191BWC19R0007.pdf

SOLICITATION, OFFER, AND AWARD

1. THIS CONTRACT IS A RATED ORDER UNDER DPAS (15 CFR

700)

RATING

2. CONTRACT NUMBER 3. SOLICITATION NUMBER

191BWC19R0007 SEALED BID (IFB)

X NEGOTIATED (RFP)

4. TYPE OF SOLICITATION 5. DATE ISSUED

07/22/2019

6. REQUISITION/PURCHASE NUMBER

93095202057

CODE: IBWC_

International Boundary and Water Commission (IBWC)

USIBWC - ACQUISITIONS DIV

4191 NORTH MESA ST

EL PASO, TX 79902-1441

7. ISSUED BY

International Boundary and Water Commission (IBWC)

USIBWC - ACQUISITIONS DIV

4191 NORTH MESA ST

EL PASO, TX 79902-1441

8. ADDRESS OFFER TO (If other than Item 7)

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

SOLICITATION

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

9. Sealed offers in original and __1__ copies for furnishing the supplies or services in the Schedule will be received at the place specified in item 8, or if handcarried, in the depository located in __See Block 8__ until __16:00:00__ local time __08/22/2019 __

10. FOR

INFORMATION

E-MAIL:

A. NAME

Lanisa McCollum

B. TELEPHONE (NO COLLECT

CALLS)

C. E-MAIL ADDRESS

Lanisa.McCollum@ibwc.gov

11. TABLE OF CONTENTS (See Table of Contents on page 2)

(X) SEC. DESCRIPTION PAGE(S) (X) SEC. DESCRIPTION PAGE(S)

PART I - SCHEDULE PART II - CONTRACT CLAUSES

X A SOLICITATION/CONTRACT FORM 1 X I CONTRACT CLAUSES 11-17

X B SUPPLIES OR SERVICES AND PRICES/COSTS 4 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

C DESCRIPTION/SPECS./WORK STATEMENT X J LIST OF ATTACHMENTS 18

X D PACKAGING AND MARKING 5 PART IV - REPRESENTATIONS AND INSTRUCTIONS

X E INSPECTION AND ACCEPTANCE 6 X K REPRESENTATIONS CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS

19-22

X F DELIVERIES OR PERFORMANCE 7

X L INSTRS., CONDS., AND NOTICES TO OFFERORS 23-24X G CONTRACT ADMINISTRATION DATA 8

X M EVALUATION FACTORS FOR AWARD 25X H SPECIAL CONTRACT REQUIREMENTS 9-10

OFFER (Must be fully completed by offeror)

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

In compliance with the above, the undersigned agrees, if this offer is accepted within __________ calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

12.

13. DISCOUNT FOR PROMPT PAYMENT (See Section I, Clause No.

52.232-8)

10 CALENDAR DAYS(%)

0.00 %

20 CALENDAR DAYS(%)

0.00 %

30 CALENDAR DAYS(%)

0.00 %

0 CALENDER DAYS(%)

0.00 %

14. ACKNOWLEDGEMENT OF AMENDMENTS (The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated):

AMENDMENT NO. DATE AMENDMENT NO. DATE

15A. NAME AND

ADDRESS OF

OFFEROR

CONTACT: DUNS: 16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or Print)

15B. TELEPHONE NUMBER

15C. CHECK IF REMITTANCE ADDRESS IS DIFFERENT FROM

ABOVE - ENTER SUCH ADDRESS IN SCHEDULE.

17. SIGNATURE 18. OFFER DATE

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

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

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION: 23. SUBMIT INVOICES TO ADDRESS SHOWN IN (4 copies unless otherwise specified)

ITEM

CODE:24. ADMINISTERED BY (if other than Item 7) CODE: IBWC_ International Boundary and Water Commission (IBWC)

USIBWC - FINANCIAL SERVICES DIV

4191 NORTH MESA ST

EL PASO, TX 79902-1441

25. PAYMENT WILL BE MADE BY

26. NAME OF CONTRACTING OFFICER (Type or print)

Lanisa McCollum

(Signature of Contracting Officer)

27. UNITED STATES OF AMERICA 28. DATE

07/22/2019

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (REV. 9-97)

Prescribed by GSA - FAR (48 CFR) 53.214(c)

191BWC19R0007

Table of Contents

Section Description Page Number

B Supplies or Services and Prices/Costs D Packaging and Marking

D.01 Payment of Postage and Fees D.02 Marking

E Inspection and Acceptance 52.246-2 Inspection of Supplies - Fixed-Price (Aug 1996) 52.246-4 Inspection of Services - Fixed-Price (Aug 1996) 52.246-16 Responsibility for Supplies (Apr 1984)

F Deliveries or Performance 52.247-34 F.O.B. Destination (Nov 1991) 52.242-15 Stop-Work Order (Aug 1989)

G Contract Administration Data G.01 Contracting Officer G.02 Designation of Contracting Officer G.03 Contracting Officer's Representative G.04 Invoices

H Special Contract Requirements H.01 Compensation and Liability Insurance H.02 Contract Work Schedule H.03 Utility and Telephone Services

I Contract Clauses 52.202-1 Definitions (Nov 2013) 52.203-3 Gratuities (Apr 1984) 52.203-5 Covenant Against Contingent Fees (May 2014) 52.203-6 Restrictions On Subcontractor Sales To The Government (Sept 2006) 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 (Oct 2010) 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights (Apr 2014) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) 52.204-13 System for Award Management Maintenance (Oct 2018) 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) 52.215-2 Audit and Records - Negotiation (Oct 2010) 52.215-8 Order of Precedence - Uniform Contract Format (Oct 1997) 52.219-8 Utilization of Small Business Concerns (Oct 2018) 52.219-28 Post-Award Small Business Program Rerepresentation (Jul 2013) 52.222-3 Convict Labor (June 2003) 52.222-4 Contract Work Hours and Safety Standards--Overtime Compensation (May 2018) 52.222-21 Prohibition of Segregated Facilities (Apr 2015) 52.222-37 Employment Reports on Veterans (Feb 2016) 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) 52.222-50 Combating Trafficking in Persons (Jan 2019) 52.222-54 Employment Eligibility Verification (Oct 2015) 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (Sep 2013) 52.223-6 Drug Free Workplace (May 2001) 52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving (Aug 2011) 52.225-1 Buy American - Supplies (May 2014) 52.225-13 Restrictions on Certain Foreign Purchases (June 2008) 52.227-1 Authorization and Consent (Dec 2007) 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (Dec 2007) 52.229-3 Federal, State and Local Taxes (Feb 2013)

52.232-1 Payments (Apr 1984) 52.232-8 Discounts For Prompt Payment (Feb 2002) 52.232-11 Extras (Apr 1984) 52.232-17 Interest (May 2014) 52.232-23 Assignment of Claims (May 2014) 52.232-25 Prompt Payment (Jan 2017) 52.232-33 Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) 52.233-1 Disputes (May 2014) 52.233-3 Protest after Award (Aug 1996) 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004) 52.244-6 Subcontracts for Commercial Items (Jan 2019) 52.246-25 Limitation of Liability - Services (Feb 1997) 52.249-2 Termination for Convenience of the Government (Fixed-Price) (Apr 2012) 52.249-8 Default (Fixed-Price Supply and Service) (Apr 1984) 52.253-1 Computer Generated Forms (Jan 1991) 52.237-2 Protection Of Government Buildings, Equipment, And Vegetation (Apr 1984) 52.242-13 Bankruptcy (July 1995) 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) 52.223-5 Pollution Prevention and Right-to-Know Information (May 2011) 52.222-26 Equal Opportunity (Sept 2016) 52.227-14 Rights in Data - General (May 2014) 52.243-1 Alt I Changes - Fixed-Price (Aug 1987) - Alternate I (Apr 1984) 52.248-1 Value Engineering (Oct 2010) 52.222-41 Service Contract Labor Standards (Aug 2018) 52.222-44 Fair Labor Standards Act and Service Contract Labor Standards - Price Adjustment (May 2014) 52.222-55 Minimum Wages Under Executive Order 13658 (Dec 2015) 52.222-62 Paid Sick Leave Under Executive Order 13706 (Jan 2017) 52.228-5 Insurance - Work on a Government Installation (Jan 1997) 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) 52.219-4 Notice of Price Evaluation preference for HUBZone Small Business Concerns (Oct 2014)..13 52.232-18 Availability Of Funds (Apr 1984) 52.245-1 Government Property (Jan 2017) 52.245-9 Use and Charges (Apr 2012) 52.222-35 Equal Opportunity for Veterans (Oct 2015) 52.222-36 Equal Opportunity for Workers with Disabilities (Jul 2014) 52.252-2 Clauses Incorporated by Reference (Feb 1998) 52.222-42 Statement of Equivalent Rates for Federal Hires (May 2014) 52.232-32 Performance-Based Payments (Apr 2012)

J List of Attachments K Representations, Certifications, and Other Statements of Offerors or Respondents

52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) 52.204-8 Annual Representations and Certifications (Oct 2018) 52.222-25 Affirmative Action Compliance (Apr 1984)

L Instructions, Conditions, and Notices to Offerors and Respondents 52.204-7 System for Award Management (Oct 2018) 52.204-16 Commercial and Government Entity Code Reporting (Jul 2016) 52.204-18 Commercial and Government Entity Code Maintenance (Jul 2016) 52.215-1 Instructions to Offerors--Competitive Acquisition (Jan 2017) 52.233-2 Service of Protest (Sept 2006) 52.216-1 Type of Contract (Apr 1984) 52.237-1 Site Visit (Apr 1984) 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) L.01 Contractor's Contract Administrator 52.204-22 Alternative Line Item Proposal (Jan 2017) L.02 Source Evaluation and Selection Procedures

M Evaluation Factors for Award M.01 Evaluation Factors for Award

001 Falcon Power Plant Draft Tube/Penstock Gates Maintenance Repair

19___91069R000 309520 3724 2513

1.00 EA

Doc Ref No: 93095202057 Delivery Date FOB:

Destination

191BWC19R0007

Line Item Summary

Solicitation Number:

191BWC19R0007

Contract Number: Title: Falcon Power Plant Gates Maintenance and Repairs

Date of Solicitation:

07/22/2019

Line Item No. Description Quantity Unit Unit Price Total Cost

Section D- Packaging and Marking

D.01 Payment of Postage and Fees

All postage and fees related to submitting information, including forms, reports, etc., to the Contracting Officer (CO) and the Con-tracting Officer’s Representative (COR) shall be paid by the Contractor.

D.02 Marking

All information submitted to the CO or the COR shall be clearly marked to show the Name of the Contractor and the Solicitation Number 191BWC19R0007.

Section E- Inspection and Acceptance

Clause Title

52.246-2 Inspection of Supplies - Fixed-Price (Aug 1996)

52.246-4 Inspection of Services - Fixed-Price (Aug 1996)

52.246-16 Responsibility for Supplies (Apr 1984)

Section F- Deliveries or Performance

52.247-34 F.O.B. Destination (Nov 1991)

52.242-15 Stop-Work Order (Aug 1989)

Section G- Contract Administration Data

G.01 Contracting Officer

“Contracting Officer” means a person with the authority to enter into, administer, and/or terminate contracts and make related determ-inations and findings. The scope of the CO’s authority is defined by FAR 1.602-1, the CO’s Warrant, and other applicable federal laws. The term includes certain authorized representation of the CO within the limits of their authority as delegated by the CO.

In no event shall any understanding or agreement between the Contractor and any Government employee other than the Contracting Officer on any contract, modification, change order, letter or verbal direction to the Contractor be effective or binding upon the Gov-ernment. All such actions must be formalized by a proper contractual document executed by an appointed Contracting Officer. In the event a Government employee other than the Contracting Officer directs a change in the work to be performed or increases the scope of the work to be performed, it is the Contractor's responsibility to make inquiry of the Contracting Officer before making the devi-ation. Payments will not be made without being authorized by an appointed Contracting Officer with the legal authority to bind the Government.

G.02 Designation of Contracting Officer

The CO for this contract is:

Name: Lanisa McCollum Address: 4191 N Mesa St

El Paso, TX 79902-1441 Telephone: 915-832-4120 Fax 915-600-7388 Email: Lanisa McCollum@ibwc.gov

G.03 Contracting Officer's Representative

The Contracting Officer shall designate a technical representative to act for the Contracting Officer during the contract period. The Contracting Officer's Representative will act for the Contracting Officer only in technical matters and will not be authorized to commit the Government on any contract terms, conditions, or changes in unit price, total price, quantity, or delivery schedule. Any changes to the contract in unit price, total contract price, quantity, quality, or delivery schedule will be made only by the Contracting Officer by executed modification to the contract. The limits of the Contracting Officer's Representative will be in accordance with FAR 1.604.

The Contracting Officer's Representative will be appointed in writing after contract award.

G.04 Invoices

All invoices shall be submitted electronically to the USIBWC's Finance and Accounting Division (FAD) at invoices@ibwc.gov. A copy shall be provided to the Contracting Officer and the Contracting Officer's Representative.

Section H- Special Contract Requirements

H.01 Compensation and Liability Insurance

The Contractor shall within ten (10) calendar days after award of contract provide and maintain minimum insur-ance as follows:

(a) General Liability Insurance for bodily injury and property damage with minimum limits $500,000 each occurrence with an aggregate of $1,000,000.

(b) Automobile Liability for bodily injury and property damage with minimum of $250,000 for injury to or death of any one (1) person, $500,000 each accident or occurrence for bodily injury, and $100,000 for each ac-cident or occurrence for property damage liability.

(c) Worker's Compensation Insurance for all labor employed on the project who may come within the pro-tection of workers' compensation laws and Employers General Liability with minimum limits of $100,000 each accident, bodily injury by disease $100,000 each employee, $500,000 aggregate.

In every case the insurance coverage shall amount to at least the limits stated above. However, where the Financial Responsibility Compulsory Insurance Law of the State in which the project is located requires higher limits, the Automobile Liability Insurance Policy shall provide coverage of at least those limits required by State law.

The insurance obtained by the Contractor must (1) be effective for the term of the contract and (2) must name both the United States of America by and through the United States Section of the International Boundary and Water Commission, United States and Mexico, as additionally insured. The requirement for naming the United States of America as an additional insured does not apply to Worker's Compensation Insurance.

Before commencing work under this contract, the Contractor shall certify to the Contracting Officer in writing that the required insurance has been obtained.

The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective (1) for such period as the laws of the State in which this contract is to be performed prescribe or (2) until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer. The Contractor's writ-ten certification shall be accompanied by either a Certificate issued by the insurer or photocopies of the insur-ance policies which reflect that the cancellation/change provisions of this contract have been met.

The Contractor shall insert the substance of this clause including this paragraph in subparagraphs under this contract and shall require subcontractors to provide and maintain the same limits.

At least 5 days prior to each such subcontractor's personnel commencing work on this project, the Con-tractor shall furnish (or ensure that there has been furnished) to the Contracting Officer a current Certificate of Insurance meeting the requirements as stated above.

[End of Clause]

H.02 Contract Work Schedule

Normal working hours for the Contractor shall not be earlier than 7:00 am nor later than 4:30 pm, Monday through Friday, excluding Federal Holidays. The Contractor shall not exceed 40 hours per week for normal working hours. If the Contractor wishes to work dur-ing periods other than that above or in excess of 40 hours per week, additional Government inspection forces will be required. The Contractor shall notify the Contracting Officer's Representative (COR) three (3) business days in advance of their desire to work dur-ing other periods to allow the determination if additional inspection forces are reasonably available. If such forces are reasonably available, the Contracting Officer or COR may authorize the Contractor to perform work during periods other than normal duty hours/ days or in excess of 40 hours per week; however, if additional inspection forces are required to perform in excess of their normal duty hours/days, the actual cost of the overtime inspection at overtime rates will be charged to the Contractor and will be deducted from the final payment of the Contract amount.

Consistent with Section 6103(a) of Title 5 of the United States Code the following are legal public holidays:

New Year’s Day, January 1.

Birthday of Martin Luther King, Jr., the third Monday in January.

Washington’s Birthday, the third Monday in February.

Memorial Day, the last Monday in May.

Independence Day, July 4.

Labor Day, the first Monday in September.

Columbus Day, the second Monday in October.

Veterans Day, November 11.

Thanksgiving Day, the fourth Thursday in November.

Christmas Day, December 25.

A listing of Federal Holidays are available at the following link:

https://www.opm.gov/policy-data-oversight/snow-dismissal-procedures/federal-holidays/

For Holidays that fall on a Saturday, for Federal employees, the preceding Friday will be treated as a holiday for pay and leave pur-poses (See 5 U.S.C. 6103(b)).

For Holidays that fall on a Sunday, for Federal employees, the following Monday will be treated as a holiday for pay and leave pur-poses (See section 3(a) of Executive order 11582, February 11, 1971).

If the above holidays are a paid holiday and results in works hours in excess of 40 hours in any workweek, laborers and mechanics shall be paid at least 1 and 1/2 times the basic rate of pay for each hour worked over 40 hours consistent with FAR Clause 52.222-4.

[End of Clause]

H.03 Utility and Telephone Services

The U.S. Section, International Boundary and Water Commission will not provide utility (water, internet, gas, and electricity) and telephone services to the Contractor. The Contractor shall, at their own expense and in a workmanlike manner satisfactory to the Contracting Officer, install and maintain all necessary temporary con-nections and distribution lines, and shall remove the same prior to final acceptance of the work by the Govern-ment.

[End of Clause]

Section I- Contract Clauses

52.202-1 Definitions (Nov 2013)

52.203-3 Gratuities (Apr 1984)

52.203-5 Covenant Against Contingent Fees (May 2014)

52.203-6 Restrictions On Subcontractor Sales To The Government (Sept 2006)

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 (Oct 2010)

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

(Apr 2014)

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

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018)

52.204-13 System for Award Management Maintenance (Oct 2018)

52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or

Proposed for Debarment (Oct 2015)

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

52.215-2 Audit and Records - Negotiation (Oct 2010)

52.215-8 Order of Precedence - Uniform Contract Format (Oct 1997)

52.219-8 Utilization of Small Business Concerns (Oct 2018)

52.219-28 Post-Award Small Business Program Rerepresentation (Jul 2013)

52.222-3 Convict Labor (June 2003)

52.222-4 Contract Work Hours and Safety Standards--Overtime Compensation (May 2018)

52.222-21 Prohibition of Segregated Facilities (Apr 2015)

52.222-37 Employment Reports on Veterans (Feb 2016)

52.222-40 Notification of Employee Rights Under the National Labor Relations Act (Dec 2010)

52.222-50 Combating Trafficking in Persons (Jan 2019)

52.222-54 Employment Eligibility Verification (Oct 2015)

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (Sep 2013)

52.223-6 Drug Free Workplace (May 2001)

52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving (Aug 2011)

52.225-1 Buy American - Supplies (May 2014)

52.225-13 Restrictions on Certain Foreign Purchases (June 2008)

52.227-1 Authorization and Consent (Dec 2007)

52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (Dec 2007)

52.229-3 Federal, State and Local Taxes (Feb 2013)

52.232-1 Payments (Apr 1984)

52.232-8 Discounts For Prompt Payment (Feb 2002)

52.232-11 Extras (Apr 1984)

52.232-17 Interest (May 2014)

52.232-23 Assignment of Claims (May 2014)

52.232-25 Prompt Payment (Jan 2017)

52.232-33 Payment by Electronic Funds Transfer-System for Award Management (Oct 2018)

52.233-1 Disputes (May 2014)

52.233-3 Protest after Award (Aug 1996)

52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004)

52.244-6 Subcontracts for Commercial Items (Jan 2019)

52.246-25 Limitation of Liability - Services (Feb 1997)

52.249-2 Termination for Convenience of the Government (Fixed-Price) (Apr 2012)

52.249-8 Default (Fixed-Price Supply and Service) (Apr 1984)

52.253-1 Computer Generated Forms (Jan 1991)

52.237-2 Protection Of Government Buildings, Equipment, And Vegetation (Apr 1984)

52.242-13 Bankruptcy (July 1995)

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017)

52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

52.223-5 Pollution Prevention and Right-to-Know Information (May 2011)

52.222-26 Equal Opportunity (Sept 2016)

52.227-14 Rights in Data - General (May 2014)

52.243-1 Alt I Changes - Fixed-Price (Aug 1987) - Alternate I (Apr 1984)

52.248-1 Value Engineering (Oct 2010)

52.222-41 Service Contract Labor Standards (Aug 2018)

52.222-44 Fair Labor Standards Act and Service Contract Labor Standards - Price Adjustment (May 2014)

52.222-55 Minimum Wages Under Executive Order 13658 (Dec 2015)

52.222-62 Paid Sick Leave Under Executive Order 13706 (Jan 2017)

52.228-5 Insurance - Work on a Government Installation (Jan 1997)

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

Other Covered Entities (Jul 2018)

52.219-4 Notice of Price Evaluation preference for HUBZone Small Business Concerns (Oct 2014)

52.232-18 Availability Of Funds (Apr 1984)

52.245-1 Government Property (Jan 2017)

52.245-9 Use and Charges (Apr 2012)

52.222-35 Equal Opportunity for Veterans (Oct 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 vet-erans, and requires affirmative action by the Contractor to employ and advance in employment qualified protec-ted 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 noncom-pliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

(End of clause)

52.222-36 Equal Opportunity for Workers with Disabilities (Jul 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 affirm-ative 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 un-less 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 ap-propriate to identify properly the parties and their undertakings.

(End of clause)

52.252-2 Clauses Incorporated by Reference (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were giv-en 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):

www.acquisition.gov [Insert one or more Internet addresses] [Insert one or more Internet addresses]

(End of clause)

52.222-42 Statement of Equivalent Rates for Federal Hires (May 2014)

In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

This Statement is for Information Only:

It is not a Wage Determination

Employee Class Monetary Wage - Fringe Benefits

WG-1 $10.02

(End of clause)

52.232-32 Performance-Based Payments (Apr 2012)

(a) Amount of payments and limitations on payments. Subject to such other limitations and conditions as are specified in this contract and this clause, the amount of payments and limitations on payments shall be specified in the contract's description of the basis for payment.

(b) Contractor request for performance-based payment. The Contractor may submit requests for payment of performance-based pay-ments not more frequently than monthly, in a form and manner acceptable to the Contracting Officer. Unless otherwise authorized by the Contracting Officer, all performance-based payments in any period for which payment is being requested shall be included in a single request, appropriately itemized and totaled. The Contractor's request shall contain the information and certification detailed in paragraphs (l) and (m) of this clause.

(c) Approval and payment of requests.

(1) The Contractor shall not be entitled to payment of a request for performance-based payment prior to successful accomplishment of the event or performance criterion for which payment is requested. The Contracting Officer shall determine whether the event or per-formance criterion for which payment is requested has been successfully accomplished in accordance with the terms of the contract.

The Contracting Officer may, at any time, require the Contractor to substantiate the successful performance of any event or perform-ance criterion which has been or is represented as being payable.

(2) A payment under this performance-based payment clause is a contract financing payment under the Prompt Payment clause of this contract and not subject to the interest penalty provisions of the Prompt Payment Act. The designated payment office will pay ap-proved requests on the __ day after receipt of the request for performance-based payment by the designated payment office. However, the designated payment office is not required to provide payment if the Contracting Officer requires substantiation as provided in paragraph (c)(1) of this clause, or inquires into the status of an event or performance criterion, or into any of the conditions listed in paragraph (e) of this clause, or into the Contractor certification. The payment period will not begin until the Contracting Officer ap-proves the request.

(3) The approval by the Contracting Officer of a request for performance-based payment does not constitute an acceptance by the Government and does not excuse the Contractor from performance of obligations under this contract.

(d) Liquidation of performance-based payments.

(1) Performance-based finance amounts paid prior to payment for delivery of an item shall be liquidated by deducting a percentage or a designated dollar amount from the delivery payment. If the performance-based finance payments are on a delivery item basis, the li-quidation amount for each such line item shall be the percent of that delivery item price that was previously paid under performance-based finance payments or the designated dollar amount. If the performance-based finance payments are on a whole contract basis, li-quidation shall be by either predesignated liquidation amounts or a liquidation percentage.

(2) If at any time the amount of payments under this contract exceeds any limitation in this contract, the Contractor shall repay to the Government the excess. Unless otherwise determined by the Contracting Officer, such excess shall be credited as a reduction in the unliquidated performance-based payment balance(s), after adjustment of invoice payments and balances for any retroactive price ad-justments.

(e) Reduction or suspension of performance-based payments. The Contracting Officer may reduce or suspend performance-based pay-ments, liquidate performance-based payments by deduction from any payment under the contract, or take a combination of these ac-tions after finding upon substantial evidence any of the following conditions:

(1) The Contractor failed to comply with any material requirement of this contract (which includes paragraphs (h) and (i) of this clause).

(2) Performance of this contract is endangered by the Contractor's--

(i) Failure to make progress; or

(ii) Unsatisfactory financial condition.

(3) The Contractor is delinquent in payment of any subcontractor or supplier under this contract in the ordinary course of business.

(f) Title.

(1) Title to the property described in this paragraph (f) shall vest in the Government. Vestiture shall be immediately upon the date of the first performance-based payment under this contract, for property acquired or produced before that date. Otherwise, vestiture shall occur when the property is or should have been allocable or properly chargeable to this contract.

(2) "Property," as used in this clause, includes all of the following described items acquired or produced by the Contractor that are or should be allocable or properly chargeable to this contract under sound and generally accepted accounting principles and practices:

(i) Parts, materials, inventories, and work in process;

(ii) Special tooling and special test equipment to which the Government is to acquire title;

(iii) Nondurable (i.e., noncapital) tools, jigs, dies, fixtures, molds, patterns, taps, gauges, test equipment and other similar manufactur-ing aids, title to which would not be obtained as special tooling under paragraph (f)(2)(ii) of this clause; and

(iv) Drawings and technical data, to the extent the Contractor or subcontractors are required to deliver them to the Government by oth-er clauses of this contract.

(3) Although title to property is in the Government under this clause, other applicable clauses of this contract (e.g., the termination clauses) shall determine the handling and disposition of the property.

(4) The Contractor may sell any scrap resulting from production under this contract, without requesting the Contracting Officer's ap-proval, provided that any significant reduction in the value of the property to which the Government has title under this clause is re-ported in writing to the Contracting Officer.

(5) In order to acquire for its own use or dispose of property to which title is vested in the Government under this clause, the Contract-or shall obtain the Contracting Officer's advance approval of the action and the terms. If approved, the basis for payment (the events or performance criteria) to which the property is related shall be deemed to be not in compliance with the terms of the contract and not payable (if the property is part of or needed for performance), and the Contractor shall refund the related performance-based payments in accordance with paragraph (d) of this clause.

(6) When the Contractor completes all of the obligations under this contract, including liquidation of all performance-based payments, title shall vest in the Contractor for all property (or the proceeds thereof) not--

(i) Delivered to, and accepted by, the Government under this contract; or

(ii) Incorporated in supplies delivered to, and accepted by, the Government under this contract and to which title is vested in the Gov-ernment under this clause.

(7) The terms of this contract concerning liability for Government-furnished property shall not apply to property to which the Govern-ment acquired title solely under this clause.

(g) Risk of loss. Before delivery to and acceptance by the Government, the Contractor shall bear the risk of loss for property, the title to which vests in the Government under this clause, except to the extent the Government expressly assumes the risk. If any property is lost (see 45.101), the basis of payment (the events or performance criteria) to which the property is related shall be deemed to be not in compliance with the terms of the contract and not payable (if the property is part of or needed for performance), and the Contractor shall refund the related performance-based payments in accordance with paragraph (d) of this clause.

(h) Records and controls. The Contractor shall maintain records and controls adequate for administration of this clause. The Contract-or shall have no entitlement to performance-based payments during any time the Contractor's records or controls are determined by the Contracting Officer to be inadequate for administration of this clause.

(i) Reports and Government access. The Contractor shall promptly furnish reports, certificates, financial statements, and other pertin-ent information requested by the Contracting Officer for the administration of this clause and to determine that an event or other cri-terion prompting a financing payment has been successfully accomplished. The Contractor shall give the Government reasonable op-portunity to examine and verify the Contractor's records and to examine and verify the Contractor's performance of this contract for administration of this clause.

(j) Special terms regarding default. If this contract is terminated under the Default clause, (1) the Contractor shall, on demand, repay to the Government the amount of unliquidated performance-based payments, and (2) title shall vest in the Contractor, on full liquida-tion of all performance-based payments, for all property for which the Government elects not to require delivery under the Default clause of this contract. The Government shall be liable for no payment except as provided by the Default clause.

(k) Reservation of rights. (1) No payment or vesting of title under this clause shall--

(i) Excuse the Contractor from performance of obligations under this contract; or

(ii) Constitute a waiver of any of the rights or remedies of the parties under the contract.

(2) The Government's rights and remedies under this clause--

(i) Shall not be exclusive, but rather shall be in addition to any other rights and remedies provided by law or this contract; and

(ii) Shall not be affected by delayed, partial, or omitted exercise of any right, remedy, power, or privilege, nor shall such exercise or any single exercise preclude or impair any further exercise under this clause or the exercise of any other right, power, or privilege of the Government.

(l) Content of Contractor's request for performance-based payment. The Contractor's request for performance-based payment shall contain the following:

(1) The name and address of the Contractor;

(2) The date of the request for performance-based payment;

(3) The contract number and/or other identifier of the contract or order under which the request is made;

(4) Such information and documentation as is required by the contract's description of the basis for payment; and

(5) A certification by a Contractor official authorized to bind the Contractor, as specified in paragraph (m) of this clause.

(m) Content of Contractor's certification. As required in paragraph (l)(5) of this clause, the Contractor shall make the following certi-fication in each request for performance-based payment:

I certify to the best of my knowledge and belief that--

(1) This request for performance-based payment is true and correct; this request (and attachments) has been prepared from the books and records of the Contractor, in accordance with the contract and the instructions of the Contracting Officer;

(2) (Except as reported in writing on ______________), all payments to subcontractors and suppliers under this contract have been paid, or will be paid, currently, when due in the ordinary course of business;

(3) There are no encumbrances (except as reported in writing on ______________) against the property acquired or produced for, and allocated or properly chargeable to, the contract which would affect or impair the Government's title;

(4) There has been no materially adverse change in the financial condition of the Contractor since the submission by the Contractor to the Government of the most recent written information dated ______________; and

(5) After the making of this requested performance-based payment, the amount of all payments for each deliverable item for which performance-based payments have been requested will not exceed any limitation in the contract, and the amount of all payments under the contract will not exceed any limitation in the contract.

(End of clause)

Section J- List of Attachments

Identifier Title Date Number of Pages

1 PWS Falcon Plant Gates Maintenance Repairs 07/17/2019 24 2 Wage Determination 2015-5309 Rev 9 06062019 07/17/2019 20

Section K- Representations, Certifications, and Other Statements of Offerors or Respondents

52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014)

52.204-8 Annual Representations and Certifications (Oct 2018)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 332420.

(2) The small business size standard is 750 Employees.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a con-struction 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 cor-responding individual representations and certifications in the solicitation. The offeror shall indicate which op-tion applies by checking one of the following boxes:

(i) Paragraph (d) applies.

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

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

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

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

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

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

(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 Agree-ments 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 solicita-tions 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 so-licitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the con-tract is not for acquisition of commercial items.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

[Contracting Officer check as appropriate.]

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

(ii) 52.204-20, Predecessor of Offeror.

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

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

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

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

(vii) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

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

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

FAR Clause # Title Date Change

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

(End of provision)

52.222-25 Affirmative Action Compliance (Apr 1984)

The offeror represents that--

(a) It __ has developed and has on file, __ has not developed and does not have on file, at each establishment, affirmative action programs required by the rules and regulations of the Secretary of Labor (41 CFR 60-1 and 60-2); or

(b) It __ has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(End of provision)

Section L- Instructions, Conditions, and Notices to Offerors and Respondents

52.204-7 System for Award Management (Oct 2018)

52.204-16 Commercial and Government Entity Code Reporting (Jul 2016)

52.204-18 Commercial and Government Entity Code Maintenance (Jul 2016)

52.215-1 Instructions to Offerors--Competitive Acquisition (Jan 2017)

52.233-2 Service of Protest (Sept 2006) see Section G.02;

52.216-1 Type of Contract (Apr 1984)

The Government contemplates award of a…