SolicitationAG-32KW-S-12-0032Electrical Svcs.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)

563671

APHIS MRPBS CONSTRUCTION CONTRACTIN

22675 N. MOOREFIELD RD.

BLDG 6407

EDINBURG TX 78541

APHIS-MRPBS-ASD-ESB

Attn:Martha Garza

USDA APHIS

22675 N. Moorefield Rd, Bldg 6407 Edinburg, TX 78541

MARTHA GARZA (956) 205-7604

1x 02/16/2011

AG-32KW-S-12-0032

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

Tax ID Number: Not Available

DUNS Number: Not Available

Electrician Services for maintenance and repair as needed at the Moore Air Base in

Edinburg, TX for repair of high and low voltage lines, trouble shooting electrical outages, installation of transformers on pads or piers, electrical pole setting and pole removal.

This project requires bid, payment and performance bonds and is subject to the Davis

Bacon Wage Rates for the area where the work is to be performed.

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.)

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

Section F, FAR 52.211-10

03/16/2012

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

APHIS MRPBS CONSTRUCTION CONTRACTIN

22675 N. MOOREFIELD RD.

BLDG 6407

EDINBURG TX 78541

APHIS-MRPBS-ASD-ESB

MARTHA GARZA

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...

Solicitation No.: AG-32KW-S-12-0032

Section B

Part I – The Schedule

Section B- Supplies or Services and Prices/Costs

B.1 Requirement:

Provide all labor, materials, tools, equipment necessary to provide electrician services as described in the following statement of work and as detailed on each task order issued against this IDIQ. All work performed under the task orders shall be done in accordance with any referenced specifications and drawings and all applicable local, state and federal codes, rules and regulations (not attached). The specifics of each task will be provided in the task order as appropriate and will consist of three line items, labor, equipment and material in accordance with the labor rates and material markup as shown below. The task order will specify contract type, either Time and Material or Firm Fixed Price.

Line Item Description Base Period March 15, 2012 through March 14, 2013

1 Labor Charges Rates

Labor Category ____________________________ ______________

Labor Category ____________________________ ______________

Labor Category ____________________________ ______________

Labor Category ____________________________ ______________

2 Equipment Charges Rates

Equipment ________________________________ ______________

Equipment ________________________________ ______________

Equipment ________________________________ ______________

Equipment ________________________________ ______________

3 Material Markup ______________

Option Year I March 15, 2013 through March 14, 2014

4 Labor Charges Rates

Labor Category_____________________________ ______________

Labor Category_____________________________ ______________

5 Equipment Charges Rates

Equipment ________________________________ ______________

Equipment ________________________________ ______________

Equipment ________________________________ ______________

6 Material Markup ______________

Option Year II March 15, 2014 through March 14, 2015

7 Labor Charges Rates

Labor Category_____________________________ ______________

Labor Category_____________________________ ______________

8 Equipment Charges Rates

Equipment ________________________________ ______________

9 Material Markup ______________

Option Year III March 15, 2015 through March 14, 2016

10 Labor Charges Rates

Labor Category_____________________________ ______________

11 Equipment Charges Rates

Equipment ________________________________ ______________

Equipment ________________________________ ______________

Equipment ________________________________ ______________

12 Material Markup ______________

Option Year IV March 15, 2016 through March 14, 2017

13 Labor Charges Rates

Labor Category_____________________________ ______________

14 Equipment Charges Rates

Equipment ________________________________ ______________

Equipment ________________________________ ______________

Equipment ________________________________ ______________

15 Material Markup ______________

B.2 AGAR 452.216-73 Minimum and Maximum Contract Amounts (FEB 1988)

During the period specified in FAR clause 52.216-18, ORDERING, the Government shall place orders totaling a minimum of $500.00, but not in excess of $500,000.00.

B.3 AGAR 452.216-74 Ceiling Price (FEB 1988)

In task orders that are awarded at Time and Material, the following clause shall be included:

The ceiling price of this contract is $1,000.00. The Contractor shall not make expenditures or incur obligations in the performance of this contract which exceed the ceiling price specified herein, except at the Contractor’s own risk.

Section C

Section C- Description/Specifications

C.1 CONTRACT PROJECT:

1.1

Title: Electrician Services Indefinite-Delivery Indefinite-Quantity

1.2

Location: Moore Air Base, Edinburg, TX 78541

1.3 Project Background: The United States Department of Agriculture (USDA), Animal Plant Health Inspection Services (APHIS), Plant Protection and Quarantine (PPQ) has a requirement for a licensed Company to provide labor, material, equipment and services necessary to provide electrical services for various maintenance and repair of electrical equipment, as needed, at the Moore Air Base in Edinburg, Texas. Services include but are not limited to high and low voltage lines, installation and/or removal of power poles, installation and/or repair of transformers on pads or piers and electrical troubleshooting as required.

2.0 PROJECT CONTACT PERSONS:

2.1 Contracting Officer (CO):

Martha Garza

USDA, APHIS, ASD

22675 N. Moorefield RD Edinburg, TX 78541 Tel. No.: 956-205-7604 Fax No.: 956-205-7631

E-mail: Martha.Garza@aphis.usda.gov

2.2 Engineering Project Manager (EPM):

Toni Taylor-Mitchell

USDA, APHIS, ASD, ESB

4700 River Road, Unit 115 (3A-03-42) Riverdale, MD 20737 - 1238 Tel. No.: (301) 734-5505 Fax No.: (301) 734-4846

E-mail: Toni.A.Taylor@aphis.usda.gov

Wendell Leonard

2.3 Program Manager (PM):

Facilities Manager

USDA, APHIS PPQ

4700 River Road Riverdale, MD 20737-1238 Tel. No.: 301-734-4462 Fax No.:

E-mail: Wendell.Leonard@aphis.usda.gov

2.4 Facility Manager (FM):

TBD

2.5 Safety, Health and Environmental Staff

Peter Petch Industrial Hygienist

USDA, APHIS, ESD, SHEWB

mailto:Wendell.Leonard@aphis.usda.gov�

Room 2A-02.49 4700 River Road, Unit 124 Riverdale, MD 20737-1238 Tel. No. : 301-734-5383 Fax No. : 301-734-7828 Email : Peter.A.Petch@aphis.usda.gov

3.0 SCOPE SERVICES:

Services to be provided will require immediate response by a licensed Company having a qualified person on site to perform the work within 12 hours of the initial notification. The Company shall have qualified personnel available for on call services 24 hours a day, seven days a week. Qualified staff shall also be available to work a forty hour week when the PPQ staff electrician is not available.

All equipment, materials, installation and workmanship shall comply with the mandatory and advisory provision of the IBC, NFPA70, IEEE, NEMA, UL, ASTM and Local, State, and Federal Codes.

Permits shall be obtained for all work and copies of the permit shall be posted at the site in addition to providing a copy to the FM prior to commencing work. Copies of the “Certificate of Inspection (s) and warranty certificates shall be provided to the FM prior to submitting invoices for payment. If the repair effort required installation of equipment or components that involve a manufacture’s warranty or operation and maintenance manual, these documents shall also accompany the invoice.

Task Orders will be issued for each effort and will be handled independently for invoicing and closeout. Orders may be issued on either a time or material basis or firm fixed price basis as appropriate.

The following Contracting Officers are authorized to issue orders against the IDIQ.

Martha Garza Jose Cerda (not to exceed warrant)

4.0 SUBMITTALS:

4.1 Submittal Quantities:

Contracting Officer: 1 copy Contracting Officer’s Representative: 1 copy Engineering Project Manager: 1 copy Project Manager: 1 copy

4.2 Final Turnover:

As-built Drawings/Warranty Contracting Officer: 1 copy, and computer disk COR: 1 copy, and computer disk Project Manager: 2 copies, and computer disk Engineering Project Manager: 1 copy, and computer disk

C.2 AGAR 452.211-73 Attachments to Statements of Work/Specifications. (FEB 1988)

The attachments to the Statement of Work/Specifications listed in Section J are hereby made part of this solicitation and any resultant contract.

(End of Clause) mailto:Peter.A.Petch@aphis.usda.gov�

Section D

Section D - Packaging and Marking

No Clauses Are Included in This Section

Section E

Section E - Inspection and Acceptance

E.1 52.252-2 Clauses Incorporated by Reference. (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://www.arnet.gov/far

(End of clause)

I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

NUMBER TITLE DATE

52.246-6 Inspection-Time-and-Material May 2001 And Labor-Hour

52.246-12 Inspection of Construction APR 1996

E.2 452.246-70 Inspection and Acceptance. (FEB 1988)

(a) The Contracting Officer or the Contracting Officer's duly authorized representative will inspect and accept the supplies and/or services to be provided under this contract.

(b) Inspection and acceptance will be performed at:

USDA, APHIS, PPQ

22675 N. Moorefield Rd, Bldg Edinburg, TX 78541

Section F

Section F - Deliveries or Performance

F.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.arnet.gov/far

NUMBER TITLE DATE

52.242-14 SUSPENSION OF WORK APR 1984

F.2 Delivery Schedule

The delivery schedule will be as indicated in each task order when issued.

F.3 52.211-10 Commencement, Prosecution, and Completion of Work. (APR 1984)

The Contractor shall be required to (a) commence work under this contract within the time frame as specified in each task order, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than the date as specified in each task order. The time stated for completion shall include final cleanup of the premises.

F.4 AGAR 452.211-75 Effective Period of the Contract. (FEB 1988)

The effective period of this contract is from date of award through the latter of the exercised option period or the latest delivery date for a task.

(End of Clause)

Section G

Section G - Contract Administration Data

G.1 CONTRACTING OFFICER’S REPRESENTATIVE

The Contracting Officer’s Representative (COR) will be designated after contract award.

G.2 CONSTRUCTION PROGRESS AND PAYMENT SCHEDULE

(a) Within 14 calendar days after the date of receipt of the Notice to Proceed, the Contractor shall prepare and submit an original APHIS Form 38, Construction Progress and Payment Schedule. This Schedule shall first be submitted to the Contracting Officer’s Representative (COR) for approval. After approval by the Contracting Officer, a copy of the approved schedule will be returned to the Contractor and the COR for their file. This file will serve as a Schedule of Estimates, Progress Schedule; and when used with APHIS FORM 39-R, Contractor’s Request for Payment, it will be used as a basis for requesting progress payments. The values employed in making the schedule will be used only for determining progress payments and will not be considered as fixing a basis for additions to or deductions from the contract.

(b) Samples of both APHIS Forms 38 and 39-R are made part of this package. A small supply of these forms will be given to the Contractor with his Notice to Proceed.

Additional copies will be made available from the Contracting Officer upon request.

(c) APHIS Form 38 is required even when progress payments are not requested.

(d) Release From Claims: Upon satisfactory completion of all work under this contract, the

Contractor shall furnish a “release of claims” to the Government arising under and by virtue of the contract. The Contractor shall complete and submit with his final billing a statement using the following language:

“For and in consideration of the receipt of final payment in the amount of $ ________________ under and pursuant to Contract Number ________________, the undersigned hereby releases the Government from any and all obligations whatsoever arising under said contract”.

G.3 CONTRACT CHANGES

The Contractor is required to use the Change Order Request form, Attachment____, when requesting any contract change. All change order requests are to address cost and schedule so that an informed decision can be made regarding its approval or disapproval.

G.4 BENEFICAL OCCUPANCY/SUBSTANTIAL COMPLETION AND ACCEPTANCE

Attachments 3 and 4 will be used to request and then document substantial completion and acceptance when all contract requirements are complete. The Government may execute substantial completion of the project incrementally for discrete/severable portions of the project.

G.5 SUBCONTRACTOR/VENDOR LIST

For each task order the contractor will be required to provide a list of subcontractors and vendors utilized for the project. Upon completion by each subcontractor or vendor, a release of claims is to be obtained and a copy provided to the COR.

G.6 CONTRACT CHANGE FORMAT

The provisions of Changes Clause (FAR 52.243-4), or Changes and Changed Conditions (FAR 52.243-5), as applicable, are to be adhered to for submittal of request for changes/change order.

See attachment 2. All change order requests shall address cost and schedule so that an informed decision can be made regarding its approval or disapproval.

G.7 LICENSES, CERTIFICATES AND PERMITS

The successful contractor will assure that any person operating a truck, forklift, or other equipment, vehicle or machinery possesses and maintains the proper permit, license or certificate at all times when accessing the facility.

Section H

Section H - Special Contract Requirements

I. FEDERAL ACQUISITION REGULATIONS (48 CFR CHAPTER 1) CLAUSES

NUMBER TITLE DATE

H.1 52.236-14 Availability and Use of Utility Services. (APR 1984)

(a) The Government shall make all reasonably required amounts of utilities available to the Contractor from existing outlets and supplies, as specified in the contract. Unless otherwise provided in the contract, the amount of each utility service consumed shall be charged to or paid for by the Contractor at prevailing rates charged to the Government or, where the utility is produced by the Government, at reasonable rates determined by the Contracting Officer. The Contractor shall carefully conserve any utilities furnished without charge.

(b) The Contractor, at its 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 each utility 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.

Electricity and water should be available at the facility. Follow usage guidelines as reflected in Specifications, as applicable.

H.2 452.224-70 Confidentiality of Information. (FEB 1988)

(a) Confidential information, as used in this clause, means -

(1) information or data of a personal nature, proprietary about an individual, or (2) information or data submitted by or pertaining to an organization.

(b) In addition to the types of confidential information described in (a)(1) and (2) above, information which might require special consideration with regard to the timing of its disclosure may derive from studies or research, during which public disclosure of primarily invalidated findings could create an erroneous conclusion which might threaten public health or safety if acted upon.

(c) The Contracting Officer and the Contractor may, by mutual consent, identify elsewhere in this contract specific information and/or categories of information which the Government will furnish to the Contractor or that the Contractor is expected to generate which is confidential. Similarly, the contracting Officer and the Contractor may, by mutual consent, identify such confidential information from time to time during the performance of the contract. Failure to agree will be settled pursuant to the "Disputes" clause.

(d) If it is established that information to be utilized under this contract is subject to the Privacy Act, the Contractor will follow the rules and procedures of disclosure set forth in the Privacy Act of 1974, 5 U.S.C. 552a, and implementing regulations and policies, with respect to systems of records determined to be subject to the Privacy Act.

(e) Confidential information, as defined in (a)(1) and (2) above, shall not be disclosed without the prior written consent of the individual, institution or organization.

(f) Written advance notice of at least 45 days will be provided to the Contracting Officer of the

Contractor's intent to release findings of studies or research, which have the possibility of adverse effects on the public or the Federal agency, as described in (b) above. If the Contracting Officer does not pose any objections in writing within the 45 day period, the contractor may proceed with disclosure. Disagreements not resolved by the Contractor and Contracting Officer will be settled pursuant to the "Disputes" clause.

(g) Whenever the Contractor is uncertain with regard to the proper handling of material under the contract, or if the material in question is subject to the Privacy Act or is confidential information subject to the provisions of this clause, the Contractor shall obtain a written determination from the Contracting Officer prior to any release, disclosure, dissemination, or publication.

(h) The provisions of paragraph (e) of this clause shall not apply when the information is subject to conflicting or overlapping provisions in other Federal, State or local laws.

H.3 452.228-71 Insurance Coverage. (NOV 1996) -- Alternate I (NOV 1996)

Pursuant to FAR clause 52.228-5, Insurance-Work on a Government Installation, the Contractor will be required to present evidence to show, as a minimum, the amounts of insurance coverage indicated below:

(a) Workers Compensation and Employer's Liability. The Contractor is required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit worker's compensation to be written by private carriers.

(b) General Liability. (1) The Contractor shall have bodily injury liability coverage written on a comprehensive form of policy of at least $500,000 per occurrence.

(2) The Contractor shall have property damage liability insurance required in the amount of $1,000,000.00 per occurrence.

(c) Automobile Liability. The Contractor shall have automobile liability insurance written on a comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract.

Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage or loss.

(d) Aircraft Public and Passenger Liability. When aircraft are used in connection with performing the contract, the Contractor shall have aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger injury. Coverage for passenger injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

H.4 452.236-71 Prohibition Against the Use of Lead-Based Paint (NOV 1996)

Neither the Contractor nor any subcontractors performing under this contract shall use paints containing more than 0.06 of 1 percent lead by weight (calculated as lead metal) in the total nonvolatile content of the paint, or the equivalent measure of lead in the dried film of paint already applied, or both.

H.5 452.236-72 Use of Premises. (NOV 1996)

(a) Before any camp, quarry, borrow pit, storage, detour, or bypass site, other than shown on the drawings, is opened or operated on USDA land or lands administered by the USDA, the Contractor shall obtain written permission from the Contracting Officer. A camp is interpreted to include a campsite or trailer parking area of any employee working on the project for the Contractor.

(b) Unless excepted elsewhere in the contract, the Contractor shall (i) provide and maintain sanitation facilities for the work force at the site and (ii) dispose of solid waste in accordance with applicable Federal, State and local regulations.

H.6 452.236-74 Control of Erosion, Sedimentation, and Pollution. (NOV 1996)

(a) Operations shall be scheduled and conducted to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, and impoundments (lakes, reservoirs, etc.).

(b) Pollutants such as fuels, lubricants, bitumens, raw sewage, and other harmful materials shall not be discharged on the ground; into or nearby rivers, streams, or impoundments; or into natural or man-made channels. Wash water or waste from concrete or aggregate operations shall not be allowed to enter live streams prior to treatment by filtration, settling, or other means sufficient to reduce the sediment content to not more than that of the stream into which it is discharged.

(c) Mechanized equipment shall not be operated in flowing streams without written approval by the Contracting Officer.

H. 7 452.236-76 Samples and Certificates. (FEB 1988)

When required by the specifications or the Contracting Officer, samples, certificates, and test data shall be submitted after award of the contract, prepaid, in time for proper action by the Contracting Officer or his/her designated representative. Certificates and test data shall be submitted in triplicate to show compliance with materials and construction specified in the contract performance requirements.

Samples shall be submitted in duplicate by the Contractor, except as otherwise specified, to show compliance with the contract requirements. Materials or equipment for which samples, certifications or test data are required shall not be used in the work until approved in writing by the Contracting Officer.

H.8 452.237-75 Restrictions Against Disclosure. (FEB 1988)

(a) The Contractor agrees, in the performance of this contract, to keep all information contained in source documents or other media furnished by the Government in the strictest confidence. The Contractor also agrees not to publish or otherwise divulge such information in whole or in part in any manner or form, or to authorize or permit others to do so, taking such reasonable measures as are necessary to restrict access to such information while in the Contractor's possession, to those employees needing such information to perform the work provided herein, i.e., on a "need to know" basis. The Contractor agrees to immediately notify in writing, the Contracting Officer, named herein, in the event that the Contractor determines or has reason to suspect a breach of this requirement.

(b) The Contractor agrees not to disclose any information concerning the work under this contract to any persons or individual unless prior written approval is obtained from the Contracting Officer.

The Contractor agrees to insert the substance of this clause in any consultant agreement or subcontract hereunder.

PAYMENT BONDS

Offerors are requested to obtain payment bonding that can remain in effect over the whole period of the contract for a nominal amount of $50,000. Individual task orders may need additional bonding which will be requested at the time the task is issued. Bonding will need to be renewed with each option period exercised and must be in place before the option period will be exercised.

Section I

PART II – CONTRACT CLAUSES

Section I - Contract Clauses

I.1 52.252-1 Solicitation Provisions Incorporated by Reference. (FEB 1998)

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): http://www.arnet.gov/far

(End of provision)

52.252-2 Clauses Incorporated by Reference. (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://www.arnet/gov/far

NUMBER TITLE/DATE

52.202-1 Definitions. (JUL 2004)

52.203-3 Gratuities. (APR 1984)

52.203-5 Covenant Against Contingent Fees. (APR 1984)

52.203-6 Restrictions on Subcontractor Sales to the Government (Sep 2006)

52.203-7 Anti-Kickback Procedures. (JUL 1995)

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity.

(JAN 1997)

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. (JAN 1997)

52.203-12 Limitation on Payments to Influence Certain Federal Transactions. (SEP 2007)

52.204-2 Security Requirements (AUG 1996). Alternate II (APR 1984)

52.204-4 Printed or Copied Double-Sided on Recycled Paper. (AUG 2000)

52.204-7 Central Contractor Registration. (APR 2008)

52.204-9 Personal Identity Verification of Contractor Personnel. (SEP 2007)

52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (SEP 2006)

52.215-2 Audit and Records - Negotiation. (JUN 1999)

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

52.217-2 Cancellation Under Multiyear Contracts (OCT 1997)

52.219-8 Utilization of Small Business Concerns (JAN 2011)

52.219-14 Limitations on Subcontracting. (DEC 1996)

52.222-3 Convict Labor. (JUN 2003)

52.222-4 Contract Work Hours and Safety Standards Act - Overtime Compensation.

(JUL 2005)

52.222-6 Davis-Bacon Act. (JUL 2005)

52.222-7 Withholding of Funds. (FEB 1988)

52.222-8 Payrolls and Basic Records. (FEB 1988)

52.222-9 Apprentices and Trainees. (JUL 2005)

52.222-10 Compliance with Copeland Act Requirements. (FEB 1988)

52.222-11 Subcontracts (Labor Standards). (JUL 2005)

52.222-12 Contract Termination - Debarment. (FEB 1988)

52.222-13 Compliance with Davis-Bacon and Related Act Regulations. (FEB 1988)

52.222-14 Disputes Concerning Labor Standards. (FEB 1988)

52.222-15 Certification of Eligibility. (FEB 1988)

52.222-21 Prohibition of Segregated Facilities. (FEB 1999)

52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment

Opportunity for Construction. (FEB 1999)

Trades Goals: Minority Participation Female Participation All trades 72.8% 6.9%

As used in this Notice, and in any contract resulting from this solicitation, the covered area is

State of Texas; Hidalgo County, City of Edinburg.

52.222-26 Equal Opportunity. (MAR 2007)

52.222-27 Affirmative Action Compliance Requirements for Construction. (FEB 1999)

52.222-35 Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and

Other Eligible Veterans. (SEP 2006)

52.222-36 Affirmative Action for Workers with Disabilities. (JUN 1998)

52.222-37 Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans. (SEP 2006)

52.222-50 Combating Trafficking in Persons (FEB 2009)

52.222-54 Employment Eligibility Verification (JAN 2009)

52.223-2 Affirmative Procurement of Bio-Based Products Under Service and construction

Contracts (DEC 2007)

52.223-5 Pollution Prevention and Right-to-Know Information. (AUG 2003) -- Alternate I

(Aug 2003)

52.223-6 Drug-Free Workplace. (MAY 2001)

52.223-14 Toxic Chemical Release Reporting. (AUG 2003)

52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts (MAY 2008)

52.225-13 Restrictions on Certain Foreign Purchases. (JUN 2008)

52.227-1 Authorization and Consent. (DEC 2007)

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

52.227-4 Patent Indemnity - Construction Contracts. (DEC 2007)

52.228-2 Additional Bond Security. (OCT 1997)

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

52.228-11 Pledges of Assets. (FEB 1992)

52.228-12 Prospective Subcontractor Requests for Bonds. (OCT 1995)

52.228-14 Irrevocable Letter of Credit. (DEC 1999)

52.228-15 Performance and Payment Bonds – Construction (NOV 2006)

52.229-3 Federal, State, and Local Taxes (APR 2003)

52.229-4 Federal, State, and Local Taxes (State and Local Adjustments). (APR 2003)

52.232-5 Payments under Fixed-Price Construction Contracts. (SEP 2002)

52.232-16 Progress Payments. (APR 2003)

52.232-17 Interest. (JUN 1996)

52.232-23 Assignment of Claims. (JAN 1986)

52.232-27 Prompt Payment For Construction Contracts. (SEP 2005)

52.232-33 Payment by Electronic Funds Transfer - Central Contractor Registration.

(OCT 2003)

52.233-1 Disputes. (JUL 2002)

52.233-3 Protest after Award. (AUG 1996)

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

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

52.236-2 Differing Site Conditions. (APR 1984)

52.236-3 Site Investigation and Conditions Affecting the Work. (APR 1984)

52.236-5 Material and Workmanship. (APR 1984)

52.236-6 Superintendence by the Contractor. (APR 1984)

52.236-7 Permits and Responsibilities. (NOV 1991)

52.236-8 Other Contracts. (APR 1984)

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and

Improvements. (APR 1984)

52.236-10 Operations and Storage Areas. (APR 1984)

52.236-11 Use and Possession Prior to Completion. (APR 1984)

52.236-12 Cleaning Up. (APR 1984)

52.236-13 Accident Prevention. (NOV 1991)

52.236-15 Schedules for Construction Contracts. (APR 1984)

52.236-17 Layout of Work. (APR 1984)

52.236-21 Specifications and Drawings for Construction. (FEB 1997)

52.236-26 Preconstruction Conference. (FEB 1995)

52.242-13 Bankruptcy. (JUL 1995)

52.243-4 Changes. (JUN 2007)

52.244-5 Competition in Subcontracting. (DEC 1996)

52.244-6 Subcontracts for Commercial Items (Mar 2007)

52.245-1 Property Records (JUN 2007)

52.245-2 Government Property (Fixed Price Contracts) (JUN 2007)

52.245-9 Use and Charges. (JUN 2007)

52.246-21 Warranty of Construction. (MAR 1994)

52.249-2 Termination for Convenience of the Government (Fixed-Price). (MAY 2004) -

Alternate I (SEP 1996)

52.249-10 Default (Fixed-Price Construction). (APR 1984)

52.249-14 Excusable Delays (APR 1984)

52.253-1 Computer Generated Forms. (JAN 1991)

I.2 52.204-7 Central Contractor Registration

52.204-7 Central Contractor Registration.

As prescribed in 4.1105, use the following clause:

CENTRAL CONTRACTOR REGISTRATION (APR 2008)

(a) Definitions. As used in this clause— “Central Contractor Registration (CCR) database” means the primary Government repository for

Contractor information required for the conduct of business with the Government.

“Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and

Bradstreet, Inc. (D&B) to identify unique business entities.

“Data Universal Numbering System +4 (DUNS+4) number” means the DUNS number assigned by

D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.

“Registered in the CCR database” means that—

(1) The Contractor has entered all mandatory information, including the DUNS number or the

DUNS+4 number, into the CCR database; and

(2) The Government has validated all mandatory data fields, to include validation of the Taxpayer

Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record “Active”.

The Contractor will be required to provide consent for TIN validation to the Government as a part of the CCR registration process.

(b)(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS +4” followed by the DUNS or DUNS +4 number that identifies the offeror’s name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the CCR database.

(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number—

(i) Via the Internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or https://www.acquisition.gov/far/current/html/Subpart%204_11.html#wp1073610� https://www.acquisition.gov/far/current/html/Subpart%2032_11.html#wp1043964� http://fedgov.dnb.com/webform�

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company Physical Street Address, City, State, and ZIP Code.

(iv) Company Mailing Address, City, State and ZIP Code (if separate from physical).

(v) Company Telephone Number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(d) If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering.

Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) The Contractor is responsible for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data.

To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(g) (1)

(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to (A) change the name in the CCR database; (B) comply with the requirements of Subpart 42.12 of the FAR; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (g)(1)(i) of this clause, or fails to perform the agreement at paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database.

Information provided to the Contractor’s CCR record that indicates payments, including those made by https://www.acquisition.gov/far/current/html/Subpart%2042_12.html#wp1084217� https://www.acquisition.gov/far/current/html/Subpart%2042_12.html#wp1084217� https://www.acquisition.gov/far/current/html/Subpart%2032_8.html#wp1029202�

EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(h) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the internet at http://www.ccr.gov or by calling 1-888-227-2423, or 269-961-5757.

52.217-8 Option to Extend Services. (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days

52.217-9 Option to Extend the Term of the Contract. (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within _____ [insert the period of time within which the Contracting Officer may exercise the option]; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least _____ days [60 days unless a different number of days is inserted

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

] before the contract expires. The preliminary notice does not commit the Government to an extension.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed ___________ (months) (years).

52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns.

(Jan 2011)

(a) Definition

(b) Evaluation preference.

. “HUBZone small business concern,” as used in this clause, means a small business concern that appears on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration.

(1) Offers will be evaluated by adding a factor of 10 percent to the price of all offers, except—

(i) Offers from HUBZone small business concerns that have not waived the evaluation preference; and

(ii) Otherwise successful offers from small business concerns.

(2) The factor of 10 percent shall be applied on a line item basis or to any group of items on which award may be made. Other evaluation factors described in the solicitation shall be applied before application of the factor.

(3) A concern that is both a HUBZone small business concern and a small disadvantaged business concern will receive the benefit of both the HUBZone small business price evaluation preference and the small disadvantaged business price evaluation adjustment (see FAR clause 52.219-23). Each applicable price evaluation preference or adjustment shall be calculated http://www.ccr.gov/� https://www.acquisition.gov/far/current/html/52_217_221.html#wp1136333� independently against an offeror’s base offer. These individual preference amounts shall be added together to arrive at the total evaluated price for that offer.

(4) When the two highest rated offerors are a HUBZone small business concern and a large business, and the evaluated offer of the HUBZone small business concern is equal to the evaluated offer of the large business after considering the price evaluation preference, award will be made to the HUBZone small business concern.

(c) Waiver of evaluation preference o Offeror elects to waive the evaluation preference.

. A HUBZone small business concern may elect to waive the evaluation preference, in which case the factor will be added to its offer for evaluation purposes. The agreements in paragraphs (d) and (e) of this clause do not apply if the offeror has waived the evaluation preference.

(d) Agreement

(1) Services (except construction), at least 50 percent of the cost of personnel for contract performance will be spent for employees of the concern or employees of other HUBZone small business concerns;

. A HUBZone small business concern agrees that in the performance of the contract, in the case of a contract for—

(2) Supplies (other than procurement from a nonmanufacturer of such supplies), at least 50 percent of the cost of manufacturing, excluding the cost of materials, will be performed by the concern or other HUBZone small business concerns;

(3) General construction.

(i) At least 15 percent of the cost of contract performance to be incurred for personnel will be spent on the prime contractor’s employees;

(ii) At least 50 percent of the cost of the contract performance to be incurred for personnel will be spent on the prime contractor’s employees or on a combination of the prime contractor’s employees and employees of HUBZone small business concern subcontractors;

(iii) No more than 50 percent of the cost of contract performance to be incurred for personnel will be subcontracted to concerns that are not HUBZone small business concerns; or

(4) Construction by special trade contractors.

(i) At least 25 percent of the cost of contract performance to be incurred for personnel will be spent on the prime contractor’s employees;

(ii) At least 50 percent of the cost of the contract performance to be incurred for personnel will be spent on the prime contractor’s employees or on a combination of the prime contractor’s employees and employees of HUBZone small business concern subcontractors;

(iii) No more than 50 percent of the cost of contract performance to be incurred for personnel will be subcontracted to concerns that are not HUBZone small business concerns.

(e) A HUBZone joint venture agrees that the aggregate of the HUBZone small business concerns to the joint venture, not each concern separately, will perform the applicable percentage of work requirements.

(f)(1) When the total value of the contract exceeds $25,000, a HUBZone small business concern nonmanufacturer agrees to furnish in performing this contract only end items manufactured or produced by HUBZone small business concern manufacturers.

(2) When the total value of the contract is equal to or less than $25,000, a HUBZone small business concern nonmanufacturer may provide end items manufactured by other than a HUBZone small business concern manufacturer provided the end items are produced or manufactured in the United States.

(3) Paragraphs (f)(1) and (f)(2) of this section do not apply in connection with construction or service contracts.

(g) Notice

. The HUBZone small business offeror acknowledges that a prospective HUBZone awardee must be a HUBZone small business concern at the time of award of this contract. The HUBZone offeror shall provide the Contracting Officer a copy of the notice required by 13 CFR

126.501 if material changes occur before contract award that could affect its HUBZone eligibility.

If the apparently successful HUBZone offeror is not a HUBZone small business concern at the time of award of this contract, the Contracting Officer will proceed to award to the next otherwise successful HUBZone small business concern or other offeror.

52.219-23 Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns.

(Oct 2008)

(a) Definitions.

“Historically black college or university” means an institution determined by the Secretary of Education to meet the requirements of 34 CFR 608.2. For the Department of Defense (DoD), the National Aeronautics and Space Administration (NASA), and the Coast Guard, the term also includes any nonprofit research…