36C78619Q0376-004.docx
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- CSD - Midwest District - Fort Snelling Natl Cemetery - Pump house repair NRM project number 894-NRM19-102
- Solicitation number
- 36C78619Q0376
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08-00M
1. SOLICITATION NUMBER
2. TYPE OF SOLICITATION
3. DATE ISSUED
PAGE OF PAGES
4. CONTRACT NUMBER
5. REQUISITION/PURCHASE REQUEST NUMBER
6.
PROJECT NUMBER
7. ISSUED BY
CODE
8. ADDRESS OFFER TO
a. NAME
b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)
10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date) 12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?
(If "YES," indicate within how many calendar days after award in Item 12B.)
12b. CALENDAR DAYS
13. ADDITIONAL SOLICITATION REQUIREMENTS:
STANDARD FORM 1442 (REV.
8/2014)
STANDARD FORM 1442
Prescribed by GSA-FAR (48 CFR) 52.236-1(d)
SOLICITATION, OFFER,
AND AWARD
(Construction, Alteration, or Repair)
SOLICITATION
SOLICITATION
IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.
9. FOR INFORMATION
CALL:
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".
SEALED BID (IFB)
NEGOTIATED (RFP)
11. The Contractor shall begin performance within ____________ calendar days and complete it within calendar days after receiving award, notice to proceed. This performance period is mandatory negotiable. (See _____________________________).
YES
NO
a.
Sealed offers in original and ___________________copies to perform the work required are due at the place specified in Item 8 by _____________ (hour) local time _____________________ (date). If this is a sealed bid solicitation, offers must be publicly opened at that t ime. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, the date and time offers are due.
b.
An offer guarantee is, is not required.
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.
d.
Offers providing less than _______________________ calendar days for Government accepta nce after the date offers are due will not be considered and will be rejected.
36C78619Q0376 X 8069-000016
894-NRM19-102
43C1 Department of Veterans Affairs NCA Contracting Service 18434 Joplin Road Triangle VA 22172 Department of Veterans Affairs NCA Contracting Service 18434 Joplin Road Triangle VA 22172 Denise Russell 540-658-7201 The Department of Veterans Affairs National Cemetery Administration (NCA) anticipates awarding a firm-fixed priced repair of the booster pump, the replacement of the jockey pump, the replacement of the pump and motor for well No. 3, for the North Well House at Fort Snelling National Cemetery, 7601 34th Avenue, South, Minneapolis, MN 55450.
Base Bid: Provide all labor, materials, tools, equipment, transportation and supervision for the Well House Motor, Pump, and Electrical Repairs, in accordance with the Statement of Work.
Add Alternate Bid: The removal and replacement of the turbine pump and 60 HP motor for well No. 3 located inside the the North Well House, in accordance with the Statement of Work.
Per VAAR 836.204, The construction magnitude for this requirement is between $100,000 and $250,000.
This acquisition is 100% set aside for Service-Disabled Veteran-Owned Small Businesses (SDVOSB). Only verified SDVOSB firms are eligible to submit an offer or receive an award of a VA contract that is set aside for SDVOSB. The SDVOSB must be register ed and verified at https://www.vip.vetbiz.gov.
Questions shall be submitted to denise.russell3@va.gov no later than 4:00 pm, EST, Monday, July 15, 2019. Email must contain the following in the subject line: Solicitation Number, Project Name, Cemetery Name, Project Number. Questions received after this date and time will not be accepted.
All quotations are due by July 22, 2019, at 2:00 p.m. EST. Electronic submissions are accepted. Submit all proposals via email to denise.russell3@va.gov. Provide all the requirements below: Form 1442 with all the required blocks completed on page 2, to include total price, Le gal Business/Company Name (as indicated on www.sam.gov, DUNS number: ________________________________ Point of Contact Name: ________________________________________ Telephone Number: ____________________________________ Email Address: ______________
Completed Price Schedule in PDF format. (All applicable freight/installation included) Descriptive literature as specified in the Statement of Work and te chnical evaluation factors
The following factors listed in descending order of importance will be used to evaluate offers:
(1) Price (2) Past Performance (3) Technical Capability Past Performance and Technical Capability when combined are not more important than Price.
The government intends to award without discussions, however; the Governme nt reserves the right to conduct discussion if the Contracting Officer later determines them to be necessary.
X X 52.211-10 X X
14. NAME AND ADDRESS OF OFFEROR
15. TELEPHONE NUMBER
16. REMITTANCE ADDRESS
CODE
FACILITY CODE
17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of the solicitation, if this offer is accepted by the Government in writing within __________ calendar days after the date offers are due.
AMOUNTS
18. The offeror agrees to furnish any required performance and payment bonds.
19. ACKNOWLEDGMENT OF AMENDMENTS
AMENDMENT
NUMBER
DATE.
20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER 20b.
SIGNATURE
20c. OFFER DATE
21. ITEMS ACCEPTED:
22. AMOUNT
23. ACCOUNTING AND APPROPRIATION DATA
24. SUBMIT INVOICES TO ADDRESS SHOWN IN
ITEM
25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO
10 U.S.C. 2304(c)( 41 U.S.C. 3304(a) (
26. ADMINISTERED BY
27. PAYMENT WILL BE MADE BY
PHONE:
FAX:
28. NEGOTIATED AGREEMENT
29. AWARD
Your Contractor agrees offer on this solicitation is hereby accepted as to the items listed. This to furnish and deliver all items or perform all work requirements identified award consummates the contract, which consists of (a) the Government on this form and any continuation sheets for the consideration stated in solicitation and your offer, and (b) this contract award. No further cont-this contract. The rights and obligations of the parties to this contract ractual document is necessary.
shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.
30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31a. NAME OF CONTRACTING OFFICER
TO SIGN
30b. SIGNATURE 30c. DA
TE
31b. UNITED STATES OF AMERICA 31c. AWARD DATE
BY
OFFER
AWARD
STANDARD FORM 1442 (REV. 8/2014) BACK
(Include ZIP Code) (Include area code) (Include only if different than Item 14.)
(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.)
(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each) (Type or print) (4 copies unless otherwise specified) (Type or print) (Type or print) (Contractor is required to sign this document and return _______ copies to issuing office.)
(Contractor is not required to sign this document.)
(Must be fully completed by offeror) (To be completed by Government)
CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE
Base Bid: $_____________________ Add Alternate $_____________________ Total Amount $_____________________ 36C786 Department of Veterans Affairs National Cemetery Administration Contracting Services 75 Barrett Heights Road, Suite 309 Stafford VA 22556 http://www.tungsten-network.com/customer -campaigns/veterans-affairs/
1-877-752-0900 Denise Russell
Table of Contents
| PART I - THE SCHEDULE | 1 |
| SECTION A - SOLICITATION/CONTRACT FORM | 1 |
| A.1 SF 1442 SOLICITATION, OFFER, AND AWARD (Construction, Alteration, or Repair) | 1 |
| A.2 SF 1442 SOLICITATION, OFFER, AND AWARD (CONSTRUCTION, ALTERATION, OR REPAIR)– BACK | 2 |
| 1.1 GENERAL INTENTION | 2 |
| 1.2 STATEMENT OF BID ITEM(S) | 2 |
| 1.3 FIRE SAFETY | 2 |
| 1.4 OPERATIONS AND STORAGE AREAS | 3 |
| 1.5 ALTERATIONS | 4 |
| 1.6 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND | 5 |
| IMPROVEMENTS | 5 |
| 1.7 RESTORATION | 5 |
| 1.8 USE OF ROADWAYS | 6 |
| 1.9 TEMPORARY TOILETS | 6 |
| 1.10 AVAILABILITY AND USE OF UTILITY SERVICES | 6 |
| 1.11 HISTORIC PRESERVATION | 6 |
| END | 8 |
| INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS | 11 |
| 2.1 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (MAY 2014) | 12 |
| 2.2 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999) | 12 |
| 2.3 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS (MAY 2014) | 13 |
| 2.4 52.228-1 BID GUARANTEE (SEP 1996) | 14 |
| 2.5 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) | 15 |
| 2.6 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) | 15 |
| 2.7 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (NOV 2018) | 15 |
| 2.8 VAAR 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESS EVALUATION FACTORS (JUL 2016)(DEVIATION) | 16 |
| 2.9 VAAR 852.228-72 ASSISTING SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESSES IN OBTAINING BONDS (DEC 2009) | 16 |
| REPRESENTATIONS AND CERTIFICATIONS | 17 |
| 3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (OCT 2018) | 17 |
| GENERAL CONDITIONS | 21 |
| 4.1 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014) | 21 |
| 4.2 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED ENTITIES (JUL 2018) | 21 |
| 4.3 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984) ALTERNATE I (APR 1984) | 22 |
| 4.4 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) | 22 |
| 4.5 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUL 2013) | 23 |
| 4.6 52.222-35 EQUAL OPPORTUNITY FOR VETERANS (OCT 2015) | 24 |
| 4.7 52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (MAY 2014) | 24 |
| 4.8 SUPPLEMENTAL INSURANCE REQUIREMENTS | 27 |
| 4.9 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) | 28 |
| 4.10 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (DEC 2009) | 30 |
| 4.11 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (JUL 2016)(DEVIATION) | 30 |
| 4.12 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018) | 31 |
| 4.13 VAAR 852.228-70 BOND PREMIUM ADJUSTMENT (JAN 2008) | 32 |
| 4.14 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018) | 32 |
| 4.15 VAAR 852.236-71 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (APR 2019) | 33 |
| 4.16 VAAR 852.236-79 CONTRACTOR PRODUCTION REPORT (APR 2019) | 34 |
| 4.17 VAAR 852.236-80 SUBCONTRACTS AND WORK COORDINATION (APR 2019) | 34 |
| 4.18 VAAR 852.236-82 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (WITHOUT NAS) (APR 1984) | 35 |
| 4.19 VAAR 852.236-88 CONTRACT CHANGES--SUPPLEMENT (JUL 2002) | 37 |
| 4.20 VAAR 852.242-70 GOVERNMENT CONSTRUCTION CONTRACT ADMINISTRATION (APR 2019) | 39 |
| 4.21 VAAR 852.246-75 WARRANTY OF CONSTRUCTION—GUARANTEE PERIOD SERVICES (OCT 2018) | 40 |
| 4.22 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018) | 41 |
| 4.23 VAAR 852.203-71 DISPLAY OF DEPARTMENT OF VETERAN AFFAIRS HOTLINE POSTER (DEC 1992) | 41 |
| 4.24 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008) | 41 |
| 4.25 VAAR 852.236-84 SCHEDULE OF WORK PROGRESS (NOV 1984) | 42 |
PRICE SCHEDULE
Scope: Provide all labor, materials, tools, equipment, transportation and supervision for the repair of the booster pump, the replacement of the jockey pump, the replacement of the pump and motor for well No. 3. at the Fort Snelling National Cemetery. Note: See statement of work.
Completion Time: The Contractor will complete all work within One Hundred Sixty-five (165) calendar days after receipt of Notice to Proceed, subject to all terms, conditions, provisions and schedules of the contract.
| ITEM NO. |
| DESCRIPTION |
| EST. |
QTY
| UNIT |
| TOTAL PRICE |
Base Bid
Add Alternate Provide all labor, materials, tools, equipment, transportation and supervision for the repair of the booster pump, the replacement of the jockey pump, the replacement of the pump and motor for well No. 3, in accordance with the SOW and specifications. Performance: 75 calendar days from the NTP.
Add the removal and replacement of the turbine pump and 60 HP motor for well No. 3 located inside the North Well House, in accordance with the SOW and specifications. Performance: add 90 additional calendar days for Add Alternate 1 to the 75 calendar days of the base bid for a total of 165 calendar days after the NTP.
Job
Job
NOTE:
1. Offeror must provide a detail cost breakdown of the total amount stated above.
2. Add alternates are not guaranteed for award.
Project No. 894-19-102 Scope of Work Fort Snelling National Cemetery Well House Motor, Pump and Electrical Repairs- FCA Deficiency Corrections July 2019
Provide all labor, materials, tools, equipment, transportation and supervision for the repair of the booster pump, the replacement of the jockey pump, the repair of the well pipe for well No. 4, the replacement of the Master Distribution Panel (MDP), the replacement of the transformer as well as the lights for the North Well House at Fort Snelling National Cemetery, Minneapolis, MN. The work includes site investigation to verify all measurements and site conditions before start of the work and the ordering of any materials. All work shall be performed in a professional workmanship like manner. All adjacent disturbed surfaces shall be repaired to the same quality standards of the existing work and shall also match the adjacent areas. Properly remove and dispose all debris from government property. All work must be in accordance with applicable federal, state and local codes and regulations. The contractor shall be responsible for any applicable permits. All electrical work shall be in accordance with the latest edition of the National Electrical Code (NEC). A pre-bid visit by the bidder is required to get an accurate understanding of the work. All work must be done in strict accordance with the manufacturer’s requirements and installation guidelines and shall be performed by a licensed full time professional with two or more years of experience in the respective trade.
BID ITEMS:
A. Base Bid shall be for all work described in this scope except for item 1.d. (see below). Completion Time: 75-calendar days from Notice to Proceed B. Add Alternate Bid shall be the cost to ADD the removal and replacement of the turbine pump and 60 HP motor for well No. 3 located inside the North Well House, see item 1.d. below. Completion Time: 90-calendar days from Notice to Proceed
1) The basis of design for the following pump work and well pipe repairs were determined by Katie Renner of E.H. Renner & Sons (763-427-6101), specializing in the replacement and repair of Fort Snelling National Cemetery’s well pumps, motors and their related accessories. The materials for this work need to be AIS certified. The identified tasks include:
a) In the North Well House the existing jockey pump and motor no longer function. Remove and replace the existing 5 HP, 65 GPM, 3600 RPM centrifugal pump and motor with a new unit that is equal or better than the existing utilizing the latest in technology. This work includes all the related parts, wire connectors, etc. as needed to complete the project (incidental to the project).
b) In the North Well House, booster pump No. 1 requires maintenance work. Remove and replace the pump packing and the bearings on the centrifugal pump attached to the Uniclosed Motor (40 HP, 460 Amps, 3 Phase, 3600 RPM). The work includes but is not limited to removing both packing followers, removing old packing, installing new packing (0.375”), reinstall followers and adjustment, shop time to make bearings (0.416SS) and sending motor to and from motor shop for repair. All work related to the repair of booster pump No. 1 is considered incidental to the project.
c) Well No. 4 located on the grounds adjacent to the South Well House with the submersible pump (75 HP Hitach, 208/60/3 2 Pole Driver and Gould 2 stage pump, 1200 GPM at 193’, 200’ x 8” x 3-0/3) is discharging too much air which indicates a hole in the drop pipe or the check valve is not functioning correctly. This work includes but is not limited to removing and replacing approximately 200 L.F. of 8-inch drop pipe Schedule 40 black steel, the removal and replacement of an 8-inch check valve that is equal to or better than the existing check valve as well as the shop time to inspect the pump and motor. All work related to the replacement of the drop pipe and the check valve as well as the inspection of the motor and pump is considered incidental to the project.
d) ADD ALTERNATE: Remove and replace the existing lineshaft turbine pump (Floway 12DOH, 1200 GPM at 160’) and motor (US 60 HP) at well No. 3 inside the North Well House with new that is equal or better than the existing utilizing the latest in technology. The work includes but is not limited to removing and replacing the motor, the pump, the column T&C and shafting T&C (approx. 160’), the bearing retainers (16 each), the rubber bearings (16 each), the packing gland, packing, turbine oil, tape, the 1” PVC stilling tube and wire brush (approx. 160’) and providing a video of the well.
2) Several North Well House electrical components have exceeded its useful life and need to be replaced.
This includes the Master Distribution Panel (MDP), the transformer and the interior lights.
a) Replace the old MDP 400 Amp 3 phase electrical panel along with the circuit breakers and the busses with new Square D or equal control panel and new electrical circuit breakers located in the electrical room of the north well house.
i. Provide circuit testing to ensure circuits are not overloaded.
ii. The power distribution system including the feeder from the pad mounted utility transformer located outside the old maintenance building (Bldg 3001) shall be tested and checked with a report of the findings.
iii. The existing MDP has a clearance problem (NEC 110.26 Code violation) with the existing meter. It is the contractor’s responsibility to correct this issue with the installation of the new MDP. This may include relocating the existing meter or utilizing the existing MDP into a junction box and shifting the new MDP to a new location or other resolution at the approval of the COR. The work required to provide the required clearance will be considered incidental to the project.
iv. It will be the contractor’s responsibility to determine sizes and to match the existing breaker sizes as required in the new MDP.
v. Trace out and identify existing circuits/breaker loads for new panel schedule. Provide a new typed legible circuit panel index card with all circuits properly identified in accordance with the desire of the cemetery.
vi. Provide ARC flash identification per NFPA 70E vii. The work shall also include removing the old MPD control panel and all the associated gear and tie into existing feeds. All work shall be installed in accordance with the National Electric Code and local building codes.
viii. Also provide all temporary power as needed to keep operations running. All service disruptions will need to be coordinated with the COR
b) The old Sorgel transformer located in the electrical room of the North Well House shall be removed and replaced with a new transformer that is equal or better than the existing utilizing the latest in technology and shall meet the DOE 10 CFR 431 and NEMA TP-1-2002 Energy Efficient Transformer Standards. This work includes all the related parts, wire connectors, etc. as needed to complete the project (incidental to the project).
c) The existing internal (upper and lower levels) overhead ceiling lights (7 total) located in the North Well House (including the electrical room) and their switches (and cover plates) need to be removed and replaced with new lights and switches that are equal or better than the existing utilizing the latest in technology The new ceiling lights (attached to the ceiling) shall each be a T8 LED tube (2 tubes, 4’ long, 16 Watts each, 3500K color temperature) closed commercial (sturdy) style light. The existing branch circuit wiring shall be tested, checked and inspected with a report of the findings.
3) The route of construction traffic to and from the project site shall be clear of debris at all times as well as the required safety signage and barricades for the safe passage of visitors. Thoroughly clean up the work area at the end of each day’s work and at the completion of the project. Leave the premises clean and free of waste, scrap, used equipment or other material intentionally delivered to the site by the contractor or contractor’s personnel.
4) Map and site information follows in the attachments.
SECTION 01010
GENERAL REQUIREMENTS
TABLE OF CONTENTS
| 1.1 GENERAL INTENTION | 2 |
| 1.2 STATEMENT OF BID ITEM(S) | 2 |
| 1.3 FIRE SAFETY | 2 |
| 1.4 OPERATIONS AND STORAGE AREAS | 3 |
| 1.5 ALTERATIONS | 4 |
| 1.6 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND | 5 |
| IMPROVEMENTS | 5 |
| 1.7 RESTORATION | 5 |
| 1.8 USE OF ROADWAYS | 6 |
| 1.9 TEMPORARY TOILETS | 6 |
| 1.10 AVAILABILITY AND USE OF UTILITY SERVICES | 6 |
| 1.11 HISTORIC PRESERVATION | 6 |
| END | 8 |
| INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS | 11 |
| 2.1 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (MAY 2014) | 12 |
| 2.2 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999) | 12 |
| 2.3 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS (MAY 2014) | 13 |
| 2.4 52.228-1 BID GUARANTEE (SEP 1996) | 14 |
| 2.5 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) | 15 |
| 2.6 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) | 15 |
| 2.7 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (NOV 2018) | 15 |
| 2.8 VAAR 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESS EVALUATION FACTORS (JUL 2016)(DEVIATION) | 16 |
| 2.9 VAAR 852.228-72 ASSISTING SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESSES IN OBTAINING BONDS (DEC 2009) | 16 |
| REPRESENTATIONS AND CERTIFICATIONS | 17 |
| 3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (OCT 2018) | 17 |
| GENERAL CONDITIONS | 21 |
| 4.1 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014) | 21 |
| 4.2 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED ENTITIES (JUL 2018) | 21 |
| 4.3 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984) ALTERNATE I (APR 1984) | 22 |
| 4.4 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) | 22 |
| 4.5 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUL 2013) | 23 |
| 4.6 52.222-35 EQUAL OPPORTUNITY FOR VETERANS (OCT 2015) | 24 |
| 4.7 52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (MAY 2014) | 24 |
| 4.8 SUPPLEMENTAL INSURANCE REQUIREMENTS | 27 |
| 4.9 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) | 28 |
| 4.10 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (DEC 2009) | 30 |
| 4.11 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (JUL 2016)(DEVIATION) | 30 |
| 4.12 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018) | 31 |
| 4.13 VAAR 852.228-70 BOND PREMIUM ADJUSTMENT (JAN 2008) | 32 |
| 4.14 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018) | 32 |
| 4.15 VAAR 852.236-71 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (APR 2019) | 33 |
| 4.16 VAAR 852.236-79 CONTRACTOR PRODUCTION REPORT (APR 2019) | 34 |
| 4.17 VAAR 852.236-80 SUBCONTRACTS AND WORK COORDINATION (APR 2019) | 34 |
| 4.18 VAAR 852.236-82 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (WITHOUT NAS) (APR 1984) | 35 |
| 4.19 VAAR 852.236-88 CONTRACT CHANGES--SUPPLEMENT (JUL 2002) | 37 |
| 4.20 VAAR 852.242-70 GOVERNMENT CONSTRUCTION CONTRACT ADMINISTRATION (APR 2019) | 39 |
| 4.21 VAAR 852.246-75 WARRANTY OF CONSTRUCTION—GUARANTEE PERIOD SERVICES (OCT 2018) | 40 |
| 4.22 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018) | 41 |
| 4.23 VAAR 852.203-71 DISPLAY OF DEPARTMENT OF VETERAN AFFAIRS HOTLINE POSTER (DEC 1992) | 41 |
| 4.24 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008) | 41 |
| 4.25 VAAR 852.236-84 SCHEDULE OF WORK PROGRESS (NOV 1984) | 42 |
i
SECTION 01010
GENERAL REQUIREMENTS
1.1 GENERAL INTENTION
A. Contractor shall completely furnish labor, tools, equipment, materials, etc to perform work as required by Scope of Work, drawings, and specifications.
B. Visits to the site by Bidders may be made by appointment with Cemetery Director.
1.2 STATEMENT OF BID ITEM(S)
A. ITEM I, GENERAL CONSTRUCTION: Work includes general construction to provide various work at Fort Snelling National Cemetery, Springfield, Illinois.
1.3 FIRE SAFETY
A. Applicable Publications: Publications listed below form part of this Article to extent referenced.
Publications are referenced in text by basic designations only.
1. American Society for Testing and Materials (ASTM) E84-1998 ............................. Surface Burning Characteristics of Building Materials
2. National Fire Protection Association (NFPA):
10-1998 ............................... Standard for Portable Fire Extinguishers FCLCH-30-1996 .................... Flammable and Combustible Liquids Code 51B-1999 ............................. Standard for Fire Prevention During Welding, Cutting and Other Hot Work 70-1999 ............................... National Electrical Code 241-1996 ............................. Standard for Safeguarding Construction, Alteration, and Demolition Operations
3. Occupational Safety and Health Administration (OSHA) 29 CFR 1926 ......................... Safety and Health Regulations for Construction B. Fire Safety Plan: Establish and maintain a fire protection program in accordance with 29 CFR 1926. Prior to start of work, prepare a plan detailing project-specific fire safety measures, including periodic status reports, and submit to COR.
C. Site and Building Access: Maintain free and unobstructed access to facility emergency services and for fire, police and other emergency response forces in accordance with NFPA 241.
D. Separate temporary facilities, such as trailers, storage sheds, and dumpsters, from existing buildings and new construction by distances in accordance with NFPA 241. For small facilities with less than 6 m (20 feet) exposing overall length, separate by 3m (10 feet).
E. Fire Extinguishers: Provide and maintain extinguishers in construction areas and temporary storage areas in accordance with 29 CFR 1926, NFPA 241 and NFPA 10.
F. Flammable and Combustible Liquids: Store, dispense and use liquids in accordance with 29 CFR 1926, NFPA 241 and NFPA 30.
G. Smoking: Smoking is prohibited in and adjacent to construction areas inside existing buildings and additions under construction. In separate and detached buildings under construction, smoking is prohibited except in designated smoking rest areas.
H. Dispose of waste and debris in accordance with NFPA 241. Remove from site daily.
I. Perform other construction, alteration and demolition operations in accordance with 29 CFR 1926.
1.4 OPERATIONS AND STORAGE AREAS
A. The Contractor shall confine all operations (including storage of materials) on Government premises to areas authorized or approved by the Contracting Officer. The Contractor shall hold and save the Government, its officers and agents, free and harmless from liability of any nature occasioned by the Contractor's performance.
B. Temporary buildings (e.g., storage sheds, shops, offices) and utilities may be erected by the Contractor only with the approval of the Contracting Officer and shall be built with labor and materials furnished by the Contractor without expense to the Government. The temporary buildings and utilities shall remain the property of the Contractor and shall be removed by the Contractor at its expense upon completion of the work. With the written consent of the Contracting Officer, the buildings and utilities may be abandoned and need not be removed.
C. The Contractor shall, under regulations prescribed by the Contracting Officer, use only established roadways, or use temporary roadways constructed by the Contractor when and as authorized by the Contracting Officer. When materials are transported in prosecuting the work, vehicles shall not be loaded beyond the loading capacity recommended by the manufacturer of the vehicle or prescribed by any Federal, State, or local law or regulation. When it is necessary to cross curbs or sidewalks, the Contractor shall protect them from damage. The Contractor shall repair or pay for the repair of any damaged curbs, sidewalks, or roads.
D. Working space and space available for storing materials shall be as determined by the COR.
E. Workmen are subject to rules of Cemetery applicable to their conduct.
F. Execute work in such a manner as to interfere as little as possible with work being done by others. Keep roads clear of construction materials, debris, standing construction equipment and vehicles at all times.
G. Contractor shall notify the COR two weeks in advance of the proposed date of starting work in each specific area of site or portion thereof. Arrange such dates to insure accomplishment of this work in successive phases mutually agreeable to Cemetery Director and COR.
H. Construction Fence: Before construction operations begin, Contractor shall provide a 4’ high orange plastic snow fence around the construction area. Maintain fence to protect visitors and public from construction area hazards.
I. To minimize interference of construction activities with flow of Cemetery traffic, comply with the following:
1. Keep roads, walks and entrances to grounds, to parking and to occupied areas of buildings clear of construction materials, debris and standing construction equipment and vehicles. At least one lane must be open to traffic at all times.
2. Method and scheduling of required cutting, altering and removal of existing roads, walks and entrances must be approved by the COR.
J. Coordination of Construction with Cemetery Director: The burial activities at a National Cemetery shall take precedence over construction activities. The Contractor must cooperate and coordinate with the Cemetery Director, through the COR, in arranging construction schedule to cause the least possible interference with cemetery activities. Construction noise during the interment services shall not disturb the service. Trucks and workmen shall not pass through the service area during this period.
1. The Contractor is required to discontinue his work sufficiently in advance of Easter Sunday, Mother's Day, Father's Day, Memorial Day, Veteran's Day and/or Federal holidays, to permit him to clean up all areas of operation adjacent to existing burial plots before these dates.
2. Cleaning up shall include the removal of all equipment, tools, materials and debris and leaving the areas in a clean, neat condition.
1.5 ALTERATIONS
A. Survey: Before any work is started, the Contractor shall make a thorough video survey with the COR of areas in which work is to occur, and areas which are anticipated routes of access, and furnish a videotape copy to the Contracting Officer. Video shall note any discrepancies between drawings and existing conditions at site. Video shall designate areas for working space, materials storage and routes of access to areas within buildings where alterations occur and which have been agreed upon by Contractor and COR.
B. Re-Survey: One week before expected partial or final inspection date, the Contractor and COR together shall make a thorough re-survey of the work areas. They shall report on conditions as compared with conditions of same as noted in preconstruction video survey.
1. Re-survey report shall also list any damage caused by and, will form basis for determining extent of repair work required of Contractor to restore damage caused by Contractor's workmen in executing work of this contract.
C. Protection: Provide the following protective measures:
1. Temporary protection against damage for portions of existing structures and grounds where work is to be done, materials handled and equipment moved and/or relocated.
2. Dampen debris to keep down dust during construction. Broom clean at the end of each workday. Remove debris as it is created.
D. Disposal and Retention: Materials and equipment accruing from work removed and from demolition or parts thereof shall be properly disposed of off cemetery grounds.
1.6 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND
IMPROVEMENTS
A. The Contractor shall preserve and protect all structures, equipment, and vegetation (such as trees, shrubs, and grass) on or adjacent to the work site, which are not to be removed and which do not unreasonably interfere with the work required under this contract. The Contractor shall only remove trees when specifically authorized to do so, and shall avoid damaging vegetation that will remain in place. If any limbs or branches of trees are broken during contract performance, or by the careless operation of equipment, or by workmen, the Contractor shall trim those limbs or branches with a clean cut and paint the cut with a tree-pruning compound as directed by the Contracting Officer.
B. The Contractor shall protect from damage all existing improvements and utilities at or near the work site and on adjacent property of a third party, the locations of which are made known to or should be known by the Contractor. The Contractor shall repair any damage to those facilities, including those that are the property of a third party, resulting from failure to comply with the requirements of this contract or failure to exercise reasonable care in performing the work. If the Contractor fails or refuses to repair the damage promptly, the Contracting Officer may have the necessary work performed and charge the cost to the Contractor.
1.7 RESTORATION
A. Remove, cut, alter, replace, patch and repair existing work as necessary to install new work. Existing work to be altered or extended and that is found to be defective in any way, shall be reported to the COR before it is disturbed. Materials and workmanship used in restoring work shall conform in type and quality to that of original existing construction, except as otherwise shown or specified.
B. Upon completion of contract, deliver work complete and undamaged. Existing work (walls, ceilings, partitions, floors, mechanical and electrical work, lawns, paving, roads, walks, etc.) disturbed or removed as a result of performing required new work, shall be patched, repaired, reinstalled, or replaced with new work, and refinished and left in as good condition as existed before commencing work.
C. At Contractor's own expense, Contractor shall immediately restore to service and repair any damage caused by Contractor's workmen to existing piping and conduits, wires, cables, etc., of utility services or of fire protection systems and communications systems (including telephone) which are indicated on drawings and which are not scheduled for discontinuance or abandonment.
D. Expense of repairs to such utilities and systems not shown on drawings or locations of which are unknown will be covered by adjustment to contract time and price in accordance with clause entitled "CHANGES" (FAR 52.243-4 and VAAR 852.236-88) and "DIFFERING SITE CONDITIONS" (FAR 52.236-2) of Section 01001, GENERAL CONDITIONS.
1.8 USE OF ROADWAYS
A. For hauling, use only established public roads and roads on Cemetery property and, when authorized by the COR, such temporary roads which are necessary in the performance of contract work. Temporary roads shall be constructed by the Contractor at Contractor's expense.
When necessary to cross curbing, sidewalks, or similar construction, they must be protected by well-constructed bridges.
1.9 TEMPORARY TOILETS
A. Contractor's workmen may utilize public restrooms of the cemetery facility.
1.10 AVAILABILITY AND USE OF UTILITY SERVICES
A. The Government shall make all reasonably required amounts of utilities available to the Contractor from existing outlets and supplies. The Contractor shall carefully conserve any utilities furnished without charge.
B. The Contractor, at Contractor's expense and in a workmanlike manner satisfactory to the Contracting Officer, shall install and maintain all necessary temporary connections and distribution lines, and all meters required to measure the amount of electricity used for the purpose of determining charges. Before final acceptance of the work by the Government, the Contractor shall remove all the temporary connections, distribution lines, meters, and associated paraphernalia. C. Electricity:
1. Obtain electricity by connecting to the Cemetery electrical distribution system where available. Electricity is available at no cost to the Contractor. Where electric connection is not available, provide and utilize portable generators as needed. D. Water:
1. Obtain water by connecting to the Cemetery water distribution system. Provide reduced pressure backflow preventer at each connection. Water is available at no cost to the Contractor.
2. Maintain connections, pipe, fittings and fixtures and conserve water-use so none is wasted. Failure to stop leakage or other wastes will be cause for revocation (at COR’s discretion) of use of water from Cemetery's system.
1.11 HISTORIC PRESERVATION
Where the Contractor or any of the Contractor's employees, prior to, or during the construction work, are advised of or discover any possible archeological, historical and/or cultural resources, the Contractor shall immediately notify the COR verbally, and then with a written follow up.
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ADDITIONAL FORT SNELLING NATIONAL CEMETERY
PROJECT INFORMATION AND REQUIREMENTS
A. CEMETERY LOCATION: The work will be performed at one (1) location:
Fort Snelling National Cemetery 7601 34th Avenue, South Minneapolis, MN 55450
Phone (612) 726-9433 Ed White, Foreman
B. GENERAL INFO:
Job Foreman: A job foreman shall be provided whenever work is being performed to ensure employees are adequately supervised and proper conduct is maintained.
Period of Performance: The Contractor shall complete the work of the base bid within 75 calendar days from start to finish after Notice To Proceed (NTP) has been issued. For the Add Alternate work, add an additional 90 calendar days to the 75 calendar days performance under the base bid, for a total of 165 calendars after receipt of the NTP.
Work Hours: All work shall be performed between the normal business hours (8:00 a.m. to 4:30 p.m.), Monday through Friday.
Pre-bid Site Visit: Bidders are required to make a pre-bid site visit. Such visits must be pre-scheduled and arranged by contacting the Fort Snelling National Cemetery office.
1. The National Cemetery Administration honors veterans with a final resting place and lasting memorials that commemorate their service to our Nation. National Cemeteries are national shrines. The standards of work, appearance, and procedures performed by the contractor at this cemetery shall reflect this nations concern for those interred there. Due to the sensitive mission of the cemetery, contractor personnel must exercise and exhibit absolute decorum, composure, and stability at all times.
2. The Contractor is responsible to ensure that all work shall be done in a manner that safeguards all NCA visitors, employees, and public. A competent crew leader shall be provided by the Contractor for whenever work is being performed to ensure employees are adequately supervised and proper conduct is maintained.
3. Be required to be fully clothed at all times, to include upper garment to cover body from the waist to the neck and long pants or slacks.
4. The Contractor/personnel shall not engage in loud or boisterous behavior, angry outbursts or use profane or abusive language at anytime on Government property. Playing radios and/or electronic games/devices, is not permitted.
END
06-01-14
SECTION 01 33 23
SHOP DRAWINGS, PRODUCT DATA, AND SAMPLES
1-1. Submit for approval, all of the product items specifically mentioned in the plans, with information sufficient to evidence full compliance with contract requirements. Provide samples of full range of colors and finishes available for review and approval, prior to ordering.
Materials, fabricated articles and the like to be installed in permanent work shall equal those of approved submittals. After an item has been approved, no change in brand or make will be permitted unless:
A. Satisfactory written evidence is presented to, and approved by Contracting Officer, that manufacturer cannot make scheduled delivery of approved item or;
B. Item delivered has been rejected and substitution of a suitable item is an urgent necessity or;
C. Other conditions become apparent which indicates approval of such substitute item to be in best interest of the Government.
1-2. Forward submittals in sufficient time to permit proper consideration and approval action by Government. Time submission to assure adequate lead time for procurement of contract - required items. Delays attributable to untimely and rejected submittals will not serve as a basis for extending contract time for completion.
1-3. Submittals will be reviewed for compliance with contract requirements and action thereon will be taken by District Engineer on behalf of the Contracting Officer.
1-4. The Government reserves the right to require additional submittals, whether or not particularly mentioned in this contract. If additional submittals beyond those required by the contract are furnished pursuant to request therefor by Contracting Officer, adjustment in contract price and time will be made in accordance with Articles titled CHANGES (FAR 52.243-4) and CHANGES - SUPPLEMENT (VAAR 852.236-88) of the GENERAL CONDITIONS.
1-5. Submittals must be submitted by Contractor only and shipped prepaid. Contracting Officer assumes no responsibility for checking quantities or exact numbers included in such submittals.
01 33 23 - 1 A. Submittals will receive consideration only when covered by a transmittal letter signed by Contractor. Letter shall be sent via first class mail and shall contain the list of items, name of Cemetery, name of Contractor, contract number, applicable specification paragraph numbers, (other information required for exact identification of location for each item), manufacturer and brand, ASTM or Federal Specification Number (if any) and such additional information as may be required by specifications for particular item being furnished. In addition, catalogs shall be marked to indicate specific items submitted for approval.
1. A copy of letter must be enclosed with items, and any items received without identification letter will be considered "unclaimed goods" and held for a limited time only.
2. Each certificate, manufacturers' literature and data shall be labeled to indicate the name and location of the Cemetery, name of Contractor, manufacturer, brand, contract number and ASTM or Federal Specification Number as applicable and location(s) on project.
3. Required certificates shall be signed by an authorized representative of manufacturer or supplier of material, and by Contractor.
1-6. Test reports, certificates and manufacturers' literature and data, shall be submitted for approval to
| NCA Midwest District Engineer |
| 575 North Pennsylvania Street, Suite 495 |
| Indianapolis, IN 46204 |
1-7. At the time of transmittal to the Architect-Engineer, the Contractor shall also send a copy of the complete submittal directly to the COR.
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INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS
52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)
a) The Government will award a Firm-Fixed Price contract using the lowest price technically acceptable approach resulting from this solicitation to the responsible offeror whose quote is most advantageous to the Government regarding price and other factors considered. In addition, the Government intends to award without discussions. Therefore, the offeror’s initial quote should contain optimal terms from a price and technical standpoint.
The following factors listed in descending order of importance will be used to evaluate offers: (1) Price, (2) Past Performance; and (3) Technical Capability. Past Performance and Technical Capability when combined are not more important than Price.
(b) Options. Option years are not applicable to this requirement.
(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party.
EVALUATION OF QUOTATIONS:
The following factors will be used to evaluate offers: (1) Price, (2) Past Performance and (3) Technical capability. The contractor shall submit a list of similar projects undertaken in the past five years along with their quotation. The list shall include a description of the project and contact person with phone number and email address. Technical capability will be evaluated by how well the quoted products meet the Government requirement and will include examination of product literature, technical features and warranty provisions, as stated in the Statement of Work.
To submit a quote, please read the entire attached Request for Quote document. Provide all requirements below:
1. Completed and signed SF 1442 with all required blocks completed on Page 2, to include Total Price in block 17 and printed name, authorized signature and date in blocks 20a, 20b and 20c.
2. Legal Business/Company Name (as it is indicated in www.sam.gov)
3. DUNS Number
4. Point of Contact Name
5. Telephone number
6. E-Mail Address
7. Completed Price Schedule in PDF format. (All applicable freight/setup/installation included) Descriptive literature as specified in the Statement of Work and technical evaluation factors
2.1 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (MAY 2014) (a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements, of this solicitation.
(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.
(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.
(2) The due date for receipt of offers will not be extended as a result of an offeror's request for a wage determination for a secondary site of the work.
(End of Provision)
2.2 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)
(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.
(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:
| Goals for minority participation for each trade |
| Goals for female participation for each trade |
| 2.9 % |
| 6.9 % |
These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.
(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction," and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.
(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the—
(1) Name, address, and telephone number of the subcontractor;
(2) Employer's identification number of the subcontractor;
(3) Estimated dollar amount of the subcontract;
(4) Estimated starting and completion dates of the subcontract; and
(5) Geographical area in which the subcontract is to be performed.
(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is Camp Butler National Cemetery
(End of Provision)
2.3 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS (MAY 2014)
(a) Definitions. "Commercially available off-the-shelf (COTS) item," "construction material," "domestic construction material," and "foreign construction material," as used in this provision, are defined in the clause of this solicitation entitled "Buy American—Construction Materials" (Federal Acquisition Regulation (FAR) clause 52.225-9).
(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before…
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