Sol_140L3718R0005.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

6. PROJECT NO. 4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

IMPORTANT -- The "offer" section on the reverse must be fully completed by offeror.

9.

INFORMATION

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

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

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

0040369089

BLM FA-NTL INTRAGCY FIRE CTR(FA250)

3833 S. DEVELOPMENT AVE.

BOISE ID 83705

LFA

Ellen Green (208) 387-5358

112/05/2017

140L3718R0005

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

National Interagency Fire Center (NIFC) 205 - Paraloft (PAR): Replacement of the existing air handling units and associated miscellaneous existing equipment for connection to the existing building utilities, ductwork, and hydronic piping. This includes connection the two new multi-zone air handling units to the campus building automation system (BAS).

Attachment 1: Prologue

Attachment 2: Bid Schedule

Attachment 3: Plans/Drawings

Attachment 4: Specifications

Attachment 5: Wage Rate Determination

Attachment 6: Past Performance Questionaire

11. The Contractor shall begin performance

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

award, notice to proceed. The performance period is mandatory negotiable. (See ________________________________________________.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and is not required.is, b. An offer guarantee

c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

d. Offers providing less than

12b. CALENDAR DAYSYES NO

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

0 160 calendar days and complete it within ________________ ________________ calendar days after receiving

Section F, Clause 52.211-10

02/05/2018

NSN 7540-01-155-3212

x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time calendar days for Government acceptance after the date offers are due will not be considered and will be rejected . _________________

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within ____________________ calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in item 13d. Failure to insert any number means the offeror accepts the minimum in item 13d.)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)

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

CODE FACILITY CODE

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

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

AMENDMENT NO.

DATE.

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

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this document and return (Contractor is not required to sign this document.)

Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award.

No further contractual document is necessary.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31a. NAME OF CONTRACTING OFFICER (Type or print)

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. DATE

BY

2PAGE OF

BLM FA-NTL INTRAGCY FIRE CTR(FA250)

3833 S. DEVELOPMENT AVE.

BOISE ID 83705

LFA

Jeffrey Worthley

28. NEGOTIATED AGREEMENT 29. AWARD

Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, copies to issuing office.)

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

STANDARD FORM 1442 (REV. 4-85) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 3

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140L3718R0005

Legacy Doc #: BLM

Delivery: 08/05/2018

Delivery Location Code: 0004276345

BLM-FA NATIONAL INTERAGENCY FIRE CE

3833 S DEVELOPMENT AVE

BOISE ID 83705 US

FOB: Destination

Period of Performance: 02/16/2018 to 08/17/2018

00010 NIFC 205 PAR AHU replacement

Period of Performance: 03/01/2018 to 08/05/2018

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

Sponsored by GSA

FAR (48 CFR) 53.110

Document No.

140L3718R0005 Document Title NIFC Air Handling Unit Replacement Project Page 1 of 38

140L3718R0005

NIFC Air Handling Unit Replacement Project Boise, ID

Type of Contract: Construction, Firm Fixed Priced (FFP), single Award Contract County: Ada County, Idaho Type of Construction: Building Magnitude: $250-$500K NAICS: 2388220 SET-ASIDE: Small Business Award Selection Process: Lowest Price, Technically Acceptable Contracting Officer: Jeff Worthley Email: jworthley@blm.gov Phone: 208-387-5546

Document Title NIFC Air Handling Unit Replacement Project Page 2 of 38

INFORMATION TO OFFEROR

SITE VISIT: See Section L, Clause 52.236-27, Site Visit

1. 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 are urged and expected to inspect the site where the work will be performed.

2. Only one site visit will be conducted by the Bureau of Land Management as follows:

a. Date: Tuesday, January 9, 2018

b. Time: 10:00 A.M. (Local Time)

c. Meeting Place: Bureau of Land Management National Interagency Fire Center 3833 South Development Avenue Building 106, Suite 1200 Boise, ID 83705

d. Point of Contact: Ellen Green Bureau of Land Management National Interagency Fire Center 3833 South Development Avenue Building 106, Suite 1200 Boise, ID 83705

Telephone: 208-387-5358

QUESTIONS DUE: 19 JANUARY 2018 1:00 PM LOCAL MOUNTAIN TIME

All questions must be submitted in writing. No questions will be accepted via phone calls.

Ellen Green, eegreen@blm.gov

PROPOSAL SUBMITTAL INFORMATION: DUE DATE: 5 FEBRUARY 2018 9:00 AM LOCAL

MOUNTAIN TIME

Document Title NIFC Air Handling Unit Replacement Project Page 3 of 38

TABLE OF CONTENTS

PART I – THE SCHEDULE

SECTION B – PRICE SCHEDULE – SUPPLEMENT TO SF 1442

SECTION C: SPECIFICATIONS/DRAWINGS ……………………………………………………………………...6

SECTION D: PACKAGING AND MARKING ……………………………………………………………………...7

SECTION E: INSPECTION AND ACCEPTANCE …………………………………………………………………8

SECTION F: DELIVERIES OR PERFORMANCE ………………………………………………………………

SECTION G: CONTRACT ADMINISTRATION DATA …………………………………………………………..10

SECTION H: SPECIAL CONTRACT REQUIRMENTS …………………………………………………………...11

PART II – CONTRACT CLAUSES

SECTION I: CONTRACT CLAUSES ………………………………………………………………………………13

PART III – LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

SECTION J: LIST OF ATTACHMENTS …………………………………………………………………………..26

SECTION K: REPRESENTATIONS, CERTIFCATIONS, AND OTHER STATEMENTS OF OFFERORS …….27

SECTION L: INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS ………………………………33

SECTION M: EVALUATION FACTORS FOR AWARD …………………………………………………………39

Document Title NIFC Air Handling Unit Replacement Project Page 4 of 38

SIGNATURE EXTENSION PAGE

All persons participating in a "joint venture" shall sign as contractors, when submitting a bid. Spaces are provided below for additional signatures. If a written acceptance is required, then all signatures on the bid will be required on the written acceptance.

By: _______________________________________ By: ______________________________________

Name & Title: ______________________________ Name & Title: ______________________________

Address: __________________________________ Address: _________________________________

By: _______________________________________ By: ______________________________________

Name & Title: ______________________________ Name & Title: ______________________________

Address: __________________________________ Address: _________________________________

By: _______________________________________ By: ______________________________________

Name & Title: ______________________________ Name & Title: ______________________________

Address: __________________________________ Address: __________________________________

For persons involved in a "partnership" this bid must be signed in the partnership name. The contractor shall be prepared to furnish the Government, upon demand, a list of all partners, and proof that they have authority to sign for the partnership.

Document Title NIFC Air Handling Unit Replacement Project Page 5 of 38

SECTION B PRICE SCHEDULE – SUPPLEMENT TO SF 1442

B.1 SCHEDULE OF ITEMS

DESCRIPTION QUANTITY UNIT

UNIT

PRICE

TOTAL

PRICE

1. Mobilization & Construction Management 1 LS

2. Demolition 1 LS

3. Heating, Ventilating anf Air Conditioning 1 LS

4. Electrical 1 LS

TOTAL OFFER (ALL OR NONE) $___________________

Period of Performance:

Award anticipated February 16, 2018 Anticipated period of performance approximately: 160 days, late February 2018-mid-August 2018 Expected lead time for ordering necessary supplies and equipment is 10 to 12 weeks.

Physical work may not begin on site until June 13, 2018

ALL PROJECT WORK MUST BE COMPLETED BY AUGUST 15, 2018

Contractor is expected to work evenings and weekends as necessary to meet completion deadline

Document Title NIFC Air Handling Unit Replacement Project Page 6 of 38

SECTION C SPECIFICATIONS/DRAWINGS

C.1 SPECIFICATIONS

See Section J for additional attachments to include project specifications and drawings.

Specifications and Drawings are in a separate attached file.

Document Title NIFC Air Handling Unit Replacement Project Page 7 of 38

SECTION D – PACKAGING AND MARKING

Packaging and marking of deliverables shall be IAW the Contractor’s standard commercial practices.

Document Title NIFC Air Handling Unit Replacement Project Page 8 of 38

SECTION E – INSPECTION AND ACCEPTANCE

E.1 CLAUSES INCORPORATED BY REFERENCE

Clause Title Date

52.246-12 Inspection of Construction August 1996

52.246-13 Inspection -- Dismantling, Demolition, or Removal of Improvements August 1996

52.246-21 Warranty of Construction March 1994

FINAL INSPECTION AND ACCEPTANCE

Final completion of the punch list items, submission of all required submittals, and final cleanup of the project site shall be accomplished before the contract’s required completion date. The Contracting Officer or his/her designated representative will perform final inspection. Acceptance of the work will occur only upon written notice of acceptance by the Contracting Officer or any other warranted Contracting Officer at the National Operations Center (NOC), Bureau of Land Management (BLM) performing authorized duties in conjunction with this contract. The contracts required completion date is 120 calendar days after receipt of the notice to proceed.

(END OF SECTION)

Document Title NIFC Air Handling Unit Replacement Project Page 9 of 38

SECTION F – DELIVERIES OR PERFORMANCE

F.1 52.252-02 CLAUSES INCORPORATED BY REFERENCE

Clause Title Date 52.211-13 Time Extensions September 2000 52.242-14 Suspension of Work April 1984

CLAUSES INCORPORATED BY FULL TEXT

F.2 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF

WORK

APRIL 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 April 30, 2018. The time stated for completion shall include final cleanup of the premises.

(END OF SECTION)

Document Title NIFC Air Handling Unit Replacement Project Page 10 of 38

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 PROCUREMENT OFFICE REPRESENTATIVE

The Procurement Office Representative for this requirement is:

Ellen Green Bureau of Land Management National Interagency Fire Center 3833 South Development Avenue Boise, ID 83705

Telephone: 208-387-5358

G.2 CONTRACTING OFFICER’S REPRESENTATIVE (COR) AND/OR PROJECT INSPECTOR (PI)

The COR and/or Project Inspector (PI) will be appointed by the Contracting Officer upon award of the contract. Such COR/PI will be responsible for giving the Contractor any special instructions or guidance necessary to complete delivery as required by the contract. The COR or PI does not have the authority to modify the terms of this contract.

G.3 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS – INVOICE

PROCESSING PLATFORM (IPP)

(APRIL 2013)

Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP).

"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov .

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:

1. Invoice date and Government Contract Number

2. Billing period specified with beginning and ending dates. The beginning date must not be later than the completion date or within any previous billing dates.

3. The accounting must follow the approved schedule of values as described in the specification attachment.

4. Total amount due for the billing period

5. Certification of Progress Payment

6. Payrolls (Mail weekly)

7. Substantiation of Subcontractor Payment

8. 52.223-9 Certification with final payment request.

9. A Release of Claims (See 1452.204-70) with a request for final payment.

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive

Document Title NIFC Air Handling Unit Replacement Project Page 11 of 38 enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) within 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

(End of Local Clause)

G-4 LOCAL INTERNET PAYMENT PLATFORM (IPP) HOTLINE

To check payment status, contact the Payment Hotline at 877-480-9724 or 303-236-2850. You will need to leave a message with the following information:

1. Company Name

2. Contract Number

3. Invoice Number

4. Invoice Amount

5. A brief description of why you are calling

6. Your contact information

If you do not receive a callback from the Payment Hotline within 72 hours, please contact the Contract Officer with the day and time you contacted the Payment Hotline.

(End of Template)

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 WORK HOURS

Work hours under this contract shall be limited to the time between regular office hours which are 7:00 am – 4:30 pm, Monday through Friday. No work will be done on Saturday, Sunday, or legal National Holidays or Federal Holidays unless authorized by the COR.

National and Federal Holidays to be observed are:

News Year Day Independence Day Labor Day Memorial Day Martin Luther King’s Birthday Columbus Day President’s Day Veteran’s Day Thanksgiving Day Christmas Day

The Contractor shall observe any other day designated by Federal statute, Executive Order or the Presidential proclamation.

Document Title NIFC Air Handling Unit Replacement Project Page 12 of 38

When any such day falls on a Saturday, the preceding Friday is observed; when any such day falls on a Sunday, the following Monday is observed. All personnel assigned to perform under this contract shall limit their observation of holidays to those set forth above.

H.2 COMMUNICATIONS

“Time” for communications received after 3:00pm, after 12:00pm locally on Fridays, or after 12:00pm locally prior to a holiday will not start until the next business day. All times are local Mountain Standard Time.

H.3 FIRE DANGER SEASON

If the COR allows the Contractor to continue work during periods of declared fire danger or season, the Contractor shall comply with all applicable state laws relating to fire prevention and with all special conditions of work as directed by the COR.

H.4 PRESERVATION OF HISTORICAL AND ARCHEOLOGICAL DATA

(a) Public Law 93-291, May 24, 1974, provides for the preservation of scientific, prehistorical, and archeological data (including relics and specimens) which might otherwise be lost due to alteration of the terrain as a result of any Federal construction project.

(b) The Contractor agrees that should he or any of his employees in the performance of this contract discover evidence of possible scientific, prehistorical, historical, or archeological data he will notify the Contracting Officer immediately in writing giving the location and nature of the findings.

(c) Where appropriate by reason of discovery, the Contracting Officer may order delays in the time of performance and/or changes in the work. If such delays and/or changes are ordered, the time of performance and contract price shall be adjusted in accordance with the applicable clauses in the Contract Clauses Section of this contract.

(d) The Contractor agrees to insert this paragraph in all subcontracts which involve the performance of work on the terrain of the site.

H.5

ENVIRONMENTAL IMPACT

All waste materials generated by any work under the contract performed on a Government installation shall at all times be handled, transported, stored, and disposed of by the contractor and by his subcontractors in accordance with all applicable Federal, state, and local laws, ordinances, regulations, court orders, and other types of rulings having the effect of the law, including, but not limited to Executive Order 12088, 13 October 1978, Federal Compliance with Pollution Control Standards; the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 ET SEQ); the Clean Air Act as amended (42 U.S.C. Sec 7401 ET SEQ); the Endangered Species Act, as amended (16 U.S.C. Sec 1531, ET SEQ); the Toxic Substances Control Act, as amended (15 U.S.C. Sec 2601, ET SEQ); the National Historic Preservation Act, as amended (16 U.S.C. Sec 470, ET SEQ); the Solid Waste Disposal Act, as

Document Title NIFC Air Handling Unit Replacement Project Page 13 of 38 amended (42 U.S.C. 6901 ET SEQ); and the Archaeological and Historic Preservation Act, as amended (16 U.S.C. Sec 469, ET SEQ). Should the United States Government be held liable for any neglect or improper actions by the contractor or any subcontractor regarding removal or disposal of any hazardous waste, the contractor shall reimburse the Government for all such liability.

H.6 EXTENT OF OBLIGATION

The Government obligation for performance of this contract beyond the award price is contingent upon the availability of funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond the amount that has been authorized through the issuance of contract modification, or change order by the Contracting Officer. The funded amount is stated as the “Total.”

Document Title NIFC Air Handling Unit Replacement Project Page 14 of 38

PART II

SECTION I -- CONTRACT CLAUSES

I.1 CLAUSES INCORPORATED BY REFERENCE

Cla use

T i t l e

Da te

52.202-1 Definitions November 2013

52.203-3 Gratuities April 1984

52.203-5 Covenant Against Contingent Fees May 2014

52.203-7 Anti-Kickback Procedures May 2014

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity

May 2014

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity May 2014

52.203-12 Limitation On Payments To Influence Certain Federal Transactions October 2010

52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights

April 2014

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

January 2017

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper May 2011

52.204-9 Personal Verification Contractor Personnel January 2011

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards October 2016

52.204-13 System for Award Management Maintenance October 2016

52.204-14 Service Contract Reporting Requirements October 2016

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

October 2015

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters July 2013

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations November 201552.215-2 Audit and Records – Negotiation October 2010

52.215-8 Order of Precedence- Uniform Contract Format October 1997

52.215-21 Requirements for Certified Cost or Pricing Data and Data Other than Certified Cost or Pricing Data – Modifications Alternate III

October 2010

52.219-6 Notice of Total Small Business Set Aside November 2011 52.219-8 Utilization of Small Business Concerns November 2016 52.219-14 Limitations on Subcontracting January 2017 52.219-28 Post-Award Small Business Program Representation July 2013 52.222-1 Notice To The Government Of Labor Disputes February 1997

52.222-3 Convict Labor June 2003

52.222-4 Contract Work Hours and Safety Standards Act - Overtime Compensation May 2014

Document Title NIFC Air Handling Unit Replacement Project Page 15 of 38

52.222-6 Construction Wage Requirements May 2014 52.222-7 Withholding of Funds May 2014 52.222-8 Payrolls and Basic Records May 2014 52.222-9 Apprentices and Trainees July 2005 52.222-10 Compliance with Copeland Act Requirements February 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 Act

Regulations May 2014

52.222-14 Disputes Concerning Labor Standards February 1988 52.222-15 Certification of Eligibility May 2014 52.222-21 Prohibition of Segregated Facilities April 2015 52.222-26 Equal Opportunity September

201652.222-27 Affirmative Action Compliance Requirements for Construction April 2015 52.222-35 Equal Opportunity for Veterans October 2015

52.222-36 Equal Opportunity for Workers with Disabilities July 2014 52.222-37 Employment Reports Veterans February 2016

52.222-40 Notification of Employee Rights Under the National Labor Relations Act December 2010

52.222-50 Combating Trafficking in Persons March 2015 52.222-54 Employment Eligibility Verification October 2015 52.222-55 Establishing a Minimum Wage for Contractors 13658 December 2015 52.223-2 Affirmative Procurement of Biobased Products Under Service and

Construction Contracts September

52.223-3 Hazardous Material Identification and Material Safety Data January 1997 52.223-5 Pollution Prevention and Right-to-Know Information May 2011 52.223-6 Drug Free Workplace May 2001

52.223-15 Energy Efficiency in Energy-Consuming Products December 2007 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction

Contracts May 2008

52.223-18 Encouraging Contractor Policy to Ban Text Messaging While Driving August 2011

52.223-21 Foams June 2016

52.225-13 Restrictions on Certain Foreign Purchases June 2008

52.227-1 Authorization and Consent December 2007

52.227-4 Patent Indemnity – Construction Contracts December 2007

52.228-2 Additional Bond Security October 1997

52.228-5 Insurance – Work on a Government Installation January 1997

52.228-11 Pledges of Assets January 2012

52.228-12 Prospective Subcontractor Requests for Bonds May 2014

52.228-14 Irrevocable Letter of Credit November 2014 52.228-15 Performance and Payment Bond – Construction October 2010 52.229-3 Federal, State And Local Taxes February 2013

Document Title NIFC Air Handling Unit Replacement Project Page 16 of 38

52.232-5 Payments under Fixed-Price Construction Contracts May 2014

52.232-17 Interest May 2014

52.232-23 Assignment Of Claims May 2014

52.232-27 Prompt Payment for Construction Contracts January 2017

52.232-33 Payment by Electronic Funds Transfer-- System for Award Management July 2013

52.232-39 Unenforceability of Unauthorized Obligations June 2013

52.232-40 Providing Accelerated Payments to Small Business Subcontractors December 2013

52.233-1, Alt 1 Disputes May 2014 December 1991

52.233-3 Protest After Award August 1996 52.233-4 Applicable Law for Breach of Contract Claim October 2004 52.236-2 Differing Site Conditions April 1984 52.236-3 Site Investigation and Conditions Affecting the Work April 1984

52.236-5 Material and Workmanship April 1984 52.236-6 Superintendence by the Contractor April 1984 52.236-7 Permits and Responsibilities November 1991 52.236-8 Other Contracts April 1984 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and

Improvements.

April 1984

52.236-10 Operations and Storage Areas April 1984 52.236-11 Use and Possession Prior to Completion April 1984

52.236-12 Cleaning up April 1984

52.236-13 Accident Prevention November 1991

52.236-14 Availability and Use of Utility Services April 1984

52.236-15 Schedules for Construction Contracts April 1984

52.236-17 Layout of Work April 1984 52.236-21 Alt 1 Specifications and Drawings for Construction February 1997, April 1984 52.236-26 Preconstruction Conference February 1995 52.242-13 Bankruptcy July 1995 52.242-14 Suspension of Work April 1984

52.243-4 Changes June 2007

52.244-6 Subcontracts for Commercial Items January 2017

52.245-1 Government Property April 2012

52.245-9 Use and Charges April 2012

52.246-12 Inspection of Construction August 1996

52.246-13 Inspection-Dismantling, Demolition, or Removal of Improvements August 1996

52.246-21 Warranty of Construction March 1994 52.248-3 Value Engineering – Construction October 2015 52.249-2, Alt 1 Termination for Convenience of the Government (Fixed-Price), Alternate 1 April 2012

September

Document Title NIFC Air Handling Unit Replacement Project Page 17 of 38

52.249-3 Termination for Convenience of the Government (Dismantling, Demolition, or Removal of Improvements

April 2012

52.249-10, Alt I Default (Fixed-Price Construction) April 1984 52.253-1 Computer Generated Forms January 1991

DIAR 1452.201-70 Authorities and Delegations September

DIAR 1452.203-70 Restrictions on Endorsements – Department of the Interior July 1996

DIAR 1452.204-70 Release of Claims – Department of the Interior July 1996

DIAR 1452.215-70 Examination of Records – Department of the Interior April 1984

DIAR 1452.236-70 Prohibition Against Use of Lead-Based Paint – Department of the Interior July 1996

DIAR 1452.237-70 Information Collection – Department of the Interior July 1996

CLAUSES INCORPORATED BY FULL TEXT

52.225-09 BUY AMERICAN ACT - CONSTRUCTION MATERIALS May 2014

(a) Definitions. As used in this clause-- “Commercially available off-the-shelf (COTS) item”—

(1) Means any item of supply (including construction material) that is—

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101); (ii) Sold in substantial quantities in the commercial marketplace; and

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

(2) Does not include bulk cargo, as defined in section 3 of the Shipping Act of 1984 (46 U.S.C. App.

1702), such as agricultural products and petroleum products.

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

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

“Cost of components” means--

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

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit .

Cost of components does not include any costs associated with the manufacture of the construction material.

“Domestic construction material” means—

(1) An unmanufactured construction material mined or produced in the United States; (2) A construction material manufactured in the United States, if—

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or

Document Title NIFC Air Handling Unit Replacement Project Page 18 of 38

(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 Buy American Act (41 U.S.C. 10a-10d) by providing a preference for domestic construction material. In accordance with 41 U.S.C. 431, the component test of the Buy American Act 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: None.

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

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American Act 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 Act 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 Act.

(1)

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

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

(B) Unit of measure;

(C) Quantity

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

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

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

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

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American Act 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 Act applies, use of foreign construction material is noncompliant with the Buy American Act.

Document Title NIFC Air Handling Unit Replacement Project Page 19 of 38

(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).]

52.236-4 PHYSICAL DATA April 1984 Data and information furnished or referred to below is for the Contractor’s information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.

a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by surveys and core borings.

52.252-2 CLAUSES INCORPORATED BY REFERENCE February 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://acquisition.gov/far/index.html .

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSE April 1984

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

(b) The use in this solicitation or contract of any Department of Interior Acquisition Regulation Supplement (DIARS) (48 CFR 14) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

DIARS 1452.228-70 LIABILITY INSURANCE - DEPARTMENT OF THE INTERIOR July 1996

(a) The Contractor shall procure and maintain during the term of this contract and any extension thereof liability insurance in form satisfactory to the Contracting Officer by an insurance company which is acceptable to the Contracting Officer. The named insured parties under the policy shall be the Contractor and the United States of America. The amounts of the insurance shall be not less than as follows:

Workers’ Compensation and Employer’s Liability - $100,000 General Liability - $500,000 Automobile Liability:

$200,000 per person $500,000 per occurrence for bodily injury $20,000 per occurrence property damage http://acquisition.gov/far/index.html

Document Title NIFC Air Handling Unit Replacement Project Page 20 of 38

(b) Each policy shall have a certificate evidencing the insurance coverage. The insurance company shall provide an endorsement to notify the Contracting Officer 30 days prior to the effective date of cancellation or termination of the policy or certificate; or modification of the policy or certificate which may adversely affect the interest of the Government in such insurance. The certificate shall identify the contract number, the name and address of the Contracting Officer, as well as the insured, the policy number and a brief description of contract services to be performed. The contractor shall furnish the Contracting Officer with a copy of an acceptable insurance certificate prior to beginning the work.

Document Title NIFC Air Handling Unit Replacement Project Page 21 of 38

PART III

SECTION J -- LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

J.1 PROLOGUES

A04 Statement of Work - AHU Replacement Prologue

J.2 BID SCHEDULE

A04 Statement of Work – AHU Replacement Bid Schedule

J.3 PLANS / DRAWINGS

A06 Drawings / Specifications – AHU Replacement Plans

J.4 SPECIFICATIONS

A06 Drawings / Specifications – AHU Replacement Specs

J.5 DEPARTMENT OF LABOR WAGE DETERMINATIONS

Department of Labor Wage Determinations for Ada County, Idaho

Construction wage rate requirements are applicable to this project. Current prevailing wage determination(s) at time of issuance of solicitation are included in this Section.

In the event the current prevailing Wage Determination is changed by the Department of Labor prior to the closing date of this solicitation, it is the offeror’s responsibility to insure the most recent determination is used in preparing the proposal. An amendment will not be issued prior to closing to change Wage Determination dates and/or numbers. Should the wage rate change after closing, but prior to award, the updated Wage Determination will be incorporated by amendment and issued to all offerors submitting a proposal. If applicable, these offerors/contractors will be given an opportunity to provide revised proposals solely to amend proposals due to Wage Determination changes. If the wage determination modification does not change any affected wage rates then the provisions of FAR 22.404-5(c)(4) will apply.

Applicable wage rates can be found at http://www.wdol.gov http://www.wdol.gov/

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SECTION K -- REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF

OFFERORS

PROVISIONS INCORPORATED BY REFERENCE

Clause Title Date

52.204-16 Commercial and Government Entity Code Reporting July 2016

52.204-19 Incorporation by Reference of Representations and Certifications December 2014

52.236-28 Preparation of Proposal - Construction October 1997

PROVISIONS INCORPORATED BY FULL TEXT

52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL

CONFIDENTIALITY AGREEMENTS OR STATEMENTS – REPRESENTATION January 2017

(a) Definition. As used in this provision-- “Internal confidentiality agreement or statement”, “subcontract”, and “subcontractor”, are defined in the clause at 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.

(b) In accordance with 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), Government agencies are not permitted to use funds appropriated (or otherwise made available) for contracts with an entity that requires employees or subcontractors of such entity seeking to report waste, fraud, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(c) The prohibition in paragraph (b) of this provision does not contravene requirements applicable to Standard Form 312, (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(d) Representation. By submission of its offer, the Offeror represents that it will not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS January 2017 (a)

(1) The North American Industry classification System (NAICS) code for this acquisition is __238110

(2) The small business size standard is ___$36.5 million___.

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

(b)

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

(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in the System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certification in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

[X] (i) Paragraph (d) applies.

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P466_70131

Document Title NIFC Air Handling Unit Replacement Project Page 23 of 38

[_] (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.

(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.

(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) 52.222-57, Representation Regarding Compliance with Labor Laws (Executive Order 13673). This provision applies to solicitations expected to exceed $50 million which are issued from October 25, 2016 through April 24, 2017, and solicitations expected to exceed $500,000, which are issued after April 24, 2017.

Note to paragraph (c)(1)(xvi): By a court order issued on October 24, 2016, 52.222-57 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction.

At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

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

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

(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals—Representation. This provision

Document Title NIFC Air Handling Unit Replacement Project Page 24 of 38 applies to solicitations that include the clause at 52.204-7.

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

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

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

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

(C) If the acquisition value is $50,000 or more but is less than $77,533, the provision with its Alternate II applies.

(D) If the acquisition value is $79,507 or more but is less than $100,000, the provision with its Alternate III applies.

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

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

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

(xxv) 52.226-2, Historically Black College or University and…