Soliciation_AG-32KW-S-16-0067_GreenHouse_Srvices.pdf
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Solicitation No.: AG-32KW-S-16-0067
Continuation Sheet Section B
Section B – Supply or Services and Prices/Costs
B.1 Requirement:
The contractor shall submit a firm-fixed price quote for all costs associated with providing the general construction services requested under this Multiple Award, Indefinite Delivery/Indefinite Quantity (IDIQ) Contract for Construction, Repair, Alterations, and renovations Services.
This Solicitation is set-aside for Small Businesses, in accordance with FAR Part 19. This Solicitation sets forth requirements for proposals for a multiple award Indefinite Delivery Indefinite Quantity (IDIQ) Contract to provide for various construction, repairs, alterations and renovations to federally owned and leased facilities for the United States Department of Agriculture (USDA) Animal Plant Health Inspection Service (APHIS), Plant Protection and Quarantine (PPQ), Center for Plant Health Science and Technology (CPHST), Moore Air Base, Edinburg, TX. Proposals conforming to the Solicitation requirements will be evaluated in accordance with the Method of Award set forth herein. The Government will award the Contract to the selected Offeror(s), subject to the conditions set forth herein.
Contractor's rate shall be their fully burdened rate and include all costs necessary to perform the services requested in this contract.
Section C
Section C- Description/Specifications
1.0 CONTRACT PROJECT
1.1 Title: Multiple Award, Indefinite Delivery/Indefinite Quantity (IDIQ) Contract for construction, Repair & Alteration Services to Greenhouses, Screenhouses, Glasshouses and Shadehouses
1.2 Location: Moore Air Base, Mission Laboratory, 22675 N. Moorefield Road, Bldg. 6414 Edinburg, TX 78541-5031
1.3 Project Background: USDA, APHIS, PPQ, CPHST, Mission Laboratory in Edinburg, TX is in need of an IDIQ type contract (base and four option years) with a contractor that the Mission Laboratory can issue task orders against.
1.4 CONTRACT LENGTH: Base year with 4 option years
1.5 PROJECT DESCRIPTION: The Government is in need of awarding two contracts under IDIQ that the Mission Laboratory will be able to compete and issue task orders against. The submitted proposals will be reviewed for experience in the area of expertise, cost, and proposed start and completion dates. The funding for this contract will be provided by monies from PPQ CPHST. All task orders issued will have the budget code or combination of budget codes associated the project(s). Each task order will range between
$2,000 to $15,000. Issued task orders will be work that a General Contractor can perform depending on the area of expertise in-house.
Projects may require minimal design services / shop drawings. Projects requiring minimal design services / shop drawings may also require an AE to sign and seal the drawings.
Tasks include general labor, material, equipment and services to USDA greenhouses and similar structures that will include furnishing, installing, constructing, modifying and/ or upgrading greenhouse frame, sidewalls, posts, piers, bays, trusses, purlins, girts, bracings, gutters, partitions, gables, grouting, roofs, fasteners, gutters, glazing, vent components, vent operators, automatic or manual machines, mechanical, doors, flashing, and related hardware.
The Contractor (preferably within a 50 mile radius of Moore Air Base) shall provide the necessary labor, material, equipment and services for the items listed in attached construction line items.
1.6 Project Data: The following information and criteria is available for use and compliance:
• Existing Record Drawings
• Attached listing of Construction Items
• USDA Facilities Design Standards http://www.afm.ars.usda.gov/ppweb/PDF/242-01M.pdf
• APHIS Environmental Protection Program:
http://inside.aphis.usda.gov/mrpbs/publications/ep_manual/downloads/environment al_protection_program.pdf
• APHIS Administrative Notice 11-3 LABORATORY VENTILATION
MANAGEMENT
http://www.aphis.usda.gov/library/admin_notices/pdf/APHIS_11_3.pdf
• Executive Order: Planning for Federal sustainability in the Next Decade
• Leadership in Energy & Environmental Design (LEED), USDA Departmental Regulation DR 5500-001 found at http://www.ocio.usda.gov/directives/doc/DR5500-001.pdf
• Preferred Biobased Products found at http://www.biopreferred.gov/ProposedAndFinalItemDesignations.aspx
• Recommended Recycled-Content Construction Material found at http://www.epa.gov/epawaste/conserve/tools/cpg/products/index.htm#construct
• Designated Green Products for Federal Procurement (see separate Excel
Spreadsheet: All_Green_Products_07-09.xls).
• USDA Green Purchasing Affirmative Procurement Program:
http://greening.usda.gov/gpapp08.pdf http://www.afm.ars.usda.gov/ppweb/PDF/242-01M.pdf http://inside.aphis.usda.gov/mrpbs/publications/ep_manual/downloads/environmental_protection_program.pdf http://inside.aphis.usda.gov/mrpbs/publications/ep_manual/downloads/environmental_protection_program.pdf http://www.aphis.usda.gov/library/admin_notices/pdf/APHIS_11_3.pdf http://www.ocio.usda.gov/directives/doc/DR5500-001.pdf http://www.biopreferred.gov/ProposedAndFinalItemDesignations.aspx http://www.epa.gov/epawaste/conserve/tools/cpg/products/index.htm%23construct http://greening.usda.gov/gpapp08.pdf
• USDA Sustainable Buildings Implementation Plan
1.7 Attachments to this Statement of Work: The following attachments are provided for use and compliance:
• Construction Listing
• All_Green_Products_07-09.xls
• USDA Sustainable Buildings Implementation Plan
2.0 Scope of Services: The Contractor shall provide the necessary labor, material, equipment and services for the items listed below and not limited to Tasks include general labor, material, equipment and services to USDA greenhouses and similar structures (Screenhouses, Shadehouses, Glasshouses) that will include furnishing, installing, constructing, modifying and/ or upgrading framing, sidewalls, posts, piers, bays, trusses, purlins, girts, bracings, gutters, partitions, gables, grouting, roofs, fasteners, gutters, glazing, vent components, vent operators, automatic or manual machines, mechanical, doors, flashing, and related hardware.
All work shall meet the intent of the International Building Code and all applicable state and local codes and shall be completed in a professional workmanship manner and meet current industry standards. The awarded contract may also cover any other type of repairs that are not covered/listed in the items identified above.
3.0 PROJECT CONTACT PERSONS
3.1 Contracting Officer (CO)
Martha Garza USDA, APHIS, ASD, Contracting 22675 North Moore Field Building 6407 Edinburg, TX 78541 Tel. No.: (956) 205-7604 Fax No.: (956) 205-7631 Email: Martha.Garza@aphis.usda.gov
3.2 Engineering Project Manager (EPM)
Toni T Mitchell
USDA, APHIS, ASD, ESB
Unit 115 (3A-03-39) 4700 River Road Riverdale, MD 20737 Tel. No.: (301) 851-2630 Fax No.: (301) 734-4846
E-mail: Toni.T.Mitchell@aphis.usda.gov
3.3 Program Project Manager (PPM):
Daniel Flores USDA APHIS PPQ S&T CPHST Mission Laboratory
22675 N. Moorefield Road, Bldg. 6414 mailto:Martha.Garza@aphis.usda.gov
TEL (956) 205-7662
FAX (956) 205-7681
3.4 Facility Director (FD):
Kirk Richardson
USDA, APHIS, PPQ
Moore Air Base 22675 North Moore Field Building 6407 Edinburg, TX 78541 Tel. No.: (956) 205-7602 Fax No.: (956) 580-7325 E-mail: Kirk.F.Richardson@aphis.usda.gov
3.5 National Facility Manager (NFM):
Wendell L. Leonard
USDA, APHIS, PPQ
4700 River Road, Unit 30 (Rm. 5C-03f) Riverdale, MD 20737 Tel. No.: (301) 851-2648 Cell No.: (301) 221-1074 Email: Wendell.L.Leonard@aphis.usda.gov
3.6 APHIS Safety Officer:
Gerald Campbell Field Operations USDA-APHIS-PPQ Eastern Region
920 Main Campus Drive, Suite 200920 Raleigh, NC 27606 Tel.No.: 919-855-7308 Email: Gerald.L.Campbell@aphis.usda.gov
Daniel Buentello
USDA, APHIS, PPQ
Moore Air Base 22675 North Moore Field Building 6407 Edinburg, TX 78541
Tel. No: 956-205-7601 Fax No.: 956-580-7631 E-mail: Daniel.Buentello@aphis.usda.gov
3.7 APHIS Biosafety Manager:
Eilyn Fabregas Biosafety Program Manager
USDA, APHIS, EMSSD, SHEPB
4700 River Road, Unit 124, Room 2A-02.36 Riverdale, MD 20737
PH: 301-436-3117
Fax: 301-734-7828 mailto:Kirk.F.Richardson@aphis.usda.gov mailto:Wendell.L.Leonard@aphis.usda.gov mailto:Gerald.L.Campbell@aphis.usda.gov mailto:Daniel.Buentello@aphis.usda.gov
E-mail: Eilyn.N.Fabregas@aphis.usda.gov
3.8 APHIS Industrial Hygienist:
Gerald Houvener Industrial Hygienist
USDA, APHIS, EMSSD, SHEPB
Room 2A-02.49
4700 River Road, Unit 124 Riverdale, MD 20737-1238 Tel. No.: 301-436-3150 Fax No.: 301-734-7828
E-mail: Gerald.Houvener@aphis.usda.gov
3.9 APHIS Environmental Protection Specialist:
Daniel Weissman Environmental Protection Program Manager
USDA, APHIS, EMSSD, SHEPB
Room 2A-02.48 4700 River Road, Unit 124 Riverdale, MD 20737-1238 Phone: 301-436-4114 Fax: 301-734-7828 E-mail: Daniel.Weissman@aphis.usda.gov
3.10 APHIS OSHA Specialist:
James McKee
USDA, APHIS, EMSSD, SHEPB
Room 2A-02.48 4700 River Road, Unit 124 Riverdale, MD 20737-1238 Phone: 301-436-3115 Fax: 301-734-7828 E-mail: James.E,Mckee@aphis.usda.gov
4.0 SCOPE OF SERVICES
Services to be provided will require response by a professional contractor firm having a qualified person on site to perform the necessary work. The minimum response time shall be within 24 hours.
All equipment, materials, installation and workmanship shall comply with the mandatory and advisory provisions of the IBC and Local, State and Federal Codes.
Copies of the “Certificate of Inspection(s)” and warranty certificates shall be provided to the PPM prior to submitting invoices for payment. If the repair effort requires installation of equipment and/or components that involve a manufacturer’s warranty or operation and maintenance manuals, these documents shall also accompany the invoice.
C.2 AGAR 452.211-73 Attachments to Statements of Work/Specifications. (FEB 1988) mailto:Eilyn.N.Fabregas@aphis.usda.gov mailto:Gerald.Houvener@aphis.usda.gov mailto:Daniel.Weissman@aphis.usda.gov mailto:Thomas.E.Franklin@aphis.usda.gov
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)
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:
Moore Air Base, Mission Laboratory, 22675 N. Moorefield Road, Bldg. 6414
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
I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES
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.
Section G
Section G - Contract Administration Data
G.1 Task Order Issuance and Ordering Information
Ordering Information – The Contracting Officer will submit a written request for services to the selected firms. The request will include, if applicable, a statement of work, project budget, program of requirements, and submittal schedule. Within 10 calendar days after receipt of the contracting officer’s request for proposal, the contractor shall submit a fee proposal based on Section B of the Contract.
Individuals Authorized to Place Orders – The following contracting officers have the Authority to enter into, administer, and terminate task orders under this contract:
USDA APHIS MRPBS ASD – Minneapolis, MN USDA APHIS MRPBS ASD – Riverdale, MD USDA APHIS MRPBS ASD – Edinburg, TX – Martha Garza USDA APHIS MRPBS ASD – Ft. Collins, CO – Bonnie Simpson
G.2 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
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.7 452.236-75 Maximum Workweek--Construction Schedule (NOV 1996)
Within 10 calendar days after work commences, the Contractor must submit the following in writing for approval:
(a) A schedule as required by FAR clause 52.236-15, Schedules for Construction Contracts, and
(b) The hours (including the daily starting and stopping times) and days of the week the Contractor proposes to carry out the work.
H.8 452.236-76 Samples and Certificates (FEB 1988)
(a) 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.
(b) 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.9 452.237-74 Key Personnel (FEB 1988)
(a) The Contractor shall assign to this contract the following key personnel: - as outlined per task order.
(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.
(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.
Section I
PART II – CONTRACT CLAUSES
Section I - Contract Clauses
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.
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 2010)
52.204-2 Security Requirements Alternate II (APR 1996)
52.204-4 Printed or Copied Double-Sided on Recycled Paper (MAY 2011)
52.204-7 System for Award Management (Jul 2013)
52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2011)
52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (FEB 2012)
52.209-6 Protecting the Government's Interest When Subcontracting with
Contractors Debarred, Suspended, or Proposed for Debarment (DEC 2010)
52.211-13 Time Extension (SEP 2000)
52.215-2 Audit and Records—Negotiation (OCT 2010)
52.215-10 Price Reduction for Defective Cost or Pricing Data (AUG 2011)
52.215-11 Price Reduction for Defective Cost or Pricing Data—Modifications
(AUG 2011)
52.215-12 Subcontractor Cost or Pricing Data (OCT 2010)
52.215-13 Subcontractor Cost or Pricing Data—Modifications (OCT 2010)
52.215-15 Pension Adjustments and Asset Reversions (OCT 2010)
52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits Other
Than Pensions (JULY 2005)
52.217-2 Cancellation Under Multiyear Contracts (OCT 1997)
52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV 2011)
52.219-8 Utilization of Small Business Concerns (MAY 2011)
52.219-14 Limitations on Subcontracting (DEC 2011)
52.219-17 Section 8(a) Award (DEC 1996)
52.219-28 Post-Award Small Business Program Representation (JUN 2007)
52.222-1 Notice to the Government of Labor Disputes (FEB 1997)
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 (JUNE 2010)
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 Requirements for Affirmative Action to Ensure Equal
Employment Opportunity for Construction. (FEB 1999)
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 2010)
52.222-36 Affirmative Action for Workers with Disabilities (OCT 2010)
52.222-37 Employment Reports on Special Disabled Veterans, Veterans of the
Vietnam Era, and Other Eligible Veterans (SEP 2010)
52.222-50 Combating Trafficking in Persons (FEB 2009)
52.222-54 Employment Eligibility Verification (JAN 2009)
52.223-1 Biobased Product Certification (MAY 2012)
52.223-2 Affirmative Procurement of Bio-Based Products Under Service and
Construction Contracts (JUL 2013)
52.223-4 Recovered Material Certification (MAY 2008)
52.223-5 Pollution Prevention and Right-to-Know Information (AUG 2011)
52.223-6 Drug-Free Workplace (MAY 2001)
52.223-9 Estimated of Percentage of Recovered Material Content for EPA-
Designated products (MAY 2008)
52.223-12 Refrigeration Equipment and Air Conditioners (May 1995)
52.223-14 Toxic Chemical Release Reporting (AUG 2003)
52.223-15 Energy Efficiency in energy-Consuming Products (DEC 2007)
52.223-17 Affirmative Procurement of EPA-Designated Items in Service and
Construction Contracts (MAY 2008)
52.223-18 Encouraging Contractor Policies to Ban Text Messaging While
Driving
AUG
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 2012)
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 2010)
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)
52.232-17 Interest (OCT 2010)
52.232-23 Assignment of Claims (JAN 1986)
52.232-27 Prompt Payment for Construction Contracts (OCT 2008)
52.232-33 Payment by Electronic Funds Transfer—Central Contractor Registration
(OCT 2003)
52.232-40 Providing Accelerated Payments to Small Business Subcontractors
(DEC 2013)
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)
52.236-2 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 1996)
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)
52.236-22 Design Within Funding Limitations (APR 1984)
52.236-23 Responsibility of the Architect-Engineer Contractor (APR 1984)
52.236-24 Work Oversight in Architect-Engineer Contracts (APR 1984)
52.236-25 Requirements for Registration of Designers (JAN 2003)
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 2009)
52.245-1 Government Property (Apr 2012)
52.245-9 Use and Charges (Apr 2012)
52.246-21 Warranty of Construction (MAR 1994)
52.248-3 Value Engineering—Construction (OC 2010)
52.249-2 Termination for Convenience of the Government (Fixed-Price) (MAY
2012) Alternate I (SEP 1996)
52.249-10 Default (Fixed-Price Construction) (APR 1984)
52.253-1 Computer Generated Forms (JAN 1991)
I.1 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 guarantee is $2,000.00, but not in excess of $15,000.00.
The resultant contract(s) will have a Maximum Ordering Limitation (MOL) of $500,000 per contract per year. This represents the ordering capacity, but in no way obligates the Government to issue orders to that magnitude.
I.2 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 $2,500,000.00. 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.
I. 3 52.216-18 – Ordering (Oct 1995)
(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from August 1, 2016 through July 31, 2021.
(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.
(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.
(End of Clause)
I.4 52.216-19 Order Limitations (Oct 1995)
(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $2,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.
(b) Maximum order. The Contractor is not obligated to honor --
(1) Any order for a single item in excess of $15,000.00;
(2) Any order for a combination of items in excess of $15,000.00; or
(3) A series of orders from the same ordering office within 7 days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.
(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.
I.5 52.216-22 -- Indefinite Quantity (Oct 1995)
(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.
(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”
(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.
(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after _August 2021________ [insert date].
(End of Clause)
I.6 52.216-27, Single or Multiple Awards (OCT 1995)
The Government may elect to award a single delivery order contract or task order contract or to award multiple delivery order contracts or task order contracts for the same or similar supplies or services to two or more sources under this solicitation.
(End of Provision)
I.7 52.217-5 Evaluation of Options (Jul 1990)
Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).
I. 8 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
I.9 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] before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed (months) (years).
I.10 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV 2011)
(a) Definition. “Small business concern,” as used in this clause, means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the size standards in this solicitation.
(b) Applicability. This clause applies only to—
(1) Contracts that have been totally set aside or reserved for small business concerns; and
(2) Orders set aside for small business concerns under multiple-award contracts as described in
8.405-5 and 16.505(b)(2)(i)(F).
(c) General.
(1) Offers are solicited only from small business concerns. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected.
(2) Any award resulting from this solicitation will be made to a small business concern.
(d) Agreement. A small business concern submitting an offer in its own name shall furnish, in performing the contract, only end items manufactured or produced by small business concerns in the United States or its outlying areas. If this procurement is processed under simplified acquisition procedures and the total amount of this contract does not exceed $25,000, a small business concern may furnish the product of any domestic firm. This paragraph does not apply to construction or service contracts.
(End of clause)
I.11 52.222-39 Notification of Employee Rights Concerning Payment of Union Dues or Fees (DEC 2004)
(a) Definition. As used in this clause--
United States means the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.
(b) Except as provided in paragraph (e) of this clause, during the term of this contract, the Contractor shall post a notice, in the form of a poster, informing employees of their rights concerning union membership and payment of union dues and fees, in conspicuous places in and about all its plants and offices, including all places where notices to employees are customarily posted. The notice shall include the following information (except that the information pertaining to National Labor Relations Board shall not be included in notices posted in the plants or offices of carriers subject to the Railway Labor Act, as amended (45 U.S.C. 151-188)).
Notice to Employees
Under Federal law, employees cannot be required to join a union or maintain membership in a union in order to retain their jobs.
Under certain conditions, the law permits a union and an employer to enter into a union-security agreement requiring employees to pay uniform periodic dues and initiation fees. However, employees who are not union members can object to the use of their payments for certain purposes and can only be required to pay their share of union costs relating to collective bargaining, contract administration, and grievance adjustment.
If you do not want to pay that portion of dues or fees used to support activities not related to collective bargaining, contract administration, or grievance adjustment, you are entitled to an appropriate reduction in your payment. If you believe that you have been required to pay dues or fees used in part to support activities not related to collective bargaining, contract administration, or grievance adjustment, you may be entitled to a refund and to an appropriate reduction in future payments.
For further information concerning your rights, you may wish to contact the National Labor Relations Board (NLRB) either at one of its Regional offices or at the following address or toll free number:
National Labor Relations Board Division of Information 1099 14th Street, N.W.
Washington, DC 20570 1-866-667-6572
1-866-316-6572 (TTY)
To locate the nearest NLRB office, see NLRB's website at http://www.nlrb.gov.
(c) The Contractor shall comply with all provisions of Executive Order 13201 of February 17, 2001, and related implementing regulations at 29 CFR part 470, and orders of the Secretary of Labor.
(d) In the event that the Contractor does not comply with any of the requirements set forth in paragraphs (b), (c), or (g), the Secretary may direct that this contract be cancelled, terminated, or suspended in whole or in part, and declare the Contractor ineligible for further Government contracts in accordance with procedures at 29 CFR part 470, Subpart B--Compliance Evaluations, Complaint Investigations and Enforcement Procedures. Such other sanctions or remedies may be imposed as are provided by 29 CFR part 470, which implements Executive Order 13201, or as are otherwise provided by law.
(e) The requirement to post the employee notice in paragraph (b) does not apply to--
(1) Contractors and subcontractors that employ fewer than 15 persons;
(2) Contractor establishments or construction work sites where no union has been formally recognized by the Contractor or certified as the exclusive bargaining representative of the Contractor's employees;
(3) Contractor establishments or construction work sites located in a jurisdiction named in the definition of the United States in which the law of that jurisdiction forbids enforcement of union-security agreements;
(4) Contractor facilities where upon the written request of the Contractor, the Department of Labor Deputy Assistant Secretary for Labor-Management Programs has waived the posting requirements with respect to any of the Contractor's facilities if the Deputy Assistant Secretary finds that the Contractor has demonstrated that--
(i) The facility is in all respects separate and distinct from activities of the Contractor related to the performance of a contract; and
(ii) Such a waiver will not interfere with or impede the effectuation of the Executive order; or
(5) Work outside the United States that does not involve the recruitment or employment of workers within the United States.
(f) The Department of Labor publishes the official employee notice in two variations; one for contractors covered by the Railway Labor Act and a second for all other contractors.
The Contractor shall--
(1) Obtain the required employee notice poster from the Division of Interpretations and Standards, Office of Labor-Management Standards, U.S. Department of Labor, 200 Constitution Avenue, NW, Room N-5605, Washington, DC 20210, or from any field office of the Department's Office of Labor-Management Standards or Office of Federal Contract Compliance Programs;
(2) Download a copy of the poster from the Office of Labor-Management Standards website at http://www.olms.dol.gov; or
(3) Reproduce and use exact duplicate copies of the Department of Labor's official poster.
(g) The Contractor shall include the substance of this clause in every subcontract or purchase order that exceeds the simplified acquisition threshold, entered into in connection with this contract, unless exempted by the Department of Labor Deputy Assistant Secretary for Labor-Management Programs on account of special circumstances in the national interest under authority of 29 CFR 470.3(c). For indefinite quantity subcontracts, the Contractor shall include the substance of this clause if the value of orders in any calendar year of the subcontract is expected to exceed the simplified acquisition threshold. Pursuant to 29 CFR part 470, Subpart B-- Compliance Evaluations, Complaint Investigations and Enforcement Procedures, the Secretary of Labor may direct the Contractor to take such action in the enforcement of these regulations, including the imposition of sanctions for noncompliance with respect to any such subcontract or purchase order. If the Contractor becomes involved in litigation with a subcontractor or vendor, or is threatened with such involvement, as a result of such direction, the Contractor may request the United States, through the Secretary of Labor, to enter into such litigation to protect the interests of the United States.
I.12 52.223-9 Estimate of Percentage of Recovered Material Content for EPA-Designated
Items (MAY 2008)
(a) Definitions. As used in this clause—
“Postconsumer material” means a material or finished product that has served its intended use and has been discarded for disposal or recovery, having completed its life as a consumer item.
Postconsumer material is a part of the broader category of “recovered material.”
“Recovered material” means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process.
(b) The Contractor, on completion of this contract, shall—
(1) Estimate the percentage of the total recovered material used in contract performance, including, if applicable, the percentage of postconsumer material content; and
(2) Submit this estimate to Project contact person, reference Section C, sub-paragraph 2.7 and an information copy to the Contracting Officer, Section C, sub-paragraph 2.1.
I.13 52.225-9 Buy American Act—Construction Materials (May 2014)
(a) Definitions. As used in this clause--
“Commercially available off-the-shelf (COTS) item”—
(1) Means any item of supply (including construction material) that is—
(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);
(ii) Sold in substantial quantities in the commercial marketplace; and
(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace;
and
(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.
“Component” means an article, material, or supply incorporated directly into a construction material.
“Construction material” means an article, material, or supply brought to the construction site by the 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 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…
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