Sol___693JF717R00031_Package.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)

US DOTMARITIME ADMINISTRATION

1200 NEW JERSEY AVENUE SE

MAIL STOP W-28-201

WASHINGTON DC 20590-0001

MARAD-00091

NICOLE PRICE 202-366-7090

1x 08/16/2017

693JF717R00031

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

Title: Patten Medical Clinic Server Room Water Seepage Project

THE ESTIMATED MAGNITUDE FOR THIS PROJECT IS LESS THAN $25,000.00

THIS SOLICITATION IS SET-ASIDE FOR SMALL BUSINESS CONCERNS ONLY

PROPOSALS CAN BE SENT VIA E-MAIL OR MAILED TO THE ADDRESS BELOW:

NICOLE PRICE

CONTRACT SPECIALIST

OFFICE OF ACQUISITION (MAR-380)

U.S. DOT/MARITIME ADMINISTRATION

1200 NEW JERSEY AVE., S.E. W26-445

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 30 calendar days and complete it within ________________ ________________ calendar days after receiving

08/29/2017

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

US DOTMARITIME ADMINISTRATION

OFFICE OF ACQUISITION

MAR-380

1200 NEW JERSEY AVENUE SE

MARAD-00091

MAIL STOP W-28-201

WASHINGTON DC 20590-0001

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 31

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

693JF717R00031

Delivery Location Code: MARAD-00095

USMERCHANT MARINE ACADEMY PROCURE

US DOTMARITIME ADMINISTRATION

300 STEAMBOAT ROAD

KINGS POINT NY 11024-1699 USA

FOB: Destination

00001 Patten Medical Clinic Server Room Water Seepage

Repair

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

Sponsored by GSA

FAR (48 CFR) 53.110

pg. 4

Solicitation # 693JF717R00031 Patten Medical Server Room Water Seepage Project

Part I – The Schedule

Section B - Supplies or Services and Prices/Costs

Item No Supplies/Services Quantity 0001 Repair of Leaking Penetration for the

Patten Hall Server Room 1Ea

Section C - Description/Specifications/Work Statement

General Requirements

The U.S. Merchant Marine Academy (USMMA) seeks a qualified, licensed and insured contractor to provide labor, material, transportation, tools, equipment and supervision to remediate the water seepage through a basement wall in Patten Hall.

The contractor will responsible for the following:

Survey work area and stake out all utility lines. Note: There are gas lines in the vicinity.

CAREFULLY hand excavate a 2’wide x 2’ long x 4’ deep trench to expose the two communication cable conduits. CONDUITS MUST NOT BE DAMAGED. The trench shall extend approximately three feet below the conduits.

Clean the area around the conduits of ant soil and loose mortar from the concrete wall.

Using a masonry trowel, apply a prestriping coat (allow to dry overnight) and then a thick final coat of an asphalt-modified polyurethane, such as MasterSeal HLM 5000 or approved equal. The water proofing membrane shall be applied in accordance with the manufacturer’s instructions to insure that the conduit protrusions have been completely sealed. Note, the waterproofing shall only be applied below grade.

After the waterproofing membrane has cured, carefully back-fill trench in layers. The bottom layer shall be 3ft of 3/8” crushed stone followed by a 1 foot layer of top soil.

Backfill the excavated area and compact it so that it is level with the surroundings.

Replant or replace any shrub that is disturbed during this course of this project.

Provide all labor and material, transportation and supervision in the performance of all tasks detailed in this statement of work

All work is to conform to federal, state and local regulations and codes Maintain a work area compliant with Federal safety standards Areas worked on shall be cleaned and secured on a daily basis Any damage to existing facilities or appurtenances shall be repaired or replaced in kind, by the contractor at no cost to the Government Examine existing conditions prior to any repair activities, site visit may be scheduled to inspect the site where services are to be performed

pg. 5

Excess material and debris shall be disposed of in accordance with local and state ordinances

No vehicles shall be driven on the sidewalks or grass. Unless granted specific exception due to site access limitations. Repair of landscape, if any, will be the sole responsibility of the contractor.

Make every effort to minimize the impact to the daily routine of the Academy Contractors shall be licensed, bonded and insured as mandated by federal, state and municipal regulations Submit schedule seven (7) days in advance of work to be accomplished for approval Submit schedule showing area to be worked on, dates of work, and estimated timeline for completion of the task(s) Maintain communication with the COR (and immediately inform the COR of any unforeseen issues or problems that arise).

Section D - Packaging and Marking

Packaging and Marking

Preservation, packaging, and marking for all items delivered hereunder shall be in accordance with standard commercial shipping practices.

(a) Contract Number/Purchase Order Number

(b) Package number, description and quantity of items contained therein

(c) COR's name and telephone number

(d) Room number

(e) Contractor's name

Safety

State "Right to Know" laws and 29 CFR 1910.1200, Employee Hazard Communication Program, require manufacturers, importers and suppliers to label containers of toxic substances or hazardous chemicals with the chemical name and appropriate hazard warning and to provide Safety Data Sheets (SDS) for these substances. Hazard Material Information System (HMIS) data shall be provided, as required, on all packaging. Materials not meeting this requirement will not be accepted (off-loaded) by USMMA.

Section E - Inspection and Acceptance

Clauses incorporated by reference

Clause Reference Text Date

52.246-1 Contractor Inspection Requirements April 1984

52.246-2 Inspection of Supplies – Fixed-Price August 1996 52.246-4 Inspection of Services – Fixed Price August 1996

pg. 6

Inspection and Acceptance

Inspection and acceptance of the supplies to be provided hereunder, shall be made by the USMMA appointed COR in accordance with the FAR clauses 52.246-1, 52.246-2 and 52.246-4 and will be performed unless otherwise necessary at the place of delivery.

Quality Assurance

Unless otherwise specified in the contract, the Contractor is responsible for the performance of all inspection and testing requirements as stated in the specification.

Section F - Deliveries or Performance

Place of Delivery

Deliverables as required during the performance of the CLIN specified in Section B of the solicitation shall be delivered f.o.b. destination within consignee's premises in accordance with Attachment A of this contract. The POC/Consignee for receipt of the deliverables is specified in Section G below.

Performance Schedule o Schedule: Monday thru Friday o Hours: 0730 to 1630 (7:30am to 4:30pm) o Completion of Work: Within 30 calendar days after notice to proceed (NTP)

Note: The project should be performed during normal business hours unless approval is granted by the Contracting Officer (CO). If the contractor desires to work on alternate days (Ex.

Saturday, Sunday, holidays or outside the normal hours), a request for approval must be submitted to the Contracting Officer’s Representative (COR) 48 hours before the scheduled time.

Place of Performance

DOT/Maritime Administration USMMA/Patten Medical Clinic 300 Steamboat Road Kings Point, N.Y. 11024

Federal Holidays

U.S. DOT observes the federal holidays that are listed on the Office of Personnel website at:

https://www.opm.gov/fedhol/.

Guaranteed Final Report/Samples

If this contract is terminated prior to completion, the Contractor agrees to provide a full report including the work completed and the work that remains uncompleted in accordance with the proposed project plan and timeline proposed.

https://www.opm.gov/fedhol/

pg. 7

Section G - Contract Administration Data

Office of Acquisition

Nicole Price Contract Specialist Academy & Infrastructure Support Office of Acquisition (MAR-380) DOT/Maritime Administration 1200 New Jersey Avenue Washington, DC 20590 W26-445; 2nd Floor Work: (202) 366-7090 Fax: Correspondence via fax will not be accepted Fax: (202) 366-3237 Nicole.price@dot.gov

COR Office Address

U.S. Merchant Marine Academy Department of Public Works 300 Steamboat Road Kings Point, NY 11024 POC/Consignee: Richard R. Ronde Jr.

ronder@usmma.edu

Issuing Office Address

Nicole Price Contract Specialist Academy & Infrastructure Support Office of Acquisition (MAR-380) DOT/Maritime Administration 1200 New Jersey Avenue Washington, DC 20590 W26-445; 2nd Floor Work: (202) 366-7090 Fax: Correspondence via fax will not be accepted Fax: (202) 366-3237 Nicole.price@dot.gov

Section H - Special Contract Requirements

Type of Contract

The government contemplates award of a Firm Fixed Price (FFP) contract.

mailto:ronder@usmma.edu

pg. 8

Interpretation of Contract Requirements

No interpretation of any provision of this contract, including applicable specification(s)/work statement, shall be binding on the Government unless furnished or agreed to in writing by the

CO.

Security Requirements

The U.S. Merchant Marine Academy’s facilities are considered to be secure government facilities; therefore visitors to USMMA must have a valid driver’s license and will check in with guards at the entrance gate.

The COR will notify the Contractor of any changes to the position sensitivity level for personnel performing under the contract. The COR will also coordinate with the MARITIME ADMINISTRATION Security Division concerning any adjustments to the position sensitivity levels. If any adjustments are made, the COR will notify the Contractor of the requirements thereof.

Key Personnel

Contractor personnel authorized and approved to perform services under this contract are considered to be Key personnel and shall not be removed or replaced without the prior written approval of the CO.

Should the Contractor need to remove or replace any individual from the contract (e.g., promotion, attrition, firing, long-term illness, death, etc.) they shall notify the COR and CO in writing immediately upon realizing that a change is imminent. The Contractor shall include in the written notification an explanation as to why the removal or replacement is necessary, including the name of the individual(s) being removed or replaced, the expected date the change is to occur, a plan for maintaining current support and/or a plan for transitioning support as well as any other important information.

The resume(s) of the proposed replacement(s) and/or substitute(s) shall be submitted for COR and CO review and assessed. The proposed replacement's qualifications and experience shall be at least equal to those of the individual(s) being replaced. The CO will notify the Contractor upon completion of COR and CO review.

Post Award Meeting

At its discretion, the USMMA COR may schedule and conduct a post award meeting with the Contractor after contract award. The objectives of this meeting would be to; introduce key participants and explain their roles, review Deliverables, review the performance work statement and tasks to ensure a common understanding of the requirements and objectives, as well as other

pg. 9 matters of importance and relevance. The day(s) and time(s) of any such meeting will be determined after contract award.

Organizational Conflicts of Interest

The Contractor warrants that, to the best of the Contractor's knowledge and belief, there are no relevant facts or circumstances which could give rise to an organizational conflict of interest (OCI), as defined in FAR 9.5, Organizational and Consultants Conflicts of Interest, or that the Contractor has disclosed all such relevant information.

The Contractor agrees that if an actual or potential OCI is discovered after award, the Contractor shall make a full disclosure in writing to the Contracting Officer. This disclosure must include a description of actions, which the Contractor has taken or proposes to take, after consultation with the Contracting Officer, to avoid, mitigate, or neutralize the actual or potential conflict.

The Contracting Officer may terminate this contract for convenience, in whole or in part, if it deems such termination necessary to avoid an OCI. If the Contractor was aware of a potential OCI prior to award or discovered an actual or potential conflict after award and did not disclose or misrepresented relevant information to the Contacting Office, the Government may terminate the contract for default, debar the Contractor from Government contracting, or pursue such other remedies as may be permitted by law or this contract.

The Contractor must include this clause in all subcontracts and in lower tier subcontracts unless a waiver is requested from, and granted by, the Contracting Officer.

In the event that a requirement changes in such a way as to create a potential conflict of interest for the Contractor, the Contractor must:

Notify the Contracting Officer of a potential conflict, and;

Recommend to the Government an alternate approach which would avoid the potential conflict, or

Present for approval a conflict of interest mitigation plan that will:

(i) Describe in detail the changed requirement that creates the potential conflict of interest;

and

(ii) Outline in detail the actions to be taken by the Contractor or the Government in the performance of the task to mitigate the conflict, division of subcontractor effort, and limited access to information, or other acceptable means.

(iii) The Contractor must not commence work on a changed requirement related to a potential conflict of interest until specifically notified by the Contracting Officer to proceed.

pg. 10

(iv) If the Contracting Officer determines that it is in the best interest of the Government to proceed with work, notwithstanding a conflict of interest, a request for waiver must be submitted in accordance with FAR 9.503.

Control and disposal of Hazardous Chemicals

The Contractor shall comply with the Occupational Safety and Health Administration (OSHA) regulations 29 CFR Parts 1910 and 1926. Attention is directed to the control of hazardous material, Section 1910.1200 of the OSHA regulations and the Environmental Protection Agency regulations concerning the disposal of hazardous waste [Solid Waste Disposal Act, as amended by the Resources Conservation Act of 1976, as amended (42 U.S.C. 6901 et seq.)].

Notice to the Government of Delays

In the event the Contractor encounters difficulty in meeting performance requirements, or when it anticipates difficulty in complying with the contract or any Delivery order delivery schedule or date, or whenever the Contractor has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this contract or of a Delivery order, the Contractor shall immediately notify the CO and the COR, in writing. The notice shall give pertinent details, provided; however, that this data shall be informational only in character and that receipt thereof shall, in no event, be construed as a waiver by the Maritime Administration of any delivery schedule or date or of any rights or remedies provided by law or under this contract. The notice must be provided in no less than 15 days before the performance/delivery/completion date specified in the contract.

Indemnification

(a) Responsibility for Government Property: The Contractor assumes full responsibility for and shall indemnify the Government against any and all losses or damage of whatsoever kind and nature to any and all Government property, including any equipment, supplies, accessories, or parts furnished, while in his custody and care for storage, repairs, or service to be performed under the terms of this contract, resulting in whole or in part from the negligent acts or omissions of the Contractor, any subcontractor, or any employee, agent or representative of the Contractor or subcontractor.

If due to the fault, negligent acts (whether of commission or omission) and/or dishonesty of the Contractor or its employees, any Government-owned or controlled property is lost or damaged as a result of the Contractor's performance of this contract, the Contractor shall be responsible to the Government for such loss or damage, and the Government, at its option, may in lieu of payment thereof, require the Contractor to replace at his own expense, all property lost or damaged.

pg. 11

(b) Hold Harmless and Indemnification Agreement: The Contractor shall save and hold harmless and indemnify the Government against any and all liability claims, and cost of whatsoever kind and nature for injury to or death of any person or persons and for loss or damage to any Contractor property or property owned by a third party occurring in connection with or in any way incident to or arising out of the occupancy, use, service, operation, or performance of work under the terms of this contract, resulting in whole or in part from the acts or omissions of the Contractor, any subcontractor, or any employee, agent, or representative of the Contractor or subcontractor.

(c) Government's Right of Recovery: Nothing in the above paragraphs shall be considered to preclude the Government from receiving the benefits of any insurance the Contractor may carry which provides for the indemnification of any loss or destruction of, or damages to property in the custody and care of the Contractor where such loss, destruction or damage is to Government property. The Contractor shall do nothing to prejudice the Government's right to recover against third parties for any loss, destruction of, or damage to Government property, and upon the request of the Contracting Officer shall, at the Government's expense, furnish to the Government all reasonable assistance and cooperation (including assistance in the prosecution of suit and the execution of instruments of assignment in favor of the Government) in obtaining recovery.

(d) Government Liability: The Government shall not be liable for any injury to the Contractor's personnel or damage to the Contractor's property unless such injury or damage is due to negligence on the part of the Government and is recoverable under the Federal Torts Claims Act, or pursuant to other Federal statutory authority.

pg. 12

Part II – Contract Clauses

Section I - Contract Clauses

52-252.2 Solicitation Clauses Incorporated By Reference This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://farsite.hill.af.mil and https://acquisition.gov/far/

Clause Reference Text Date 52.202-1 Definitions Nov 2013 52.203-3 Gratuities April 1984 52.203-5 Covenant Against Contingent Fees May 2014 52.204-7 System for Award Management Oct 2016 52.204-13 System for Award Maintenance Oct 2016 52.204-19 Incorporation by Reference of Representations and

Certifications Dec 2014

52.219-6 Notice of Total Small Business Set-Aside Nov 2011 52.222-3 Convict Labor June 2003 52.222-6 Construction Wage Rate Requirements May 2014 52.222-7 Withholding of Funds May 2014 52.222-8 Payrolls and Basic Records May 2014 52.222-9 Apprentices and Trainees July 2005 52.222-10 Compliance with Copeland Act Requirements Feb 1988 52.222-11 Subcontracts (Labor Standards) May 2014 52.222-12 Contract Termination-Debarment May 2014 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations May 2014

52.222-14 Disputes Concerning Labor Standards Feb 1988 52.222-15 Certification of Eligibility May 2014 52.222-26 Equal Opportunity Sept 2016 52.222-35 Equal Opportunity for Veterans Oct 2015 52.222-37 Employment Reports on Veterans Feb 2016 52.222-50 Combating Trafficking in Persons Mar 2015 52.223-3 Hazardous Material Identification and Material Safety

Data Jan 1997

52.223-5 Pollution Prevention and Right-to-Know Information May 2011 52.223-6 Drug-Free Workplace May 2001 52.223-11 Ozone-Depleting Substances and High Global Warning

Hydrofluorocarbons June 2016 http://farsite.hill.af.mil/ https://acquisition.gov/far/

pg. 13

Clause Reference Text Date 52.223-18 Encouraging Contractor Policies to Ban Text Messaging while Driving Aug 2011

52.225-13 Restrictions on Certain Foreign Purchases June 2008 52.227-4 Patent Indemnity – Construction Contracts Dec 2007

52.228-5 Insurance – Work on a Government Installation Jan 1997 52.228-11 Pledges of Assets Jan 2012 52.228-14 Irrevocable Letter of Credit Nov 2014 52.229-3 Federal, State, and Local Taxes Feb 2013 52.232-5 Payments under Fixed-Price Construction Contracts May 2014 52.232-17 Interest May 2014 52.232-27 Prompt Payment for Construction Contracts Jan 2017 52.232-33 Payment by Electronic Funds Transfer—System for Award

Management July 2013

52.233-1 Disputes May 2014 52.233-3 Protest After Award Aug 1996 52.233-4 Applicable Law for Breach of Contract Claim Oct 2004 52.236-2 Differing Site Conditions April 1984 52.236-3 Site Investigation and Conditions Affecting the Work April 1984 52.236-5 Material and Workmanship April 1984 52.236-6 Superintendence by the Contractor April 1984 52.236-7 Permits and Responsibilities Nov 1991 52.236-8 Other Contracts April 1984 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements April 1984

52.236-10 Operations and Storage Areas April 1984 52.236-11 Use and Possession Prior to Completion April 1984 52.236-12 Cleaning Up April 1984 52.236-13 Accident Prevention Nov 19991 52.236-14 Availability and Use of Utility Services April 1984 52.236-15 Schedules for Construction Contracts April 1984 52.236-17 Layout of Work April 1984 52.236-21 Specifications and Drawings for Construction Feb 1997 52.236-26 Preconstruction Conference Feb 1995 52.236-28 Preparation of Proposals-Construction Oct 1997 52.242-14 Suspension of Work April 1984

52.244-6 Subcontracts for Commercial Items Jan 2017

52.246-12 Inspection of Construction Aug 1996

52.246-21 Warranty of Construction March 1994

pg. 14

Clause Reference Text Date 52.249-2 Termination for Convenience of the Government (Fixed-

Price) April 2012

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

Clauses Incorporated By Full Text

52.211-10 -- Commencement, Prosecution, and Completion of Work. (Apr 1984)

The Contractor shall be required to

(a) commence work under this contract within 5 calendar days after the date the Contractor receives the notice to proceed,

(b) prosecute the work diligently, and

(c) complete the entire work ready for use not later than 30 days. The time stated for completion shall include final cleanup of the premises.

(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.

pg. 15

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

“Cost of components” means—

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

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph

(1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

“Domestic construction material” means—

(1) An unmanufactured construction material mined or produced in the United States;

(2) A construction material manufactured in the United States, if—

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

(ii) The construction material is a COTS item.

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

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

(b) Domestic preference.

(1) This clause implements the 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

pg. 16

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.

(1)

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

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

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

pg. 17

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

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

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

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

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison

Construction material description Unit of measure Quantity Price (dollars) * Item 1 Foreign construction material Domestic construction material Item 2 Foreign construction material Domestic construction material

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.]

pg. 18

[Include other applicable supporting information.]

[*Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).]

(End of Clause)

52.236-1 -- Performance of Work by the Contractor. (Apr 1984)

The Contractor shall perform on the site, and with its own organization, work equivalent to at least fifty (50) percent of the total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the Government.

(End of Clause)

52.236-4 -- Physical Data. (Apr 1984)

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

(a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by the Federal Government through an Architectural and Engineering (A & E) firm.

(End of Clause)

52.243-4 -- Changes. (Jun 2007)

(a) The Contracting Officer may, at any time, without notice to the sureties, if any, by written order designated or indicated to be a change order, make changes in the work within the general scope of the contract, including changes --

(1) In the specifications (including drawings and designs);

(2) In the method or manner of performance of the work;

(3) In the Government-furnished property or services; or

(4) Directing acceleration in the performance of the work.

(b) Any other written or oral order (which, as used in this paragraph (b), includes direction, instruction, interpretation, or determination) from the Contracting Officer that causes a change shall be treated as a change order under this clause; Provided, that the Contractor gives the Contracting Officer written notice stating --

(1) The date, circumstances, and source of the order; and

pg. 19

(2) That the Contractor regards the order as a change order.

(c) Except as provided in this clause, no order, statement, or conduct of the Contracting Officer shall be treated as a change under this clause or entitle the Contractor to an equitable adjustment.

(d) If any change under this clause causes an increase or decrease in the Contractor’s cost of, or the time required for, the performance of any part of the work under this contract, whether or not changed by any such order, the Contracting Officer shall make an equitable adjustment and modify the contract in writing. However, except for an adjustment based on defective specifications, no adjustment for any change under paragraph (b) of this clause shall be made for any costs incurred more than 20 days before the Contractor gives written notice as required. In the case of defective specifications for which the Government is responsible, the equitable adjustment shall include any increased cost reasonably incurred by the Contractor in attempting to comply with the defective specifications.

(e) The Contractor must assert its right to an adjustment under this clause within 30 days after (1) receipt of a written change order under paragraph (a) of this clause or (2) the furnishing of a written notice under paragraph (b) of this clause, by submitting to the Contracting Officer a written statement describing the general nature and amount of the proposal, unless this period is extended by the Government. The statement of proposal for adjustment may be included in the notice under paragraph (b) of this clause.

(f) No proposal by the Contractor for an equitable adjustment shall be allowed if asserted after final payment under this contract.

(End of Clause)

52.252-4 -- Alterations in Contract. (Apr 1984)

Portions of this contract are altered as follows:

NONE

(End of Clause)

Part II – Contract Clauses

Part III – List of Documents, Exhibits, and other Attachments

pg. 20

Section J - List of Attachments

Part IV – Representations and Instructions

Section K - Representations, Certifications, and other Statements of Offerors or Quoters

52-252.1 Solicitation Provisions Incorporated By Reference

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address (es): https://farsite.hill.af.mil and https://acquisition.gov/far/

Provision Title Date 52.207-1 Notice of Standard Competition May 2006 52.209-5 Certification Regarding Responsibility Matters Oct 2015 52.209-7 Information Regarding Responsibility Matters July 2013 52.219-28 Post-Award Small Business Program Representation July 2013 52.222-15 Certification of Eligibility May 2014 52.225-12 Notice of Buy American Act Requirement – Construction

Materials Under Trade Agreements May 2014

52.225-25 Prohibition on Engaging in Sanctioned Activities Relating to Iran-Certification

Sep 2010

52.236-28 Preparation of Proposals—Construction Oct 1997

Provisions Incorporated By Full Text

52.204-8 Annual Representations and Certifications (Jan 2017)

Attachment Description A Statement of Work & Diagrams

B Past Performance Questionnaire

C Categorical Exclusion Checklist https://farsite.hill.af.mil/ https://acquisit/

pg. 21

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 236220 – Commercial and Institutional Building Construction

(2) The small business size standard of $36.5 millions of dollars.

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

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

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

□ (i) Paragraph (d) applies.

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

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

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

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

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

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

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation. This provision applies to all solicitations.

https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1137850 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1137850 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1137583 https://www.acquisition.gov/sites/default/files/current/far/html/FARTOCP13.html#wp271421 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1137684 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1150648

pg. 22

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations—Representation.

(vii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(viii) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(ix) 52.214-14, Place of Performance—Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(x) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xi) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(xii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xiii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xiv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1137777 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1137850 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1149919 https://www.acquisition.gov/sites/default/files/current/far/html/52_207_211.html#wp1144766 https://www.acquisition.gov/sites/default/files/current/far/html/52_207_211.html#wp1144909 https://www.acquisition.gov/sites/default/files/current/far/html/52_207_211.html#wp1146404 https://www.acquisition.gov/sites/default/files/current/far/html/52_214.html#wp1129381 https://www.acquisition.gov/sites/default/files/current/far/html/52_215.html#wp1144523 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1135900 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1135943 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1147663 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1147711 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1147704 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1147711

pg. 23

(xv) 52.222-38, Compliance with Veterans’ Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

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

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

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

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

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

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

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

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

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

(D) If the acquisition value is $77,533 or more but is less than $100,000, the provision with its Alternate III applies.

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

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

https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1148142 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1168958 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1168785 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1168786 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1168826 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1197892 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1137850 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1169013 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1192900 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1169071 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1169038 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1169193 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1169151 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1181379

pg. 24

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

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

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

[Contracting Officer check as appropriate.]

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

__ (ii) 52.204-20, Predecessor of Offeror.

__ (iii) 52.222-18, Certification…