A. Assemble information package about the repair project and its effect on the Seal Plant and circulate to interested parties with requests for comments and input, and/or to participate in consultation meetings or conference calls with them.

B. Email meeting or conference call access information to participants within two (2) business days, as needed.

C. Draft and finalize agendas for all meetings at least 24 hours prior to the meeting, as needed.

D. Draft and finalize minutes for all meetings or, where no meetings are held, provide documentation of email exchanges, within two (2) business days after conclusion of each consultation.

E. If the proposed repairs are found to have an adverse effect on the Seal Plant, summarize possible mitigation measures identified during the consultation process to provide to the COR and TPOC.

F. If mitigation measures are needed, distribute mitigation agreement, provided by the COR or TPOC, to the interested parties

Task 2 – Seal Plant Roof Repair. The contractor shall provide all labor, material, tools, equipment, and supervision necessary to complete the installation of approximately 11,356 square feet (sf) of roof including 274 linear feet (lf) of ridge, 70 lf of valleys, and 736 sf of rubber roof.

A. Remove the existing roofing shingles, destroyed compromised ice and water shield (IWS), and damaged underlayment, and the ice and water barrier to the solid decking.

B. Evaluate the decking and replace any compromised decking. AFSC estimates that less than five percent of the decking will require replacement. Twenty (20) sheets of exterior sheathing should be the maximum needed for the underlayment and decking repairs.

C. Replace ice and water barrier. Replace any damaged underlayment.

D. Replace underlayment. Install new layer of IWS over existing (cleaned and dry) layer.

E. Replace shingles and flashing. Pending the outcome of the Section 106 review (see Task 1) and a NMFS assessment of best value. The COR will provide the contractor with NMFS’s final determination of roofing material to be used.

1. Option 1 – Existing cedar shingles will be replaced with similar (cedar) material, or

2. Option 2 – Rubberized material that provides an authentic wood appearance.

F. Replace fascia boards.

G. Dispose of waste materials as they are removed from the building.

Deliverables:

A. Reroof the seal plant.

B. Provide Warranties:

1. Labor and Craftsmanship: All work conducted by the contractor, including subcontractor work, shall be guaranteed against defect for a period of one (1) year after final acceptance of the work.

If such defects are found within the warranty period, the contractor agrees to repair and replace the defective work at no cost to the government.

2. Manufacturer’s warranties on parts and materials: The contractor shall provide the manufacturer’s standard warranty in addition to the one-year standard contract warranty on all material (if applicable).

C. Work Plan Requirement:

1. The contractor shall submit a work plan to AFSC for approval prior to the purchase of materials. It must address, but not limited to the following: Project schedule and coordination; Material selection and specification based on approved material usage per Section 106 review.

D. Construction Phase: The contractor shall provide all necessary labor, materials, tools, and equipment to complete the installation as specified in the approved design and work plan documents.

Task 3 – Seal Plant Repair and Repaint. The contractor shall provide all labor, material, tools, equipment, and supervision necessary to repair and paint approximately 8,000 sf of the exterior walls.

A. Replace the failing roll-up garage door.

B. Clean the walls and identify base cracks to be repaired.

C. Repair cracks in cement and wood fascia.

D. Prepare windows and doors for painting.

E. Prepare the walls for painting.

F. Prime walls for painting.

G. Paint walls.

H. Clean up the worksite.

Deliverables:

A. Replace roll-up garage door.

B. Paint the exterior of the seal point.

C. Provide Warranties:

1. Labor and Craftsmanship: All work conducted by the contractor, including subcontractor work, shall be guaranteed against defect for a period of one (1) year after final acceptance of the work.

If such defects are found within the warranty period, the contractor agrees to repair and replace the defective work at no cost to the government.

2. Manufacturer’s warranties on parts and materials: The contractor shall provide the manufacturer’s standard warranty in addition to the one-year standard contract warranty on all material (if applicable).

IV. CONTRACTOR PERSONNEL

A. Qualified Personnel. The Contractor shall provide qualified personnel to perform all requirements specified in this SOW. The contractor shall provide expertise related to program and project management.

The contractor shall provide labor with experience performing roofing and/or painting experience to complete the work in compliance with manufacturer’s warranty requirements. The vendor is encouraged to seek the participation of, and provide training for, St. George Island residents in the conduct of the repair work in order to provide economic opportunities for the community.

B. Continuity of Support. The Contractor shall ensure that the contractually required level of support for this requirement is maintained at all times. The Contractor shall ensure that all contract support personnel are present for all hours of the workday. If for any reason the Contractor staffing levels are not maintained due to vacation, leave, appointments, etc., and replacement personnel will not be provided, the Contractor shall provide e-mail notification to the COR prior to employee absence.

Otherwise, the Contractor shall provide a fully qualified replacement.

V. PLACE OF PERFORMANCE

The primary place of performance will be the NMFS AFSC Seal Plant located at St. George Island, AK, Zapadni Bay Rd., St. George, AK 99591. St. George Island is one of the Pribilof Islands of the state of Alaska, United States, in the Bering Sea off the western coast of the state. The island has a land area of 90 km² (35 sq. mi) and a population of about 100 people, all living in its only community, the city of St.

George. The city of St. George is located on the northeast shore of St. George Island, the southernmost of five (5) islands in the Pribilofs. St. George lies 47 miles south of St. Paul Island, 750 air miles west of Anchorage and 250 miles northwest of Unalaska. It lies at approximately 56d 36m N Latitude, 169d 32m W Longitude. (Sec. 29, T041S, R129W, Seward Meridian). Saint George is located in the Aleutian Islands Recording District. The area encompasses 34.8 sq. miles of land and 147.6 sq. miles of water.

St. George is accessible only by air and sea. There is one state-owned airstrip with a 5,000-foot paved runway. Scheduled flights are provided to St. Paul and the mainland. Most freight and supplies are delivered by cargo plane from Anchorage. St. George had one developed harbor and dock in Zapadni Bay, 5 miles from the City.

The climate of St. George is controlled by the cold waters of the Bering Sea. The maritime location results in cool weather year-round, and a narrow range of mean temperatures varying from 24°F to 52°F. Storms blow off the Bering Sea directly impact the Seal Plant. Average precipitation is 23 inches, with 57 inches of snowfall. Cloudy, foggy weather is common during summer months.

VI. TRAVEL

Travel is anticipated during the SOW’s performance. The contractor will need to travel to the island for inspections and to perform the work. Travel will be reimbursed in accordance with the Federal Travel Regulations, and all contractor travel must be approved by the COR prior to the actual travel, using the NMFS Travel Authorization Form. Any travel conducted prior to the receipt of proper written authorization from the COR will be done at the Contractor’s own risk and expense.

VII. PROGRESS MEETINGS

As this contract’s period of performance runs for 360 calendar days and the actual period of work is estimated at ten to twenty (20) business days, the Project Manager shall be available to meet with the COR upon request to discuss progress, exchange information, and resolve emergent technical problems and issues. These meetings shall take place via teleconference and shall take place no less than monthly prior to the initiation of the actual repairs to the Seal Plant (i.e., to discuss progress of the Section 106 review, logistics planning, procurement and shipping of materials, arranging of equipment and labor), and no less than weekly during the conduct of the repair work. A NOAA Fisheries TPOC may be on-site during the period of repair work, and available for in person progress meetings. Progress meetings may be called at any time by the COR or the Project Manager by agreement between the COR and Project Manager.

VIII. GOVERNMENT FURNISHED RESOURCES

The Government will provide the workspace to perform the on-site portion of Contractor services required in this contract.

IX. CONTRACTOR FURNISHED PROPERTY

The Contractor shall furnish all materials, equipment and services necessary to fulfill the requirements of this contract, except for the Government Furnished Resources specified in SOW, Section VIII.

X. GOVERNMENT ACCEPTANCE PERIOD

A. The COR will review deliverables prior to acceptance and provide the contractor with an e-mail that provides documented reasons for non-acceptance. If the deliverable is acceptable, the COR will send an e-mail to the Contractor notifying it that the deliverable has been accepted.

B. The COR will have the right to reject or require correction of any deficiencies found in the deliverables that are contrary to the information contained in the Contractor’s accepted proposal. In the event of a rejected deliverable, the Contractor will be notified in writing by the COR of the specific reasons for rejection. The Contractor may have an opportunity to correct the rejected deliverable and return it per delivery instructions.

C. The COR will have ten (10) business days to review deliverables and make comments. The Contractor shall have ten (10) business days to make corrections and redeliver.

D. All other review times and schedules for deliverables shall be agreed upon by the parties based on the final approved Project Plan. The Contractor shall be responsible for timely delivery to Government personnel in the agreed upon review chain, at each stage of the review. The Contractor shall work with personnel reviewing the deliverables to assure that the established schedule is maintained.

XI. SCHEDULE OF DELIVERABLES

The following is a schedule of all deliverables, including administrative deliverables, required during the period of performance of this contract:

SOW

Reference Description Quantity Due Date Deliver To

III. Schedule and disseminate kickoff meeting information

1 ea. 2 business days after Award of the contract.

COR and Contracting Officer

III. Provide kickoff meeting Agenda

1 ea. to participants.

No later than 24 hours prior to meeting

COR, Contracting Officer, and participants

III. Provide Site Safety and Health Plan.

1 ea. 30 Calendar Days after contract Award

COR, AFSC Safety Officer

SOW

Reference Description Quantity Due Date Deliver To

III. Provide Quality Control Plan 1 ea. 30 Calendar Days after contract Award

COR

III. Meeting minutes 1 ea. to participants.

2 business days after meeting

COR and Contracting Officer

Task 1 Assemble draft consultation package for review

1 ea. No later than 30 calendar days after kickoff meeting, and no less than 7 calendar days prior to initiating consultations.

COR with TPOC support

Task 1 Provide a summary of input received (e.g., support, concerns) during consultations, and documentation of each consultation

1 ea. No later than 60 calendar days after kickoff meeting.

Exceptions must be approved by the COR.

COR with TPOC support

Task 1 If necessary, provide a summary of input received during mitigation consultations, and documentation of each consultation.

1 ea. No later than 90 calendar days after kickoff meeting.

Exceptions must be approved by the COR.

COR with TPOC support

Task 2 Reroof the seal plant on St.

George Island.

1 ea. No later than 360 days after award.

COR with TPOC support

Task 2 Provide Warranty documents.

1 ea. 5 Business days after the final inspection.

COR and Contracting Officer

Task 2 Work Plan Requirement 1 ea. 30 Calendar Days after Notice-to-Proceed

COR, TPOC support, and Contracting Officer

Task 3 Replace the Failed Roll up Garage Door

1 ea. No later than 360 days after award.

COR with TPOC support

Task 3 Repaint the seal plant on St.

George Island.

1 ea. No later than 360 days after award.

COR with TPOC support

Task 3 Provide Warranty documents.

1 ea. 5 Business days after the final inspection.

COR and Contracting Officer

VII. Progress Meetings 1 ea. Monthly prior to initiation of actual repair work

Weekly during conduct of

COR with TPOC support

SOW

Reference Description Quantity Due Date Deliver To repair work.

At completion of repair work.

XII. ATTACHMENTS

1. Wash House Roof Images

2. SAM Construction Wage Determination