2032H320R00009 - CFIUS Phase 2 & 4A Solicitation - Final.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

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

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

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

9.

INFORMATION

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

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

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

20PR-TDP-0192

IRS non-IT (OTPS)

Internal Revenue Service

AWSS/Procurement OS:A:P:T, Stop C7-430

1-IRS NON-IT (OTPS)

5000 Ellin Road

Lanham MD 20706

Internal Revenue Service/OTPS

Ronald Callender ronald.a.callenderjr@irs.gov DCOS/Procurement OS:PR:T, Stop C7-430 5000 Ellin Road; Lanham, MD 20706

RONALD CALLENDER JR

1x 01/24/2020

2032H320R00009

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

The Department of The Treasury, Departmental Offices has a requirement for the contractor to furnish material, labor, supplies, equipment, and supervision for renovation of Main Treasury's 5th Floor as part of CFIUS Phase 2 and 4A as specified within the Statement of Work and associated documents.

The contractor shall use the enclosed US Department of Labor Wage Determination:

General Decision No. DC20200002; dated 01/03/2020.

Contractor shall complete the attached pricing schedule. All cost for work not specifically mentioned in the pricing schedule (daily clean up, work site preparation, etc.) shall be included in the quoted lump sum.

In accordance with FAR 36.204 -- Disclosure of the Magnitude of Construction

Projects, the magnitude of construction for all projects is between $1,000,000 and

$5,000,000.

Site Visit: Scheduled time and date: 10:00 AM, January 30, 2020;

Questions Due: February 13, 2020;

Response Due: February 24, 2020; 3:00 PM EST

Submit proposal, electronically, to Mr. Ronald Callender Jr. | Email:

Ronald.a.callenderjr@irs.gov

Invoice Approver/COR: CHOATE, BARBARA Inv

Continued ...

11. The Contractor shall begin performance

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

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

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

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

d. Offers providing less than

12b. CALENDAR DAYSYES NO

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

0 213 calendar days and complete it within ________________ ________________ calendar days after receiving

SOW

02/24/2020

NSN 7540-01-155-3212

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

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

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

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

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

CODE FACILITY CODE

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

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

AMENDMENT NO.

DATE.

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

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

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

No further contractual document is necessary.

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

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

BY

2PAGE OF

IRS non-IT (OTPS) Internal Revenue Service

AWSS/Procurement OS:A:P:T, Stop C7-430

1-IRS NON-IT (OTPS)

5000 Ellin Road

Lanham MD 20706

NANCY P. KEBE

28. NEGOTIATED AGREEMENT 29. AWARD

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

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

STANDARD FORM 1442 (REV. 4-85) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 3

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

2032H320R00009

Approver/COR Backup1: HENDRICK, ANDRE

Delivery: 10/30/2020

Delivery Location Code: TDP ANNEX

TDP ANNEX

DEPARTMENT OF THE TREASURY

1500 PENNSYLVANIA AVENUE, NW

PENNSYLVANIA AT MADISON PLACE

WASHINGTON DC 20220 US

Invoice Approver/COR: CHOATE, BARBARA Inv

Approver/COR Backup1: HENDRICK, ANDRE

Delivery Location Code: TDP ANNEX

TDP ANNEX

DEPARTMENT OF THE TREASURY- TREASUR

1500 PENNSYLVANIA AVENUE, NW

PENNSYLVANIA AT MADISON PLACE

WASHINGTON DC 20220 US

Period of Performance: 03/31/2020 to 10/30/2020

0001 CFIUS Phase 2 Renovation Part 1 of 2:

Construction Submittals, Demolition and Layout of

Metal Studs.

Delivery: 09/30/2020

Period of Performance: 03/31/2020 to 09/30/2020

0002 CFIUS Phase 2 Renovation: Part 2 of 2 - All remaining construction

Delivery: 10/30/2020

Period of Performance: 09/01/2020 to 10/30/2020

0003 CFIUS Phase 4A Renovation

Delivery: 10/30/2020

Period of Performance: 06/01/2020 to 10/30/2020

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

Sponsored by GSA

FAR (48 CFR) 53.110

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Table of Contents

SECTION I ……………………………………………………………………………………………………………………………………

PRICE/ COST SCHEDULE

STATEMENT OF WORK

SECTION II ………………………………………………………………………………………………………………………………………. 16

CONTRACT CLAUSES AND PROVISIONS INCORPORATED BY FULL TEXT AND REFERENCE…………. 16

SECTION III

WAGE DETERMINATION…………………………………………………………………………………….……………………. 43

SECTION IV………………………………………………………………………………………………………………………………………. 59

INSTRUCTIONS TO OFFERORS

BASIS FOR AWARD

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Item # SUPPLIES/SERVICES QTY UNIT OF

ISSUE

LUMP SUM SUBTOTALS

Base Period of Performance: 3/31/20 – 9/30/20 Date of Award to 3/31/2020 0001 CFIUS Phase 2

Renovation

FFP Lump Sum

1 JB $ $

0002 CFIUS Phase 2 Remaining Renovation

FFP Lump Sum

1 JB $ $

Grand Total:

Item # SUPPLIES/SERVICES QTY UNIT OF

ISSUE

LUMP SUM SUBTOTALS

Option Period of Performance: 6/1/2020 to 10/30/2020 0003 CFIUS Phase 4

Renovation

1 JB $ $

Grand Total:

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STATEMENT OF WORK

CFIUS Base Phase 2 & Option Year 4A

MT 5th Floor Renovation December 9, 2019

1. BACKGROUND

The Treasury was issued an Executive Order to start up a new Interagency committee called CFIUS what stands for, The Committee on Foreign Investment in the United States. CFIUS is an interagency committee authorized to review certain transactions involving foreign investment in the United States, in order to determine the effect of such transactions on the national security of the United States. CFIUS will be located at Main Treasury 5th Floor. This Renovation is for Phase 2 and 4A for the new CFIUS employees.

2. SCOPE

Treasury requires that the knowledge and experience of proposed key personnel (Project Manager, Safety Manager and Superintendent) to have a five year minimum experience by each personnel submitted in Historic Restoration in government buildings. All OSHA training requirements must be up to date.

Furnish all labor, material, permits, equipment and supervision to perform the renovation of the Main Treasury CFICU 5th Floor Renovation in two parts. Base Year is CFIUS Phase 2 and the Option Year is CFIUS Phase 4A as outlined in the documents listed below.

CFIUS Phase 2:

Period of Performance 3/31/20 to 9/30/20 CFIUS Phase 4A Renovation:

Period of Performance 6/1/20 to 10/3/20

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CFIUS Base Contract: Phase 2 Renovation Schedule

EVENTS

Duration:

Calendar

Days

START

DATE FINISH DATE

Contract Award 70 12/16/19 03/31/20

Preconstruction Meeting/ Submittals 38 03/31/20 4/30/20

Relocate Customer from 5th Floor 38 3/24/20 04/30/20

Construction 123 05/01/20 8/31/20

Treasury Install Furniture 20 9/1/20 9/20/20

Treasury Security Accreditation 12 9/21/20 10/2/20

Treasury Network 20 10/3/20 10/23/20

Project Closeout - Customer Move in 1 10/24/20 11/1/20

**Dates are subject to change according to the actual award date of the contract. The duration shall remain the same.

Clarifications to drawings and specifications:

1) All new conduit require dielectric breaks.

2) Eliminate all tables for new tie-in of Siemen’s controls.

3) All controls shall be re-used using building standard thermostats with existing night set-back from central computer and relocate as necessary all room sensors existing in the space as necessary to best suit the occupant.. No new central panel central panel connections are required. CENTRAL PANEL

CONNECTIONS ARE REQUIRED.

4) Provide conduit and wiring to relocate existing controls to serve new equipment.

5) All new FCU’s (Not upgrades) shall have building standard thermostats. Setback for these units are desired, provide Model E055-71520317 or E055-715220319 by IEC which has built-in timer to effect night setback.

6) Provide diffusers to match existing that have tabs to adjust the discharge to prevent dumping of cold air at lower fan speeds.

7) All FCU valves shall be normally closed to match existing.

8) Tertiary chilled water temperature is not reset but delivered at constant temperature with pumps in series with secondary pumps. The automatic valves are two position only for isolation.

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DELIVERABLES AND DELIVERY SCHEDULE

Standard Commercial Warranty:

The Contractor agrees that the supplies or services furnished under this contract shall be covered by the most favorable commercial warranties the contractor gives to any customer for such supplies or services and that the rights and remedies provided therein are in addition to and do not limit any rights and remedies provided to the Government by any other clause of this contract. The contractor shall collect all written warranties and equipment manuals and deliver them to the Government.

The contractor further warrants to the Government that all materials and equipment furnished under this contract will be new, unless otherwise specified, and that all work will be of good quality, free from improper workmanship and defective materials and in conformance with the drawings and specifications. The contractor agrees to correct all work performed under this contract which proves to be defective in material and workmanship within a reasonable time as determined by the Government and the contractor and at no additional cost to the Government.

Contractor to provide a two week look ahead every Monday from Date of Award until Project to Project Completion.

GOVERNMENT-FURNISHED EQUIPMENT AND GOVERNMENT-FURNISHED

INFORMATION

The contractor is authorized to use on a no-charge basis, in the performance of the contract, the Government-owned facilities as identified below:

Restrooms Utility lines

All hose extension, wiring, etc., required for connection for utility lines shall be furnished by the Contractor.

PLACE OF PERFORMANCE

Main Treasury 1500 Pennsylvania Ave, NW, Washington, DC 20220

WORK HOURS

Working hours will be 7pm to 3:30pm Monday through Friday

9 | P a g e except for Government Holidays. Overtime or weekend work will need to be approved by the COR.

The contractor is not required to perform services on the following holidays: Ten Federal holidays are set by law (USC Title 5 Section 6103). Under current definitions, four are set by date:

New Year's Day January 1

Independence Day July 4

Veterans Day November 11

Christmas Day December 25

The following six Federal holidays are set by a day of the week and month:

Martin Luther King's Birthday Third Monday in January

Washington's Birthday Third Monday in February

Memorial Day Last Monday in May

Labor Day First Monday in September

Columbus Day Second Monday in October

Thanksgiving Fourth Thursday in November

HOURS OF OPERATION:

The contractor is responsible for conducting business, between the hours of 7:00 am to 3:30 pm, Monday thru Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. For other than firm fixed price contracts, the contractor will not be reimbursed when the government facility is closed for the above reasons. The Contractor must always maintain an adequate workforce for the uninterrupted performance of all tasks defined within this SOW when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce is essential. The Contracting Officer may adjust these working

10 | P a g e hours at the request of the COR in the best interest of the Government.

SECURITY REQUIREMENTS

Security Categorization:

The clauses listed below apply to the Prime Contractor and any of its subcontractors employed during the course of this contract. The clauses below also apply to tasks, work requests or other identified method of requesting work be performed that flow from this document. No Contractor personnel may perform any work under this Contract until the Government grants specific permission to do so, regardless of existing clearance or investigation.

This Contract is categorized as unclassified at the Moderate (Tier 2/MBI) Level. This Contract does not have Tasks that require different levels of investigations. The Intelligence Community Directive (ICD) 705 Version 1.4, requires construction plans and all related documents to be handled and protected in accordance with the Construction Security Plan (CSP). If classification guides dictate, plans and related documents may require classification. Drawings or diagrams pertaining to this task order may not be posted on an UNCLASSIFIED website or transmitted over the Internet without some type of encryption. Drawings and diagrams shall be protected as Sensitive but Unclassified (SBU) information and shall be stored in an approved GSA container at the contractor facility or lock cabinet accessible by authorized personnel. The contractor shall provide the COR with a list of personnel authorized access to the GSA container and/or lock cabinet containing drawings and diagrams under this PWS. The contractor may not take drawings and diagrams to residence or have open public discussions outside of the contractor facility or the Main Treasury Complex (MTC). Therefore, do not identify SCIF locations on planning or construction documents without Director, Special Security Programs (SSP) approval to include areas that may be identified as “Secure Area” or “Controlled Area”. Under no circumstances shall plans or diagrams that are identified for SCI or Secure Work Area or Controlled Area be sent or posted on unprotected information technology systems or Internet venue without encryption.

Contractors are required to comply with the Treasury Directive P 15-71, Treasury Security Manual in the handling, protection, and safeguarding of government information in their possession. The TD P 15-71 will be followed as it specifies

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Treasury-specific personnel, physical, industrial and information security policy, processes and requirements that apply to this contract.

General Security:

Department of Treasury, otherwise known as the Department, retains the right to request removal of Contractor personnel, regardless of prior clearance or adjudication status, whose actions, while assigned to this contract, clearly conflict with the interest of the Government. Lack of the ability to obtain or maintain the required investigation level is included in the reasons the Department may remove a contractor employee. The reason for removal shall be documented in writing by the Contracting Officer.

Additionally, the Contractor must notify the OSP of all terminations/resignations within 24 hours of occurrence. When and if such removal occurs, the Contractor is responsible for assigning qualified replacement personnel in a timely manner or ensuring that performance of the contract is not adversely affected. The Contractor shall return all departmentally issued identification cards, building passes, keys, and any other government issued material of those terminated employees to the COR. If government issued material is not available to be returned, a report must be submitted to the COR referencing the number, name of individual to whom it was issued, the last known location, and disposition of the items. Failure to return government materials may result in remedial actions against the contractor. Contractor personnel shall visibly wear departmentally issued identification badges when working in Government facilities. If any current or prospective employee is found to be ineligible for access to Government facilities or information by the Department, the COR will notify the contractor that the employee shall not continue to work or to be assigned to work under the contract. The Department may require drug screening for probable cause at any time. The contractor must also ensure that, prior to the end of the contract, all Departmental information, systems and equipment is returned to the appropriate Department personnel. All contractors must be vetted and approved by OSP prior to beginning work on any portion of this contract.

Any employee assigned to support the Department shall comply with Personal Identity Verification One and Two (PIV-1, PIV-2) requirements as described in Homeland Security Presidential Directive 12 (HSPD-12), “Policy for a Common Identification Standard for Federal Employees and Contractors,” and “Federal Information Processing Standard 201, Personal Identity Verification Standards for Federal Employees and Contractors,” dated August 2013. T2/Moderate Risk contract employees must be a U.S. Citizen to perform contract scope.

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The Contractor shall provide the CO the name of all entities to be used as subcontractors for each type of work to be performed prior to performing any work under this contract in accordance with the FAR Subpart 44.2. The Government reserves the right to accept or reject any subcontractors proposed. Contractors should not serve as the escort for their subcontractors or for any other contractor; escorts used should be Departmental Federal employees.

The Contractor is responsible for obtaining the approval of the CO prior to release of any information received or generated under the contract per 48 CFR 252.204-7000. The CO should complete this item as required by internal agency directives to direct the prime contractor to the appropriate office that has public release authority. Prime contractors should serve as focal point for their subcontractors’ public release requests and refer them to the CO. SBU (also known as Controlled Unclassified Information (CUI)) must be protected in accordance with EO 13556, 32 CFR 2002 (full implementation expected to be reached in November 2018), and Treasury Security Manual (TD P 15-71). For Official Use Only must be protected in accordance with the providing Agency’s directives. Data contained within all Department computer systems are governed by Agency Security Regulations as well as the Federal Privacy Act of 1974. Contractor personnel assigned to this project will be held accountable for adherence to these regulations. If the security classification or security requirements are changed by the Government subsequent to the date of this Contract, and if the changes cause an increase or decrease in security costs or otherwise affects any other term or condition of this Contract, any resulting financial burden will be the sole responsibility of the Contractor.

Contractors and their subcontractors must perform all initial, annual, contemporaneous, specialized and termination training required per Department guidance and TD P 15-71 as appropriate for their position. This is in addition to any training their company requires them to have.

Per the TD P 15-71, the Contractor shall report to the COR within 24 hours any adverse information coming to its attention concerning employees working under this contract, to include loss or suspension of favorable adjudication, or security issues involving the scope being completed for the contract. Reports based on rumor or innuendo should not be made. The subsequent termination of an employee does not obviate the requirement of the contractor to submit this report. The report shall include each employee’s name, social security number, and the adverse information. The Contractor shall also report within 24 hours any event the Contractor becomes aware of

13 | P a g e that would be deemed a potential security incident, violation or any compromise involving Treasury systems, material, or data or systems with Treasury material or data on them. The Contractor shall comply with all Federal laws and regulations regarding computer security, information security and privacy.

While the Contractor’s personnel are at the government facility, the Contractor is responsible for compliance with all laws, rules, and regulations governing conduct with respect to security – not only as they relate to its employees and agents, but also to other personnel who are government employees or agents of the government and to property at the site regardless of ownership. While on government premises and in possession of government property, the Contractor is responsible for such property and any damages or compromise thereto by Contractor’s employees. The Contractor and its employees shall exercise the utmost discretion in regard to all matters relating to their duties and functions, and in the safeguarding of pre-decisional or sensitive information (privacy, etc.) from inadvertent release. At the completion of the contract vehicle, the Contractor shall send a written notice from the authorized principle of the company attesting that all file records pertaining to this contract in possession of the Contractor was destroyed.

The contractor will avoid any improprieties located in FAR Part 3 and 52.203-16 regarding gratuities, kickbacks, conflicts of interest and other ethics issues.

Work on this contract may require personnel to have access to private information covered by the Privacy Act, Title 5 of the U.S. Code, Section 552a (in addition to other types of non-public information). All Contractor personnel shall adhere to the requirements of the Privacy Act as well as any applicable Department or Federal rule/regulation regarding private information or other types of non-public information.

As a condition for access for Government‐Owned Systems and data, all Contractor personnel must pass background investigations in accordance with OMB Circular A‐130 which requires screening of all individuals involved with sensitive applications or data in Federal automated information systems.

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Contractor will abide by requirements set forth in the applicable guidance for the protection of unclassified information. If Contractor fails to follow requirements above, this may result in revocation of favorable public trust adjudication for offending employees and potential negative actions against the contract vehicle itself.

Per FAR 52.222-54, the contractor is required to comply with enrollment and verification requirements for all contractors except those previously verified by acceptable means.

The contractor agrees and understands that the latest version (if superseded) of the U.S.C., CFRs, Executive Orders, Treasury policies and all other government issued documents that are referenced above will be followed.

Included in this scope is all applicable FAR clauses associated with Supply Chain Risk as required by EO 13837: Securing the Information and Communications Technology and Services Supply Chain.

• Access and Property Control at Property Location:

Property control: All property being removed from the Treasury Department is subject to inspection by security personnel.

Property cannot be removed from the premises without a completed Treasury Property Pass.

Existing Building Alarm Systems: The Contractor shall notify the COR prior to disturbing any alarm wiring, device, system, etc. The Contractor shall coordinate planned disturbances at least two weeks in advance of the scheduled work. Any alarm wiring, devices, or system that is broken or disturbed for any reason must be reported to the COR. If any system or component is damaged by Contractor employees, the Treasury Department, Administrative Operations Division Security, Safety and Parking Officer will determine the procedures for repairing the work. The cost to repair the system and any related overtime costs for Treasury Department personnel shall be borne by the Contractor.

Parking: There will be no parking available at the Annex Building.

Treasury will only clear vehicles for delivery and pickups.

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Deliveries: All deliveries shall be scheduled no less than 25 hours in advance.

An Access form must be filled out and emailed to FacilitiesServiceDesk@treasury.gov unless otherwise noted on the form.

Ingress/Egress during off-hours is restricted; once in…you are locked in, once out…you are locked out. For non-routine circumstances, with 24 hours’ notice, request special ingress/egress arrangements as needed from COR.

• Material Delivery Process

Access Form to be submitted to Treasury COR with 24 hours’ notice. The electronic Access form is to be e-mailed to FacilitiesServiceDesk@treasury.gov. and COR. All deliveries must go to Federal Protection Service Mobile Scanning Facilities offsite open Monday-Friday (7AM-2:30PM) by appointment only through COR before coming to Treasury.

The truck will then be escorted by USSS to the Treasury Complex, where it may be canine swept and/or EOD inspected. Materials may or may not require further inspection at the Building entrance. It is a judgment call of the UD Officer at the Post. All deliveries shall be made to the Treasury are to be during normal working hours; unless special arrangements have been approved by the COR. Deliveries shall be unloaded in a timely responsive manner, so as not to cause congestion in the Moat or alley.

mailto:FacilitiesServiceDesk@treasury.gov

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SECTION II - CONTRACT CLAUSES – TERMS AND CONDITIONS

52.209-9 – Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018)

(a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the System for Award Management via https://www.sam.gov.

(b) As required by section 3010 of the Supplemental Appropriations Act, 2010 (Pub. L. 111-212), all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available. FAPIIS consist of two segments—

(1) The non-public segment, into which Government officials and the Contractor post information, which can only be viewed by—

(i) Government personnel and authorized users performing business on behalf of the Government; or

(ii) The Contractor, when viewing data on itself; and

(2) The publicly-available segment, to which all data in the non-public segment of FAPIIS is automatically transferred after a waiting period of 14 calendar days, except for--

(i) Past performance reviews required by subpart 42.15;

(ii) Information that was entered prior to April 15, 2011; or

(iii) Information that is withdrawn during the 14-calendar-day waiting period by the Government official who posted it in accordance with paragraph (c)(1) of this clause.

(c) The Contractor will receive notification when the Government posts new information to the Contractor’s record.

(1) If the Contractor asserts in writing within 7 calendar days, to the Government official who posted the information, that some of the information posted to the non-public segment of FAPIIS is covered by a disclosure exemption under the Freedom of Information Act, the Government official who posted the information must within 7 calendar days remove the posting from FAPIIS and resolve the issue in accordance with agency Freedom of Information procedures, prior to reposting the releasable information. The contractor must cite 52.209-9 and request removal within 7 calendar days of the posting to FAPIIS.

(2) The Contractor will also have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them.

(3) As required by section 3010 of Pub. L. 111-212, all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available.

(d) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O.

12600.

(End of clause) 52.211-10 Commencement, Prosecution, and Completion of Work (Apr 1984) The Contractor shall be required to (a) commence work under this contract within one (1) calendar days after the date the Contractor receives the award, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 365 calendar days. The time stated for completion shall include final cleanup of the premises.

52.213-4 Terms and Conditions-Simplified Acquisitions (Other Than Commercial Items) (Jan 2019)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses that are incorporated by reference:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or

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Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(ii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115- 91).

(iii) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(v) 52.222-26, Equal Opportunity (Sept 2016) (E.O.11246).

(vi) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

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

(viii) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub.L.108-77, 108-78 (19 U.S.C. 3805 note)).

(2) Listed below are additional clauses that apply:

(i) 52.232-1, Payments (Apr 1984).

(ii) 52.232-8, Discounts for Prompt Payment (Feb 2002).

(iii) 52.232-11, Extras (Apr 1984).

(iv) 52.232-25, Prompt Payment (Jan 2017).

(v) 52.232-39, Unenforceability of Unauthorized Obligations (Jun 2013).

(vi) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Dec2013)

(vii) 52.233-1, Disputes (May2014).

(viii) 52.244-6, Subcontracts for Commercial Items (Jan 2019).

(ix) 52.253-1, Computer Generated Forms (Jan 1991).

(b) The Contractor shall comply with the following FAR clauses, incorporated by reference, unless the circumstances do not apply:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018)(Pub. L. 109-282) (31 U.S.C. 6101 note) (Applies to contracts valued at $30,000 or more).

(ii) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan2018) (E.O.13126) (Applies to contracts for supplies exceeding the micro-purchase threshold.)

(iii) 52.222-20, Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000 (May 2014) (41 U.S.C.chapter 65) (Applies to supply contracts over $15,000 in the United States, Puerto Rico, or the U.S. Virgin Islands).

(iv) 52.222-35, Equal Opportunity for Veterans (Oct2015) (38 U.S.C.4212) (applies to contracts of $150,000 or more).

(v) 52.222-36, Equal Employment for Workers with Disabilities (Jul 2014) (29 U.S.C.793) (Applies to contracts over $15,000, unless the work is to be performed outside the United States by employees recruited outside the United States.) (For purposes of this clause, “United States” includes the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.)

(vi) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C.4212) (Applies to contracts of $150,000 or more).

(vii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C.chapter 67) (Applies to service contracts over $2,500 that are subject to the Service Contract Labor Standards statute and will be performed in the United States, District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, 18 | P a g e or the outer Continental Shelf).

(viii) (A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O 13627) (Applies to all solicitations and contracts).

(B) Alternate I (Mar 2015) (Applies if the Contracting Officer has filled in the following information with regard to applicable directives or notices: Document title(s), source for obtaining document(s), and contract performance location outside the United States to which the document applies).

(ix) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (Applies when 52.222- 6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia)).

(x) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia.))

(xi) 52.223-5, Pollution Prevention and Right-to-Know Information (May2011) (E.O. 13423) (Applies to services performed on Federal facilities).

(xii) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693)(applies to contracts for products as prescribed at FAR 23.804(a)(1)).

(xiii) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun2016) (E.O. 13693) (Applies to maintenance, service, repair, or disposal of refrigeration equipment and air conditioners).

(xiv) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b) (Unless exempt pursuant to 23.204, applies to contracts when energy-consuming products listed in the ENERGY STAR® Program or Federal Energy Management Program (FEMP)) will be-

(A) Delivered;

(B) Acquired by the Contractor for use in performing services at a Federally-controlled facility;

(C) Furnished by the Contractor for use by the Government; or

(D) Specified in the design of a building or work, or incorporated during its construction, renovation, or maintenance).

(xv) 52.223-20, Aerosols (Jun 2016) (E.O. 13693) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons as a propellant or as a solvent; or contracts for maintenance or repair of electronic or mechanical devices).

(xvi) 52.223-21, Foams (Jun 2016) (E.O. 13693) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons as a foam blowing agent; or contracts for construction of buildings or facilities.

(xvii) 52.225-1, Buy American-Supplies (May2014) (41 U.S.C.chapter 67) (Applies to contracts for supplies, and to contracts for services involving the furnishing of supplies, for use in the United States or its outlying areas, if the value of the supply contract or supply portion of a service contract exceeds the micro-purchase threshold and the acquisition-

(A) Is set aside for small business concerns; or

(B) Cannot be set aside for small business concerns (see 19.502-2), and does not exceed $25,000).

(xviii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792) (Applies to contracts greater than $25,000 that provide for the provision, the service, or the sale of food in the United States).

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

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2013)(Applies when the payment will be made by electronic funds transfer (EFT) and the payment office uses the System for Award Management (SAM) as its source of EFT information).

(xx) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (Applies when the payment will be made by EFT and the payment office does not use the SAM database as its source of EFT information).

(xxi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C.App.1241) (Applies to supplies transported by ocean vessels (except for the types of subcontracts listed at 47.504(d)).

(2) Listed below are additional clauses that may apply:

(i) 52.204-21, Basic Safeguarding of Covered Contractor Information Systems (Jun 2016) (Applies to contracts when the contractor or a subcontractor at any tier may have Federal contract information residing in or transiting through its information system.

(ii) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (Applies to contracts over $35,000).

(iii) 52.211-17, Delivery of Excess Quantities (Sept 1989) (Applies to fixed-price supplies).

(iv) 52.247-29, F.o.b. Origin (Feb 2006) (Applies to supplies if delivery is f.o.b. origin).

(v) 52.247-34, F.o.b. Destination (Nov 1991) (Applies to supplies if delivery is f.o.b. destination).

(c) FAR 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 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):

https://www.acquisition.gov/browse/index/far

(d) Inspection/Acceptance. The Contractor shall tender for acceptance only those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price.

The Government must exercise its post acceptance rights-

(1) Within a reasonable period of time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(e) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence, such as acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(f) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges that the Contractor can demonstrate to the satisfaction of the Government, using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles

20 | P a g e for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred that reasonably could have been avoided.

(g) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(h) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(End of clause) 52.217-8 Option to Extend Services (Nov 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 Days of Contract Expiration.

(End of Clause) 52.222-30 – Construction Wage Rate Requirements—Price Adjustment (None or Separately Specified Method) (Aug 2018)

(a) The wage determination issued under the Construction Wage Rate Requirements statute by the Administrator, Wage and Hour Division, U.S. Department of Labor, that is effective for an option to extend the term of the contract, will apply to that option period.

(b) The Contracting Officer will make no adjustment in contract price, other than provided for elsewhere in this contract, to cover any increases or decreases in wages and benefits as a result of--

(1) Incorporation of the Department of Labor’s wage determination applicable at the exercise of the option to extend the term of the contract.

(2) Incorporation of a wage determination otherwise applied to the contract by operation of law; or

(3) An increase in wages and benefits resulting from any other requirement applicable to workers subject to the Construction Wage Rate Requirements statute.

(End of Clause) 52.225-9 Buy American–Construction Materials (May 2014)

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

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

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

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

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

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

“Construction material” means an article, material, or supply brought to the construction site by the

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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 non-availability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

“Foreign construction material” means a construction material other than a domestic construction material.

“United States” means the 50 States, the District of Columbia, and outlying areas.

(b) Domestic preference.

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

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

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

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

(ii) The application of the restriction of the Buy American statute to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

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

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(1)

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

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

(B) Unit of measure;

(C) Quantity;

(D)…