B08 - Solicitiation - Final.pdf

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AC RENTAL UNIT - MENLO BLDG 1C Federal contract opportunity
Solicitation number
140G0120Q0023
Issued by
Department of the Interior US Geological Survey Office of Acquisitions and Grants

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140G0120Q0023

1. REQUEST NO.

5a. ISSUED BY

NAME

a. NAME

c. STREET ADDRESS

d. CITY

10. PLEASE FURNISH QUOTATIONS TO

THE ISSUING OFFICE IN BLOCK 5a ON

OR BEFORE CLOSE OF BUSINESS (Date)

2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG.1

RATING

6. DELIVERY BY (Date)

7. DELIVERY

9. DESTINATION

a. NAME OF CONSIGNEE

b. STREET ADDRESS

PAGE OF PAGES

5b. FOR INFORMATION CALL: (No collect calls)

TELEPHONE NUMBER

AREA CODE NUMBER

8. TO:

b. COMPANY

e. STATE f. ZIP CODE

c. CITY

d. STATE e. ZIP CODE

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

THIS RFQ

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

IS IS NOT A SMALL BUSINESS SET ASIDEX

12/03/2019 0040463046

1 148

205 NATIONAL CENTER

12201 SUNRISE VALLEY DRIVE

RESTON VA 20192

USGS NATIONAL ACQUISITION BRANCH

Multiple

USGS Office of Information Tech Svs

MS 159 National Center 12201 Sunrise Valley Drive

Reston

VA 20192

703 648-7312Michael Lepe

12/18/2019 1300 ET

FOB DESTINATION

OTHER

(See Schedule)X

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

For questions regarding this solicitation, contact:

Michael Lepe Contract Specialist mlepe@usgs.gov

Continued ...

12. DISCOUNT FOR PROMPT PAYMENT

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS

NUMBER PERCENTAGE

NOTE: Additional provisions and representations

13. NAME AND ADDRESS OF QUOTER

b. STREET ADDRESS

c. COUNTY

d. CITY e. STATE f. ZIP CODE

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

16. SIGNER

a. NAME (Type or print)

c. TITLE (Type or print)

a. NAME OF QUOTER

AREA CODE

NUMBER

15. DATE OF QUOTATION

b. TELEPHONE are are not attached

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

STANDARD FORM 18 (REV. 6-95)

Prescribed by GSA - FAR (48 CFR) 53.215-1(a)

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 148

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

140G0120Q0023

This solicitation is for the long term rental of an Air Conditioning (AC) unit to building 1C at the US Geological Survey in Menlo Park, CA.

Quotes shall be in accordance with attached instructions, statement of work, Davis-Bacon wage determination, and clauses.

This is a total small-business set-aside.

The following documents (attachments) are herby incorporated into this solicitation:

-Attachment A: Instructions

-Attachment B: Statement of Work

-Attachment C: Provisions/Clauses

-Attachment D: Davis-Bacon Wage Determination

-Attachment E: Security Document

-Attachment G: Payment Bond SF 25A

-Attachment I: Payroll

-Attachment J: Release of Claims

-Attachment K: Certification for Payment

An organized site visit is scheduled for

12/10/2019 at 10:00AM Pacific Time. See

Attachment A

(Instructions) for complete details.

Legacy Doc #: UGS

00010 Install/Construction

Labor, equipment, and materials to perform the construction services (Vendor must provide a 20

Ton AC rental unit) in accordance with attached Statement of

Work(SOW)/Specifications.

See attached Statement of Work for complete project details/requirements.

IT Approval Num: 0070012745

Delivery: 60 Days After Award

00020 AC RENTAL UNIT - MENLO BLDG 1C

See attached Statement of Work for complete project details/requirements.

IT Approval Num: 0070012745

Period of Performance: One year after install completion date.

Continued ...

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

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 148

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

140G0120Q0023

00030 Option Year One (1) - AC RENTAL UNIT - MENLO BLDG

1C

See attached Statement of Work for complete project details/requirements.

IT Approval Num: 0070012745

Period of Performance: One year after the end of base year.

00040 Option Year Two (2)- AC RENTAL UNIT - MENLO BLDG

1C

See attached Statement of Work for complete project details/requirements.

IT Approval Num: 0070012745

Period of Performance: One year after the end of option year one.

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

INSTRUCTIONS TO VENDORS

Disclosure of Magnitude in accordance with FAR 36.204: Between $100,000 and $250,000

Site Visit Details:

Date: 12/10/2019 at 10:00AM Pacific Time Time: 10:00 AM Pacific Time Location: USGS 345 Middlefield Road, Building 1C Menlo Park, CA 94025.

All entering MUST be US Citizens and have a valid Government-issued identification to enter the building. Please arrive at the Visitor’s Lobby at the prescribed time only.

Vendors must provide the attached completed security document (located in Attachment B) and a business license copy prior to the site visit in order to receive project drawings. Any vendor who does not provide the required documents will not be provided drawings (if any). Drawings or schematics, if any, will be provided at the site visit or upon request.

All vendors interested in attending the site visit shall send a confirmation email to:

Michael Lepe, Contract Specialist at mlepe@usgs.gov

Site Visit confirmation email shall include:

-Company Name -Number and Names of Attendees -Attachment 1: Completed Security Document -Attachment 2: Copy of Business License

*Prime contractor is responsible for ensuring all subcontractors are present during the site visit.*

QUESTIONS:

All questions shall be submitted via email to mlepe@usgs.gov no later than 1:00 PM Eastern Time, Wednesday, December 11, 2019. Please choose one representative from your company to submit all questions regarding the RFQ.

QUOTATIONS:

A discounted firm-fixed priced quotation and technical quotation package shall be submitted by 1:00PM Eastern Time, Wednesday, December 18th, 2019.

Quotations shall be submitted to the Contract Specialist via email at mlepe@usgs.gov. Faxed or mailed quotations will not be accepted.

mailto:mlepe@usgs.gov mailto:mlepe@usgs.gov mailto:mlepe@usgs.gov

Vendor shall supply the USGS with a thorough quotation packages demonstrating how they meet all requirements within the evaluation criteria. Quotation packages shall be thorough enough to allow the USGS to perform a proper evaluation (see evaluation criteria below).

The following additional information must be supplied along with your quotations. Failure to submit this information may deem your quotations non-responsive and your quotations may not be considered:

1) Summary breakdown of all firm-fixed price costs associated with all services requested in the Statement of Work (SOW):

a. Materials

b. Labor (all labor hours, showing price per hour, per category, in accordance with Davis Bacon)

c. Job Classification

d. Sub-Contract Costs

e. Payment Protection Costs (if any)

f. Copy of HVAC license and/or master electrician’s license (if applicable)

g. Any other miscellaneous expenses

2) Federal Tax ID Number (TIN)

3) Business Size Classification.

4) Dun & Bradstreet (DUNS) Number.

5) Warranty (One year construction warranty)

6) Three (3) References:

a) Government or Commercial

b) Job(s) performed must include the same work to the requirement described in the attached SOW.

c) For work performed within the past two (2) years, include a brief description of work, company/agency name, contact name, address, and telephone number.

7) Breakdown of the total firm-fixed price for the 12 month Base Year and four (4) - 12 month Option Years. Base Year Pricing Period of Performance (POP): One year after installation completion date.

a) Option Year One: One year after the end of base year.

b) Option Year Two: One year after the end of option year one.

General wage decision number CA20190018 DATED 11/18/2019 is hereby incorporated into this request for quotation (RFQ). The wage rates and fringe benefits which appear in the wage decision are mandatory minimums that must be paid by the contractor (or any subcontractor) to any employee working under the purchase order that results from this RFQ. A copy is attached.

Contractor will be required to submit copies of all payrolls weekly. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. This information may be submitted in any form. The optional form from the Department of Labor (WH-347) may be used. See Construction Wage Rate Requirements 52.222-6 referenced in the table below.

The award resulting from this RFQ will be based on lowest price technically acceptable (LPTA) quote based on the following, not listed in any the particular order of importance:

• Price

• Submittal of a Technically Responsive quote based on the requested information listed in the Statement of Work and Instructions to Vendors: The vendor will be responsible for submitting a thorough technical quotation package which will allow the USGS to perform a proper evaluation. This quotation must include the vendor’s complete proposed approach to the work required as stated in the SOW. Failure to address items listed within the Statement of Work or Instructions to Vendors may deem your quotation not technically acceptable.

• Specification of the proposed materials quoted:

Vendor shall provide the specifications of the materials to be used for construction. Vendor quote shall include sufficient evidence proving that quoted work and materials meet all requirements as stated in the Statement of Work (SOW).

• Warranty period on equipment and installation: At least one year warranty of construction shall be provided by the vendor.

• Past Performance: Vendor shall provide at least three (3) past performance references

(government or commercial) of the same work performed within the past two (2) years. At a minimum the following shall be submitted for each reference, but not limited to: description of project/work; companies names services were performed for; point of contact; address; and telephone number.

The award resulting from this RFQ will require payment protection if the value of the contract is greater than $35,000 per FAR subpart 28.1 – Bonds and other financial protections. The price for a payment bond (if applicable) shall be included in the vendor’s firm-fixed price.

This RFQ is set aside for small businesses.

Payment protection will be required if the value of the Task Orders is greater than $35,000 per FAR subpart 28.1 – Bonds and other financial protection. The price for any required surety shall be included in the offeror’s firm fixed price.

For Task Orders exceeding $150,000.00 Performance, Payment and Bid Bonds are required.

For Task Orders greater than $35,000.00 but not greater than $150,000.00 the contractor shall select and submit one of the following:

1) Payment bond

2) An irrevocable letter of credit (ILC)

3) A tripartite escrow agreement.

4) Certificate of deposit.

5) A deposit of the type of security listed in 25.204-1 and 28.204-2.

For Task Orders under $35,000.00 surety requirements are not applicable or required.

(End of Instructions)

Attachment B Page 7 of 148

WORK STATEMENT

I. GENERAL INFORMATION

This procurement is for the long term rental of an HVAC unit to provide Air Conditioning (AC) to building 1C at the US Geological Survey in Menlo Park, CA. The existing building AC unit has failed and is no longer cooling the building. A temporary unit was procured while OEI worked with facilities and GSA to evaluate the cost to install a new AC unit. After much discussion and estimates, it was determined that the project team could not justify the investment since Menlo Park campus is in the process of a multi-year move to Moffett Field in Mountain View, CA. In the meantime, it is crucial that a longer term AC rental unit be acquired with option years.

Having no AC unit in place will cause devices to over heat and fail. This could cause Menlo Park campus network issues, as well as the Trusted Internet Connection (TIC) to fail. The Menlo Park TIC is the DOI managed gateway that USGS and other DOI bureaus use. The TIC also provides access to the Internet. If the Menlo Park TIC fails, other DOI Bureaus will failover to a different gateway. However, the Menlo Park campus will experience network outages.

II. WORK REQUIREMENTS

Vendor must provide a 20 Ton AC rental unit. It will be attached to the building using the existing duct system and wired to the failed unit’s power supply. The cost should include pickup, delivery, installation, duct work, power cords, along with regular service as required. The rental unit will sit outside of the building gate towards the side of the fence that faces Middlefield Road.

• Stage/deliver equipment and material to jobsite.

• Set package unit trailer in designated location.

• Furnish and install temporary vinyl duct from unit to customer provided point of connections.

• Provide and install Type W UL Rated temporary power cable from temporary unit to customer provided power source.

• After completion of installation, contractor will start the system, and provide operator instructions.

During the rental period, contractor will provide routine maintenance inspections. Scheduling is based on contractor's service department discretion. Routine maintenance & inspection required every 30 days.

• If the unit should fail, a representative from the vendor must inspect the site within 4 hours to remedy the problem. Any problem with the AC unit must be repaired within 8 hours or a new replacement unit be delivered and installed within 24 hours.

• Contractor to provide Forklift for offloading and reloading of the package unit from transport trailer on to the ground.

• At the conclusion of the project, Contractor will remove all Contractor furnished equipment.

III. SUPPORTING INFORMATION

The AC unit should be delivered to the following address:

USGS 345 Middlefield Road, Attachment B Page 8 of 148

Building 1C Menlo Park, CA 94025.

There are no security requirements, as there will be a local poc who will escort the third party into the building and be on the premises during the delivery and installation of the AC unit.

(End of Statement of Work)

Attachment C Page 9 of 148

APPLICABLE PROVISIONS

52.204-8 Annual Representations and Certifications (Oct 2018)

(a)

(1) The North American Industry classification System (NAICS) code for this acquisition is 238220.

(2) The small business size standard is $15.0 (in millions of dollars).

(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

(C) The solicitation is for utility services for which rates are set by law or regulation.

Attachment C Page 10 of 148

(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

(C) Are for contracts that will be performed in the United States or its outlying areas.

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

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

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

(ix) 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.

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

(xi) 52.219-1, Small Business Program Representations (Basic & Alternate I). 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.

Attachment C Page 11 of 148

(xii) 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.

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

(xiv) 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.

(xv) 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.

(xvi) 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.

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

(xviii) 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.

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

(xx) 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.

(C) If the acquisition value is $50,000 or more but is less than $80,317, the provision with its Alternate II applies.

(D) If the acquisition value is $80,317 or more but is less than $100,000, the provision with its Alternate III applies.

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

Attachment C Page 12 of 148

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

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

(xxiv) 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:

(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.

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

(d) The Offeror has completed the annual representations and certifications electronically in SAM accessed through https://www.sam.gov. After reviewing the SAM information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause Title Date Change https://www.sam.gov/ https://www.sam.gov/

Attachment C Page 13 of 148

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

(End of Provision)

52.225-10 Notice of Buy American Requirement--Construction Materials (May 2014)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American--Construction Materials” (Federal Acquisition Regulation (FAR) clause 52.225-9).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers.

(1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers.

(1) When an offer includes foreign construction material not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs

(c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall

Attachment C Page 14 of 148 be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested—

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

(End of provision)

52.228-1 Bid Guarantee (Sep 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier’s check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds --

(1) To unsuccessful bidders as soon as practicable after the opening of bids; and

(2) To the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.

(c) The amount of the bid guarantee shall be 20 percent of the bid price or $3 million, whichever is less.

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

(End of Provision)

52.236-27 Site Visit (Construction) (Alternate I) (Feb 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) An organized site visit has been scheduled for -- 12/10/2019 at 10:00AM PT

(c) Participants will meet at -- USGS 345 Middlefield Road, Building 1C Menlo Park, CA 94025.

(End of Provision)

Attachment C Page 15 of 148

52.252-01 Provisions Incorporated By Reference (Feb 1998)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):http://www.acquisition.gov/far/ and http://farsite.hill.af.mil/vffara.htm

52.204-7 System for Award Management OCT 2018 52.204-8 Annual Representations and Certifications

(full text provided above)

OCT 2018

52.204-16 Commercial and Government Entity Code Reporting

JUL 2016

52.204-22 Alternative Line Item Proposal JAN 2017 52.214-34 Submission of Offers in the English

Language

APR 1991

52.214-35 Submission of Offers in U.S. Currency APR 1991 52.222-5 Construction Wage Rate Requirements—

Secondary Site of the Work

MAY 2014

52.222-22 Previous Contracts and Compliance Reports

FEB 1999

52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction

FEB 1999

52.223-1 Biobased Product Certification MAY 2012 52.223-4 Recovered Material Certification MAY 2008 52.223-22 Public Disclosure of Greenhouse Gas

Emissions and Reduction Goals— Representation

DEC 2016

52.225-10 Notice of Buy American Requirement— Construction Materials (full text provided above)

MAY 2014

52.236-27 Site Visit (Construction)--Alternate I (full text provided above)

FEB 1995

(End of Provision)

APPLICABLE LOCAL PROVISIONS

GS2102 Incurring Costs

The Contracting Officer is the only person who can legally obligate the Government for the expenditure of public funds. Costs shall not be incurred by recipients of this solicitation in anticipation of receiving direct reimbursement from the Government. It is understood that your bid/proposal will become part of the official file on this matter without obligation to the Government.

(End of Provision) http://www.acquisition.gov/far/ http://www.acquisition.gov/far/ http://farsite.hill.af.mil/vffara.htm

Attachment C Page 16 of 148

GS2116 Distortions in Drawings (JUL 2001)

Offerors are cautioned that accurate scales may not be obtainable from maps or drawings contained in this solicitation, due to reduction of drawings and/or distortions which occur in the xerographic reproduction process. Offerors should rely on actual dimensions or distances shown and should request clarification or additional measurement data where information on maps or drawings is contradictory, inaccurate or incomplete.

(End of Provision)

APPLICABLE CLAUSES

52.211-10 Commencement, Prosecution, and Completion of Work (Apr 1984)

The Contractor shall be required to

(a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed,

(b) prosecute the work diligently, and

(c) complete the entire work ready for use not later than 90 days from the date of award. The time stated for completion shall include final cleanup of the premises.

(End of Clause)

52.225-9 Buy American-Construction Materials

(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

Attachment C Page 17 of 148 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 the 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows: ______ [Contracting Officer to list applicable excepted materials or indicate “none”]

Attachment C Page 18 of 148

(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.

(c) Request for determination of inapplicability of the Buy American statute.

(1)

(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including--

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor

Attachment C Page 19 of 148 does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material.

However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison

Construction material description Unit of measure Quantity Price (dollars) * Item 1 Foreign construction material Domestic construction material Item 2 Foreign construction material Domestic construction material

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.]

[Include other applicable supporting information.]

[*Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).]

(End of Clause)

52.228-13 Alternative Payment Protections (Jul 2000)

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

Payment Bond

Irrevocable Letter of Credit (ILC)

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

Attachment C Page 20 of 148

(c) The submission of the payment protection is required within 10 days of contract award.

(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.

(End of Clause)

52.252-02 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):

http://www.acquisition.gov/far/ and http://farsite.hill.af.mil/vffara.htm

52.203-12 Limitation on Payments to Influence Certain Federal Transactions

OCT 2010

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

JAN 2017

52.204-2 Security Requirements AUG 1996 52.204-9 Personal Identity Verification of Contractor

Personnel

JAN 2011

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

OCT 2018

52.204-12 Unique Entity Identifier Maintenance OCT 2016 52.204-13 System for Award Management

Maintenance

OCT 2018

52.204-14 Service Contract Reporting Requirements OCT 2016 52.204-18 Commercial and Government Entity Code

Maintenance

JUL 2016

52.204-19 Incorporation by Reference of Representations and Certifications

DEC 2014

52.204-21 Basic Safeguarding of Covered Contractor Information Systems

JUN 2016

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

JUL 2018

52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment

OCT 2015

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations

NOV 2015

http://www.acquisition.gov/far/ http://www.acquisition.gov/far/

Attachment C Page 21 of 148

52.211-10 Commencement, Prosecution, and Completion of Work (full text provided above)

APR 1984

52.213-4 Terms and Conditions—Simplified Acquisitions (Other Than Commercial Items)

JAN 2019

52.219-28 Post-Award Small Business Program Rerepresentation

JUL 2013

52.222-3 Convict Labor JUNE 2003 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 JULY 2005 52.222-10 Compliance with Copeland Act

Requirements

FEB 1988

52.222-11 Subcontracts (Labor Standards) MAY 2014 52.222-12 Contract Termination—Debarment MAY 2014 52.222-13 Compliance with Construction Wage Rate

Requirements and Related Regulations

MAY 2014

52.222-14 Disputes Concerning Labor Standards FEB 1988 52.222-15 Certification of Eligibility MAY 2014 52.222-21 Prohibition of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-26 Equal Opportunity--Alternate I FEB 1999 52.222-27 Affirmative Action Compliance

Requirements for Construction

APR 2015

52.222-36 Equal Opportunity for Workers with Disabilities

JUL 2014

52.222-36 Equal Opportunity for Workers with Disabilities--Alternate I

JUL 2014

52.222-37 Employment Reports on Veterans FEB 2016 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

52.223-3 Hazardous Material Identification & Material Safety Data

JAN 1997

52.223-3 Hazardous Material Identification & Material Safety Data--Alternate I

JUL 1995

52.223-5 Pollution Prevention & Right-To-Know Information

MAY 2011

52.223-5 Pollution Prevention & Right-To-Know Information--Alternate I

MAY 2011

52.223-5 Pollution Prevention & Right-To-Know Information--Alternate II

MAY 2011

Attachment C Page 22 of 148

52.223-6 Drug-Free Workplace MAY 2001 52.223-15 Energy Efficiency In Energy-Consuming

Products.

JUN 2016

52.223-17 Affirmative Procurement of EPA- Designated Items in Service and Construction Contracts.

JUN 2016

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving

DEC 2007

52.223-20 Aerosols AUG 2011 52.223-21 Foams MAY 2011 52.224-1 Privacy Act Notification JUN 2016 52.224-2 Privacy Act JUN 2016 52.225-9 Buy American—Construction Materials

(full text provided above)

JAN 2017

52.225-13 Restrictions on Certain Foreign Purchases JAN 2017 52.228-2 Additional Bond Security JUN 1987 52.228-11 Pledges of Assets APR 1984 52.228-12 Prospective Subcontractor Requests for

Bonds

JAN 1997

52.228-13 Alternative Payment Protections (full text provided above)

JUL 2000

52.228-14 Irrevocable Letter of Credit MAY 2014 52.232-5 Payments under Fixed-Price Construction

Contracts

APR 1984

52.232-27 Prompt Payment for Construction Contracts APR 1984 52.232-33 Payment by Electronic Funds Transfer—

System for Award Management

MAY 2014

52.232-39 Unenforceability of Unauthorized Obligations

MAY 2014

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

MAY 1999

52.233-1 Disputes JUN 2013 52.233-1 Disputes--Alternate I MAY 2014 52.233-3 Protest after Award DEC 1991 52.233-4 Applicable Law for Breach of Contract

Claim

DEC 1991

52.236-2 Differing Site Conditions OCT 2004 52.236-5 Material and Workmanship APR 1984 52.236-6 Superintendence by the Contractor APR 1984 52.236-7 Permits and Responsibilities APR 1984 52.236-8 Other Contracts APR 1984 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

NOV 1991

52.236-10 Operations and Storage Areas APR 1984 52.236-11 Use and Possession Prior to Completion APR 1984 52.236-12 Cleaning Up APR 1984 52.236-13 Accident Prevention APR 1984 52.236-13 Accident Prevention--Alternate I APR 1984

Attachment C Page 23 of 148

(End of Clause)

52.236-14 Availability and Use of Utility Services NOV 1991 52.236-21 Specifications and Drawings for

Construction

APR 1984

52.236-21 Specifications and Drawings for Construction--Alternate I

APR 1984

52.236-26 Preconstruction Conference APR 1984 52.242-14 Suspension of Work FEB 1995 52.243-5 Changes and Changed Conditions APR 1984 52.244-6 Subcontracts for Commercial Items APR 1984 52.245-1 Government Property OCT 2010 52.245-9 Use and Charges APR 2012 52.246-12 Inspection of Construction APR 2012 52.246-21 Warranty of Construction DEC 2014 52.249-10 Default (Fixed-Price Construction) OCT 2015 52.253-1 Computer Generated Forms FEB 2009

Attachment C Page 24 of 148

APPLICABLE LOCAL CLAUSES

GS0231 - Technical Liaison-Technical Direction (Jul 2018)

(a) The performance required herein shall be subject to the technical direction of the Technical Liaison (TL) as identified below. As used herein, "technical direction" is defined as direction to the contractor that fills in details, suggests possible lines of approach, or otherwise supplements the scope of the work set forth herein and shall not constitute a new assignment, and does not supersede or modify any article or clause of this contract.

(b) The Technical Liaison is not authorized to perform, formally or informally, any of the following actions:

(1) Promise, award, agree to award, or execute any contract modification, or notice of intent that changes or may change this contract;

(2) Waive or agree to modification of the delivery schedule;

(3) Make any final decision on any contract matter subject to the Disputes Clause;

(4) Terminate, for any reason, the contractor's right to proceed;

(5) Obligate in any way, the payment of money by the Government. Only a warranted Contracting Officer is authorized to obligate funds on this or any other contract action.

(c) The contractor shall immediately notify the Contracting Officer in writing if the Technical Liaison has taken an action (or fails to take action) or issues direction (written or oral) that the contractor considers to exceed the above limitations.

(d) The Technical Liaison assigned for this contract is:

To be announced at time of award.

(e) Only the Contracting Officer may designate a different Technical Liaison.

(End of Clause)

1452.204-70 Release of Claims – Department of the Interior (Jul 1996)

After completion of work and prior to final payment, the Contractor shall furnish to the Contracting Officer a release of claims against the United States relating to this contract. The Release of Claims form (DI-137) shall be used for this purpose. The form provides for exception of specified claims from operation of the release.

GS0339 Green Acquisition (Jul 2018)

The USGS is committed to promoting the natural environment and protecting the health and well-being of people. In the performance of work under this contract, the Contractor shall exert its best efforts to provide services in a manner that will promote the natural environment and protect health and well-being.

Green purchasing or environmentally preferable contracting includes the initiatives described below:

Alternative Fuels and Vehicles are described at http://www.afdc.energy.gov/afdc/

1. Biobased Products are described at http://www.biopreferred.gov/

Attachment C Page 25 of 148

2. Energy efficient products are described at http://energystar.gov/products for Energy Star products and at http://www.eere.energy.gov/femp/procurement for FEMP designated products

3. Environmentally Preferable Computers are described at http://www.epeat.net

4. Non-Ozone Depleting Products are described at http://www.epa.gov/Ozone/snap/index.html

5. Recycled Products are described at http://epa.gov/cpg

6. Water efficient products are described at http://epa.gov/watersense/

(End of Clause)

GS0347 Indoor Air Quality During Construction (Mar 2008)

Indoor Air Quality During Construction

(a) The contractor shall control contaminants at the source and/or operate the space in such a manner that the GSA indicator levels for carbon monoxide (CO), carbon dioxide (CO2 ), and formaldehyde (HCHO) are not exceeded. The indicator levels for office areas shall be:

CO - 9 parts per million (ppm) time-weighted average (TWA - 8-hour sample);

CO2 - 1000 ppm (TWA);

formaldehyde - 0.1…

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