140R3019R0016_Building_500_Remodel-Amendment_1.pdf

Solicitation No.: 140R3019R00016 Contract No.: TBD Set Aside: 100% HubZone

USGS Building 500 Remodel Boulder City, Nevada

U.S. Department of the Interior Bureau of Reclamation Lower Colorado Region 2019 Boulder City, Nevada

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Part I – Section A

– Solicitation, Offer and Award

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FOREWORD

The Bureau of Reclamation, Lower Colorado Regional Office located in Boulder City, Nevada 89005 has a requirement to remodel building 500. Building 500 is located at 500 Date Street Campus Boulder City, Nevada 89005. Building 500 remodel includes the renovation of an estimated 14,520 square feet free standing single story building. The work to be performed in building 500 includes roofing upgrade, mechanical unit replacement and electrical upgrades. The renovated building will house USGS Administrative offices, storage and restrooms.

This acquisition is being procured under Federal Acquisition Regulations (FAR) Part 15, Contracting by Negotiation. Offerors are cautioned to carefully review the offer submission requirements contained in Section L and the evaluation criteria and standards contained in Section M. In order to be considered qualified for this work, offerors must fully address all evaluation factors. Reference Section L, for instructions and Section M, for evaluation factors and acceptability standards. The Government anticipates making award without discussions and will not seek clarifications or hold discussions.

MAGNITUDE OF CONSTRUCTION PROJECT: In accordance with FAR 36.204, Disclosure of the Magnitude of Construction Projects, this construction project is estimated to be between $1,000,000.00 and $5,000,000.00.

PERFORMANCE OF WORK REQUIREMENTS/LIMITATIONS ON SUBCONTRACTING: This acquisition is reserved for HUBZone small business concerns. Reference FAR Clause 52.219-3 and 52.219-14 incorporated at Section I.1 for associated performance of work requirements and limitations on subcontracting.

SITE VISIT: A site visit will be held prior to the proposal due date which will allow offerors to walk the site where construction will take place. Reference Section L.8, Site Visit (Construction). The site visit will be held on Thursday, August 29, 2019, at 8:00 a.m., PT. Please contact Francisco (Frank) Fernandez ffernandez@usbr.gov, if you plan to attend. All attendees shall meet at USBR Training Center Bldg 100, 500 Date Street, Boulder City, NV 89005.

WRITTEN QUESTIONS: Reclamation will only accept written questions for this solicitation. Please submit all written questions pertaining to this solicitation only via email to ffernandez@usbr.gov no later than 4:00 P.M., local time, Friday, September 6, 2019. The subject line shall clearly reference the Solicitation Number associated with this solicitation. All written questions will be addressed in an amendment.

OFFER SUBMISSION: For date, time, and place of receipt of offerors, see Standard Form (SF) 1442 (Solicitation, Offer, and Award) in Section A: The place of receipt of offers is Bureau of Reclamation, Acquisition and Assistance Management Office, Attn: Francisco (Frank) Fernandez (LC-10303), 500 Date Street, Bldg 900, Boulder City, NV 89005.

For information regarding Bureau of Reclamation’s Publications Entitled “Reclamation Safety and Health Standards” (version that is in effect when the contract is signed will govern), which are applicable to work under this contract, see solicitation Section I.16 1452.223-81, Safety and Health. The electronic version of the publication can be found at http://www.usbr.gov/ssle/safety/RSHS/rshs.html

Non-Discrimination Notice To U.S. Department of the Interior Contractors, Subcontractors, And Lessors – Bureau of Reclamation--Lower Colorado Region

Based upon law, Executive Order, or internal policy, the Department of the Interior prohibits discrimination in the workplace, including sexual harassment, based on race, color, national origin, sex, religion, disability, age, or sexual orientation. The Department urges its contractors, subcontractors, and lessors to develop and enforce comprehensive anti-discrimination policies for their places of work.

http://www.usbr.gov/ssle/safety/RSHS/rshs.html

Offer and Award

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FOREWORD

TABLE OF CONTENTS i

SECTION A – Solicitation, Offer, and Award (SF-1442) A-1

SECTION B – Supplies or Services and Prices B-1

B.1 The Requirements – Negotiations B-1 B.2 The Schedule B-1

SECTION C -- Descriptions and Specifications C-1

C.1 Statement of Work/Specifications/Work Statement C-1

SECTION D – Packaging and Marketing (There are no clauses in this section) D-1

SECTION E -- Inspection and Acceptance E-1

E.1 Clauses Incorporated By Reference E-1

SECTION F -- Deliveries or Performance F-1 F.1 Clauses Incorporated By Reference F-1 F.2 Commencement, Prosecution, and Completion of Work F-1

SECTION G -- Contract Administration Data G-1

G.1 Authorities and Delegations G-1 G.2 Postaward Conference – Bureau of Reclamation G-1 G.3 Government Administration Personnel G-2 G.4 Contractor’s Administration Personnel G-2 G.5 Electronic Invoicing and Payment Requirements – Invoice Payment Platform (IPP) G-3

SECTION H -- Special Contract Requirements H-1

H.1 Contractor Performance Assessment Reporting System H-1

SECTION I -- Contract Clauses I-1

I.1 Clauses Incorporated By Reference I-1 I.2

I.3

Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment Contractor Use of Mandatory Sources of Supply or Services

I-3

I-4

I.4 Option for Increased Quantity—Separately Priced Line Item I-4 I.5 Equal Opportunity for Veterans I-4 I.6 Equal Opportunity for Workers with Disabilities I-5 I.7 Buy American Act – Construction Materials I-5 I.8 Bid Guarantee I-8 I.9 Subcontracts for Commercial Items I-8 I.10 Authorized Deviation in Clauses I-10 I.11 Restriction on Endorsements--Department of the Interior I-10 I.12 Release of Claims--Department of the Interior I-10 I.13 Examination for Records by the Department of the Interior I-11 I.14 Liability Insurance--Department of the Interior I-10 I.15 Prohibition Against Use of Lead-Base Paint-- Department of the Interior I-11 I.16 Asbestos-Free Warranty--Bureau of Reclamation I-11 I.17 Safety and Health – Bureau of Reclamation I-11 I.18 Protecting Federal Employees and the Public from Exposure to Tobacco Smoke in the Federal Workplace--Bureau of Reclamation I-12

I.19 Certification of Representatives for Corporate Sureties--Bureau of Reclamation I-12

Offer and Award

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I.20 Equipment Ownership and Operating Expense--Bureau of Reclamation I-13 I.21 Payment for Mobilization and Preparatory Work – Bureau of Reclamation I-14 I.22 Claims Accounting--Bureau of Reclamation I-16 I.23 Other Contracts (DEVIATION) I-16 I.24 Preservation of Cultural Resources--Bureau of Reclamation I-16 I.25 Security Requirements--Bureau of Reclamation I-18 I.26 Modification Proposals--Bureau of Reclamation I-26 I.27 Safety Data Submittal Requirements--Bureau of Reclamation—Lower Colorado

Region I-27

SECTION J – List of Documents, Exhibits and Other Attachments J-1

J.1 Applicability of Documents J-1 J.2 List of Contract Documents J-1

SECTION K – Representations, Certifications and Other Statements of Offerors K-1

K.1 Solicitation Provisions Incorporated by Reference K-1 K.2 K.3

K.4

Annual Representations and Certifications Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment Information Regarding Responsibility Matters

K-2 K-3

K-4

SECTION L – Instructions, Conditions and Notices to Offerors L-1 L.1 Solicitation Provisions Incorporated By Reference L-1 L.2 Availability of Specifications Not Listed in the GSA Index of Federal Specifications, Standards and Commercial Item Descriptions L-1

L.3 Type of Contract L-4 L.4 Construction Wage Rate Requirements – Secondary Site of the Work L-4 L.5 Notice of Requirement for Affirmative Action to Ensure Equal Employment

Opportunity for Construction L-4

L.6 Notice of Buy American Requirement – Construction Materials L-5 L.7 Service of Protest Department of the Interior (DEVIATION) L-6 L.8 Site Visit – Construction L-6 L.9 Authorized Deviations in Provisions L-7 L.10 Use and Disclosure of Proposal Information – Department of the Interior L-7 L.11 Source Evaluation and Selection Procedures – Bureau of Reclamation L-8 L.12 General Proposal Instructions – Bureau of Reclamation L-10 L.13 Technical Proposal Instructions – Bureau of Reclamation L-11 L.14 Pricing Proposal Instructions – Bureau of Reclamation L-15

SECTION M – Evaluation Factors for Award

M.1 Evaluation Of Options Exercised At Time Of Contract Award M-1 M.2 Evaluation Factors for Award – Quality Predominance – Bureau of Reclamation M-1 M.3 Notice of World Trade Organization Government Procurement Agreement

Evaluations--Bureau of Reclamation M-2

Offer and Award

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Part I – Continuation of Section B – Supplies or Services and Prices/Costs

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B-1

CONTINUATION OF

SECTION B – SUPPLIES OR SERVICES AND PRICES

B.1 THE REQUIREMENTS - NEGOTIATION

(a) The Contractor shall furnish the items identified in this Section, in accordance with the terms, conditions, and specifications contained in the solicitation.

(b) Offerors are cautioned to carefully review the proposal submission requirements contained in Section L. Failure to comply with these requirements may result in an offer being determined technically unacceptable.

(c) Offerers will be considered for award on the schedule in Paragraph B.2, (including Optional Schedules 1 for Additive Alternates 18, 19, 20 and 21), but no offer will be considered for award for only a part of the schedules or a part of any single schedule. Offers for only a part of the schedules or parts of a single schedule may be determined technically unacceptable.

(d) Offerors shall complete the schedule(s) in Section B and furnish any additional information required in Section B, as applicable.

(e) The Section I clause entitled "Payment for Mobilization and Preparatory Work" applies to Schedule item(s) for Mobilization and Preparatory Work. Also, see the Section L provision entitled “Instruction for Mobilization and Preparatory Work Schedule Line Item.”

(f) Definitions:

(1) CLIN – Contract Line Item Number

(2) MO - Month

Supplies or Services and Prices/Costs

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B.2 CONTRACT PRICE SCHEDULES

Schedule 1 - Building 500 Remodel

ITEM WORK OR MATERIAL CLIN 00010-

USGS

CLIN 00020-

USBR

CLIN 00030-

USBR AUC

LUMP SUM

TOTAL

1 Division 1: General Conditions & Overhead

2 Division 2: Selective Demolition and Sitework

Roofing Demo $ Parapet Demo (Part of Roof Demo) $

3 Division 5: Metals $ $ Mis Steel-Floor Pedestals $

4 Division 6: Carpentry $ $ Wood Studs (Parapet-

Repairs/Reinstall)

Plywood Sheathing/Parapet $ 5 Division 7: Thermal and Moisture

Protection

Patch Exterior EIFS Wall (Former door to Window)

6 Division 8: Doors & Windows $ $ Bathroom Doors $

7 Division 9: Finishes $ $ 8 Division 10: Specialties $ $ 9 Division 21: Fire Sprinklers $ $

10 Division 22: Plumbing $ $ 11 Division 23: HVAC $

Vibration and Seismic Controls $ Packaged RTU (L) $ Packaged RTU (S) $

ICU/CU 500 $

12 Division 25: Automation and Controls

Commissioning $ 13 Division 26: Electrical $ $ 14 Division 27: Data-

Communications

15 Division 28: Electronic Safety & Security

16 Division 32: Exterior Improvements

17 Division 33: Utilities $ $ Electrical Power from Transformer $

Building 500 Remodel –

SCHEDULE 1 SUBTOTAL

Supplies or Services and Prices/Costs

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*OPTIONAL SCHEDULE 1: ADDITIVE ALTERNATES

18 Option - Skylights $ $ 19 Option - Windows (9) $ $ 20 Option - Paint Exterior $ $ 21 Option – Extended Warranty** 9 MO $ $ 22 Option – Total Roof Replacement $ $

Building 500 Remodel –

OPPTIONAL SCHEDULE 1 SUBTOTAL

Building 500 Remodel - SCHEDULE 1 AND OPTIONAL SCHEDULE

GRAND TOTAL

* OPTIONAL SCHEDULE 1 FOR ADDITIVE ALTERNATES 18, 19, 20, 21 AND 22 MAY BE AWARDED

AT THE TIME OF AWARD. OPTIONAL CLINS ARE SUBJECT TO AVAILABLITY OF FUNDS. THE

AWARDEE WILL BE NOTIFIED IN THE NOTICE OF AWARD. OPTION PRICING SHALL INLUDE ANY

CREDITS FOR REDUCED LABOR/MATERIALS IN THE BASE PRICE.

**EXTENDED WARRANTY SHALL BE IN ADDITION TO 1-YEAR WARRANTY OUTLINED IN FAR

CLAUSE 52.246-21 WARRANTY OF CONSTRUCTION.

Supplies or Services and Prices/Costs

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Part I – Section C – Description/ Specifications/ Statement of Work

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SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 STATEMENT OF WORK/SPECIFICATIONS/WORK STATEMENT

The Contractor shall furnish the necessary personnel, materials, equipment, services, and facilities (except as otherwise specified) to perform the requirement specified in the Statement of Work contained in Attachment No. 1 of this solicitation.

Part I – Section C – Description/ Specifications/ Statement of Work

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Part I – Section D

– Packaging and Marking

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SECTION D – PACKAGING AND MARKING

(There is no additional information in this section)

Part I – Section D

– Packaging and Marking

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D-2

Part I – Section E

– Inspection and Acceptance

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SECTION E – INSPECTION AND ACCEPTANCE

E.1 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):

Federal Acquisition Regulations (FAR) clauses -f; and Department of the Interior Acquisition Regulations (DIAR) clauses - https://www.ecfr.gov/cgi-bin/text-idx?SID=c83bc1f346e91d20ba0ef5a8c2512b45&tpl=/ecfrbrowse/Title48/48chapter14.tpl.

In addition, the clauses can be identified as follows:

FAR - by the number prefix 52, e.g. 52.252-1, etc.;

DIAR - by the number prefix 1452 and number suffix of -70, e.g. 1452.204-70; and RAR - by the number prefix 1452 and number suffix of -80, e.g. 1452.201-80.

Clause Title Date 52.246-12 Inspection of Construction April 1996 https://www.ecfr.gov/cgi-bin/text-idx?SID=c83bc1f346e91d20ba0ef5a8c2512b45&tpl=/ecfrbrowse/Title48/48chapter14.tpl https://www.ecfr.gov/cgi-bin/text-idx?SID=c83bc1f346e91d20ba0ef5a8c2512b45&tpl=/ecfrbrowse/Title48/48chapter14.tpl

Part I – Section E

– Inspection and Acceptance

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Part I – Section F – Deliveries or Performance

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SECTION F – DELIVERIES OR PERFORMANCE

F.1 52.252-02 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):

Federal Acquisition Regulations (FAR) clauses - https://www.acquisition.gov/?q=browsefar; and Department of the Interior Acquisition Regulations (DIAR) clauses - https://www.ecfr.gov/cgi-bin/text-idx?SID=c83bc1f346e91d20ba0ef5a8c2512b45&tpl=/ecfrbrowse/Title48/48chapter14.tpl.

In addition, the clauses can be identified as follows:

FAR - by the number prefix 52, e.g. 52.252-1, etc.;

DIAR - by the number prefix 1452 and number suffix of -70, e.g. 1452.204-70; and

52.242-14 Suspension of Work April 1984

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 14 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 180 calendar days after receipt of the notice to proceed. The time stated for completion shall include optional CLINs (if awarded) and final cleanup of the premises.

https://www.acquisition.gov/?q=browsefar https://www.ecfr.gov/cgi-bin/text-idx?SID=c83bc1f346e91d20ba0ef5a8c2512b45&tpl=/ecfrbrowse/Title48/48chapter14.tpl https://www.ecfr.gov/cgi-bin/text-idx?SID=c83bc1f346e91d20ba0ef5a8c2512b45&tpl=/ecfrbrowse/Title48/48chapter14.tpl

Part I – Section F – Deliveries or Performance

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Part I – Section G

– Contract Administration Data

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SECTION G – CONTRACT ADMINISTRATION DATA

G.1 1452.201-70 AUTHORITIES AND DELEGATIONS SEPTEMBER 2011

(a) The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.

(b) The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award.

The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor.

Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.

(c) The COR is not authorized to perform, formally or informally, any of the following actions:

(1) Promise, award, agree to award, or execute any contract, 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.

(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause.

(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph

(d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.

(f) The Contractor shall provide copies of all correspondence to the Contracting Officer and the COR.

(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor's risk.

G.2 1452.242-80 POSTAWARD CONFERENCE - BUREAU OF RECLAMATION JULY 1993

(a) Prior to the Contractor starting work, a postaward conference (as described in FAR Subpart 42.5), will be convened by the contracting activity or contract administration office. The Contractor's Project Manager shall attend the conference. If the contract involves subcontractors, a representative of each major subcontractor is also required to attend.

Administration Data

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(b) The conference will be held via conference call.

(c) The Contracting Officer and the Contractor will agree to the date and time of the conference after award of the contract. In event of a conflict in schedules, the Contracting Officer shall establish the date for the conference.

(d) The Contractor shall include any associated costs for attendance at the conference, in its offer.

(End of clause)

G.3 CONTRACTOR’S ADMINISTRATION PERSONNEL

The designated contractor official who will be in charge of overall administration of this contract is:

Name: ____________________________ Address: __________________________

City/State/Zip: ______________________ Phone No.: ________________________ Facsimile No.: ______________________ E-mail: ____________________________

G.4 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS –

INTERNET PAYMENT PLATFORM (IPP)

APR 2013

Payment requests must be submitted electronically through the U.S. Department of the Treasury’s Internet Payment Platform System (IPP). “Payment requests” means any request for contract financing payment or invoicing 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. 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 (Construction) - courtesy copy to the Contract Specialist (ffernandez@usbr.gov) of IPP submitted invoice;

2) Monthly Certificate of Labor Conformance;

3) Subcontractor/Supplier Payment Summary; and

4) Any additional documentation to substantiate each progress payment request and as required by the Contracting Officer’s Representative or Contracting Officer.

The forms identified above are included in Attachment 8.

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 CCR) will receive 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.

https://www.ipp.gov/ mailto:ffernandez@usbr.gov mailto:ippgroup@bos.frb.org

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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)

Administration Data

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Part I – Section H

– Special Contract Requirements

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SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 DOI-AAAP

NOTICE TO CONTRACTOR--CONTRACTOR PERFORMANCE

ASSESSMENT REPORTING SYSTEM

DECEMBER

1. FAR 42.1502 directs all Federal agencies to collect past performance information on contracts.

The Department of the Interior (DOI) has implemented the Contractor Performance Assessment Reporting System (CPARS) to comply with this regulation. One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR 42.15.

2. The past performance evaluation process is a totally paperless process using CPARS. CPARS is a web-based system that allows for electronic processing of the performance evaluation report.

Once the report is processed, it is available in the Past Performance Information Retrieval System (PPIRS) for Government use in evaluating past performance as part of a source selection action.

3. We request that you furnish the Contracting Officer (CO) with the name, position title, phone number, and email address for each person designated to have access to your firm's past performance evaluation(s) for the contract no later than 30 days after award. Each person granted access will have the ability to provide comments in the Contractor portion of the report and state whether or not the Contractor agrees with the evaluation, before returning the report to the Assessing Official (AO). Information in the report must be protected as source selection sensitive information not releasable to the public.

4. When your Contractor Representative(s) are registered in CPARS, they will receive an automatically generated email with detailed login instructions. Further details, systems requirements, and training information for CPARS is available at https://www.cpars.gov/.

5. Within 60 days after the end of a performance period, the AO will complete an interim or final past performance evaluation, and the report will be accessible at https://www.cpars.gov/.

a. Contractor Representatives may then provide comments in response to the 6.evaluation, or return the evaluation without comment.

b. Your comments should focus on objective facts in the AO's narrative and should a)provide your views on the causes and ramifications of the assessed performance.

c. All information provided should be reviewed for accuracy prior to submission.

d. If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating "No comment" in the space provided, and then selecting “Accept the Ratings and Close the Evaluation”.

e. Your response is due within 60 calendar days after receipt of the CPAR. On day 15, the evaluation will become available in PPIRS-RC marked as “Pending” with or without comments and whether or not it has been closed.

f. If you do not sign and submit the CPAR within 60 days, it will automatically be returned to the Government and will be annotated: "The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this assessment."

6. The following guidelines apply concerning your use of the past performance evaluation:

a. Protect the evaluation as source selection information. After review, transmit the evaluation by completing and submitting the form through CPARS. If for some reason you are unable to view and/or submit the form through CPARS, contact the CO for instructions.

b. Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside of your control.

c. Prohibit the use of or reference to evaluation data for advertising, promotional material, pre-award surveys, responsibility determinations, production readiness reviews, or other similar purposes.

https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2042_15.html https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2042_15.html https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2042_15.html https://www.cpars.gov/ https://www.cpars.csd.disa.mil/ https://www.cpars.gov/

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7. If you wish to discuss a past performance evaluation, you should request a meeting in writing to the CO no later than seven days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 60-day review period.

8. A copy of the completed past performance evaluation will be available in CPARS for your viewing and for Government use supporting source selection actions after it has been finalized.

Requirements

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Part II – Section I – Contract Clauses

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SECTION I – CONTRACT CLAUSES

I.1 52.252-02 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 the following addresses:

FAR Clauses - https://www.acquisition.gov/far/ DOI Clauses - https://www.ecfr.gov/cgi-bin/text-idx?SID=46fff09635987db3af784ea3c7efc2e0&mc=true&tpl=/ecfrbrowse/Title48/48cfrv5_02.tpl#1400

In addition, the clauses can be identified as follows:

FAR – by the number prefix 52, e.g. 52.252-01, etc.;

DIAR – by the number prefix 1452 and number suffix of -70, e.g. 1452.204-70; and

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

52.204-2 Alt II Security Requirements, Alternate II (Apr 1984) AUGUST 1996 52.204-4 Printed or Copied Double-Sided on Post Consumer Fiber Content

Paper

MAY 2011

52.204-9 Personal Identity Verification of Contractor Personnel JANUARY 2011 52.204-10 Reporting Executive Compensation and First - Tier Subcontract

Awards

OCTOBER 2018

52.204-13 System for Award Management Maintenance OCTOBER 2018 52.204-14 Service Contract Reporting Requirements OCTOBER 2016 52.204-19 Incorporation by Reference of Representations and Certifications DECEMBER 2014 52.204-25 Prohibition on Contracting for Certain Telecommunications and

Video Surveillance Services or Equipment.

AUGUST 2019

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

OCTOBER 2015

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations NOVEMBER 2015 52.215-2 Audit and Records--Negotiation OCTOBER 2010 52.215-8 Order of Precedence—Uniform Contract Format OCTOBER 1997 52.215-11 Price Reduction for Defective Certified Cost or Pricing Data --

Modifications

AUGUST 2011

52.215-13 Subcontractor Certified Cost or Pricing Data–Modifications (Deviation 2018-O0015)

OCTOBER 2010

52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data -- Modifications

OCTOBER 2010

https://www.acquisition.gov/far/ https://www.ecfr.gov/cgi-bin/text-idx?SID=46fff09635987db3af784ea3c7efc2e0&mc=true&tpl=/ecfrbrowse/Title48/48cfrv5_02.tpl#1400 https://www.ecfr.gov/cgi-bin/text-idx?SID=46fff09635987db3af784ea3c7efc2e0&mc=true&tpl=/ecfrbrowse/Title48/48cfrv5_02.tpl#1400

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52.219-3 Notice of HUBZone Set-Aside or Sole Source Award

(DEVIATION 2019-01)

NOVEMBER 2011

52.219-8 Utilization of Small Business Concerns OCTOBER 2018 52.219-14 Limitations on Subcontracting (DEVIATION 2019-01) JANUARY 2017 52.219-28 Post-Award Small Business Program Representation JULY 2013 52.222-3 Convict Labor JUNE 2003 52.222-4 Contract Work Hours and Safety Standards – Overtime

Compensation

MAY 2018

52.222-6 Construction Wage Rate Requirements AUGUST 2018 52.222-7 Withholding of Funds MAY 2014 52.222-8 Payrolls and Basic Records AUGUST 2018 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 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

52.222-27 Affirmative Action Compliance Requirements for Construction APRIL 2015 52.222-34 Project Labor Agreement MAY 2010 52.222-37 Employment Reports on 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 JANUARY 2019 52.222-54 Employment Eligibility Verification OCTOBER 2015 52.222-55 Minimum Wages Under Executive Order 13658 DECEMBER 2015 52.223-2 Affirmative Procurement of Biobased Products Under Service and

Construction Contracts

SEPTEMBER

52.223-3 Alt I Hazardous Material Identification and Material Safety Data (Jan 1997) - Alternate I

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 52.223-18 Encouraging Contractor Policies to Ban text Messaging While

Driving

AUGUST 2011

52.223-19 Compliance with Environmental Management Systems MAY 2011 52.225-13 Restrictions on Certain Foreign Purchases JUNE 2008 52.227-1 Authorization and Consent DECEMBER 2007 52.227-2 Notice And Assistance Regarding Patent And Copy Infringement 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 AUGUST 2018 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 Bonds--Construction OCTOBER 2010 52.229-3 Federal, State And Local Taxes FEBRUARY 2013 52.232-5 Payments under Fixed-Price Construction Contracts MAY 2014 52.232-17 Interest MAY 2014

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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

OCTOBER 2018

52.232-39 Unenforceability of Unauthorized Obligations JUNE 2013 52.232-40 Providing Accelerated Payment to Small Business Subcontractor DECEMBER 2013 52.233-1 Alt I Disputes - Alternate I (December 1991) MAY 2014 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 52.236-9 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 Alt I Accident Prevention, Alternate I (Nov 1991) NOBEMBER 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 I Specifications and Drawings for Construction, Alternate I (Apr

1984).

FEBRUARY 1997

52.236-26 Preconstruction Conference FEBRUARY 1995 52.242-13 Bankruptcy JULY 1995 52.243-4 Changes JUNE 2007 52.243-6 Change Order Accounting APRIL 1984 52.244-2 Subcontracts OCTOBER 2010 52.244-6 Subcontracts for Commercial Items AUGUST 2019 52.246-21 Warranty of Construction MARCH 1984 52.248-3 Alt I Value Engineering-Construction, Alternate I (April 1984) OCTOBER 2015 52.249-2 Alt I Termination for Convenience of the Government (Fixed-Price) -

Alternate I (September 1996)

APR 2012

52.249-10 Default (Fixed-Price Construction) APRIL 1984 52.253-1 Computer Generated Forms JANUARY 1991

I.2 52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE

SERVICES OR EQUIPMENT

Aug 2019

(a) Definitions. As used in this clause— “Covered foreign country” means The People’s Republic of China.

“Covered telecommunications equipment or services” means–

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

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(3) Telecommunications or video surveillance services provided by such entities or using such equipment;

or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of covered foreign country.

“Critical technology” means–

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

“Substantial or essential component” means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in Federal Acquisition Regulation 4.2104.

(c) Exceptions. This clause does not prohibit contractors from providing—

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(d) Reporting requirement. (1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause

(i) Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known);

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and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

I.3 52.208-9 CONTRACTOR USE OF MANDATORY SOURCES OF

SUPPLY OR SERVICES

May 2014

(a) Certain supplies or services to be provided under this contract for use by the Government are required by law to be obtained from nonprofit agencies participating in the program operated by the Committee for Purchase From People Who Are Blind or Severely Disabled (the Committee) under 41 U.S.C. 8504. Additionally, certain of these supplies are available from the Defense Logistics Agency (DLA), the General Services Administration (GSA), or the Department of Veterans Affairs (VA). The Contractor shall obtain mandatory supplies or services to be provided for Government use under this contract from the specific sources indicated in the contract schedule.

(b) The Contractor shall immediately notify the Contracting Officer if a mandatory source is unable to provide the supplies or services by the time required, or if the quality of supplies or services provided by the mandatory source is unsatisfactory. The Contractor shall not purchase the supplies or services from other sources until the Contracting Officer has notified the Contractor that the Committee or an AbilityOne central nonprofit agency has authorized purchase from other sources.

(c) Price and delivery information for the mandatory supplies is available from the Contracting Officer for the supplies obtained through the DLA/GSA/VA distribution facilities. For mandatory supplies or services that are not available from DLA/GSA/VA, price and delivery information is available from the appropriate central nonprofit agency. Payments shall be made directly to the source making delivery.

Points of contact for AbilityOne central nonprofit agencies are:

(1) National Industries for the Blind 1310 Braddock Place Alexandria, VA 22314-1691

(703) 310-0500; and

(2) NISH

8401 Old Courthouse Road Vienna, VA 22182

(571) 226-4660.

I.4 52.217-7 OPTION FOR INCREASED QUANTITY—SEPARATELY

PRICED LINE ITEM

MARCH 1989

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The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor at the time of award. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

I.5 52.222-35 EQUAL OPPORTUNITY FOR VETERANS OCTOBER 2015

(a) Definitions. As used in this clause- “Active duty wartime or campaign badge veteran,” “Armed Forces service medal veteran,” “disabled veteran,” “protected veteran,” “qualified disabled veteran,” and “recently separated veteran” have the meanings given at FAR 22.1301.

(b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans.

(c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts of $150,000 or more unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

I.6 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH

DISABILITIES

JULY 2014

(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.

(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of $15,000 unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

(End of Clause)

I.7 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);

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(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

(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)).