Sol_AG-569R-S-16-0021_Corrected.docx

Solicitation #AG-569R-S-16-0021 Hiawatha National Forest St. Ignace Thermostat & HVAC Project

TABLE OF CONTENTS

B - SECTION B - Supplies or Services and Prices/Costs Schedule of Items 3

C - SECTION C - Description/Specifications/Statement of Work 4

D - SECTION D - Packaging and Marking 9

E - SECTION E - Inspection and Acceptance 9

F - SECTION F - Deliveries or Performance 9

G - SECTION G - Contract Administration Data 9

H - SECTION H - Special Contract Requirements 9

I - SECTION I - Contract Clauses 10

J - SECTION J - List of Documents, Exhibits, and Other Attachments 19

K - SECTION K - Representations, Certifications, and Other Statements of Offerors 20

L - SECTION L - Instructions, Conditions, and Notices to Offerors or Respondents 25

M - SECTION M - Evaluation Factors for Award 27

SECTION B - Supplies or Services and Prices/Costs Schedule of Items

Schedule of Items:

LINE ITEM 01

Total Line Item _________________

LINE ITEM 02 (Optional Item) Optional Bid Item Description

Total Line Item _________________

Lump Sum= (LS)

Please provide the following information with your bid pricing.

Business Name & Address Telephone

Email address

DUNS number:

Date of latest SAM annual representations and certifications

Contact Name (printed) Signature Date

Please complete and submit SF-1442 Form, Section B & K and the experience questionnaire to the address in block 8 of the SF 1442 form or by e-mail to acaliguri@fs.fed.us by 4:00 pm EST on May 13, 2016.

SECTION C - Description/Specifications/Statement of Work

This project is for the supply and installation of programmable thermostats and associated controls, testing of existing systems, and retro commissioning in St. Ignace, MI for a Forest Service office and associated shop/garage. The size and detail of these buildings will be described below. We are requesting installation of these programmable controls and retro commissioning in order to;

· Reduce energy usage electrical/propane in the buildings.

· Reduce operational and future maintenance costs.

· Provide greater user comfort through improved system controls.

· Eliminate/minimize operation of both heating and cooling at the same time.

· Control heating/cooling/ventilation within ASHRAE standards – within the existing heating/cooling systems’ capabilities.

The Contractor shall investigate the existing system prior to submitting a bid for the work to ensure the bid they prepare is thorough and complete. The Contractor shall verify adequacy of existing control wiring, zone/thermostat locations, and any existing zone controls (damper, valves, relays, etc.) that would need to be coordinated with thermostat replacement. The quote shall include any modifications of existing systems that would be required in order to install the programmable thermostats and controls and result in a fully functional system.

The Forest Service has prepared an occupant comfort survey which was sent to all office occupants. The results will be provided to the selected contractor so problem areas can be addressed with the HVAC controls replacement.

The work will begin when a Notice to Proceed (NTP) is issued and be completed within 15 calendar days from NTP or earlier unless otherwise approved.

Available mechanical system drawings are provided as an attachment to this solicitation.

Building #1/ Bid Item #1:

· BUILDING: Hiawatha National Forest, St. Ignace Ranger District Office.

· LOCATION: W1900 West US-2, St. Ignace, MI 49781

· BUILDING INFORMATION: 11,871 sf office, constructed in 1999.

· MECHANICAL SYSTEM: See attached drawings.

· APPROXIMATE THERMOSTAT COUNT: 1ST Floor – 8 ea. Wirsbro radiant heat (in-floor) and 4 ea. Honeywell heating/cooling forced air thermostats. 2ND Floor – 3 ea. Honeywell heating/cooling forced air thermostats.

Building #2/Bid Item #2:

(Optional Item)

· BUILDING: Hiawatha National Forest, St. Ignace Ranger District Warehouse.

· LOCATION: W1900 West US-2, St. Ignace, MI 49781

· BUILDING INFORMATION: 6,660 sf storage building, constructed in 1999.

· MECHANICAL SYSTEM: See attached drawings.

Bid Preparation:

· Evaluate the building drawings.

· Field verify existing conditions.

· Provide submittal documents/cut sheets of proposed thermostats and controls with bid.

· Bid pricing will show the office and garage as separate bid items. Each bid item shall be divided into two categories thermostat/control installation and system testing, adjusting, balancing, (TAB) and retro commissioning. The government may elect to accept both, either, or none of the bids.

Contractors may submit alternate scopes of work for the retro commissioning/TAB portion of this project, for consideration, based on their experience in this field.

DELIVERABLES/REQUIREMENTS – THERMOSTATS/CONTROLS:

· Provide quotation for construction of proposed improvements. Include detailed costing and description of work to be included in pricing. If new panels and wiring is to be installed; electrical loading calculations will be required in final price quotes.

· New thermostats will be touchscreen, 24-V ac, system staging, holiday programming, programmable, microprocessor-based, wall-mounted unit with heat anticipator, minimum four temperature presets selectable by day and time, and clock retention protection of program settings against power failure. Thermostats shall have lock screen capabilities in a minimum of two levels – level one would only allow temporary temperature overrides, level 2 would allow full access to system programming. Thermostats controlling both heating and cooling will be capable of providing a deadband of a minimum of 5˚F, when thermostats are provided separately for heating and cooling the occupied periods will have a minimum difference in temperature of 5˚F.

· Heating and cooling schedules:

· Monday-Friday

· 0:00-05:30, 55˚ heating - 85˚ cooling

· 05:30-17:30, 70˚ heating - 75˚ cooling

· 17:30-24:00, 55˚ heating - 85˚ cooling

· Saturday-Sunday

· 0:00-24:00, 55˚ heating - 85˚ cooling

· Contractor shall submit thermostat owners and installer’s manuals for each type of thermostat installed on the contract.

· Contractor shall submit proposal with enough description of intended work to ascertain the proposed scope of work. The government may request additional information from the contractor prior to awarding the contract.

· Contractor shall be responsible for obtaining any permits and inspections required for planned modifications.

· Any outages required to accomplish work shall be prescheduled with the contracting officer Contractor shall ensure that all heating and cooling units are operational at the end of a work period.

DELIVERABLES/REQUIREMENTS – THERMOSTATS/CONTROLS:

· Upon installation of the new HVAC controls; the contractor shall provide Testing, Adjusting, Balancing (TAB) and retro commissioning of the HVAC systems in accordance with the following description of work. If the contractor recommends altering this scope of work (SOW) based on their experience with the type of buildings systems, on the ground review, or plan review – they shall explicitly state their recommendation in their response to this Request for Quotation (RFQ).

· TAB Firm, Team Leader, and Field Technicians

· The firm shall be currently certified by Association of Air Balance Council (AABC), National Environmental Balancing Bureau (NEBB) or Testing Adjusting and Balancing Bureau TABB or other nationally recognized certification entity approved by the COR. The firm shall have a minimum of 3 years’ experience performing TAB under one of the certifying entities listed above. The Team Supervisor shall have a current certification by one of the certifying entities listed above. Field Technician’s shall have a minimum of 2 year experience in the field performing TAB work. Qualification documentation shall be provided within 14 days of Contract award for COR review and approval.

· TAB Requirements:

· Re-commission the mechanical system. Reevaluate design intent, reestablish balancing and set points, verify equipment operations and perform TAB to verify and rebalance the system. The work includes testing, adjusting, and balancing (TAB) of an existing heating, ventilating, and cooling (HVAC) air and water distribution systems including equipment and performance data, ducts, and piping which are located within the buildings. Perform TAB in accordance with the requirements of the TAB procedural standard recommended by the TAB trade association that approved the TAB Firm's qualifications. Comply with requirements of AABC MN-1, NEBB PROCEDURAL STANDARDS, or SMACNA 1780 (TABB) as supplemented and modified by this SOW section. Additional requirements include:

· TAB functions which will affect the HVAC operations or interfere with the public operations of the facility shall be performed between the hour of 5:00Pm and 9:00am local time.

· Review of all pertinent project data including but not limited to original construction drawings, current contract, control drawings, and equipment manuals. Identify the original design parameters to be tested, adjusted and balanced. Incorporate into the TAB process those HVAC changes to be implemented by the execution of this SOW.

· Provide TAB schematic drawings 14 days prior to performing the TAB for COR review and approval. The drawings shall include;

· A unique number or mark for each piece of equipment or terminal.

· Air quantities at air terminals.

· Air quantities and temperature in air handling unit schedules.

· Water quantities and heads in pump schedule

· Water flow measurement fittings and balancing fittings

· Coordinate TAB activities with the Project Commissioning Agent and provide the Commissioning Agent all requested information.

· Coordinate the TAB with the Control Contractor and assist the Control Contractor in calibrating system sensors.

· Provide a list of all test equipment including its manufacturer model number, calibration date and serial number.

· 14 days prior to performing the TAB submit the Pre-Field TAB Engineering Report for COR review and approval. The report shall contain the following;

· Step by Step TAB Procedures including; method of approach from start to finish; air system diagrams; procedural steps of each air distribution system and water distribution system.

· Copies of AABC or NEBB or SMACNA 1780 data report forms prefilled with applicable project data. Highlight data to be obtained in the field.

· Listing of any deficiencies requiring correction prior to the TAB.

· Certifying entities inspection and test procedures.

· Listing of all inspection and testing equipment.

· Submit all identified deficiencies directly to the COR and contractor within 3 days of observance.

· TAB the HVAC system until measured flow rates are within 10% of design flows.

· Prepare a final certified TAB report in accordance with the requirements of the applicable certify entity for COR review and approval.

SCHEDULE:

THE WORK:

The USFS will provide any available as-built information, drawing, and specifications prior to the inspection dates. A pre-work conference call can be arranged to answer any questions concerning this work. The Contractor shall supply all material, supplies, labor, and incidentals necessary to install new thermostats and controls, perform TAB, and other incidental work necessary to fully comply with this document and others included by reference. Existing thermostats and controls that will not be reused will be properly recycled or disposed of legally by the Contractor off Forest Service property.

PAYMENT:

· Contract pricing above $2,000 for construction, $2,500 for services, and $3,500 for supply will require the contractor to be registered at www.sam.gov and submit invoices and payrolls (construction) through www.ipp.gov . Contract pricing below the thresholds can be paid via Visa purchase card. Other forms of payment are not available.

· Full payment at 100% acceptance of final deliverable.

CONTRACT CLAUSES AND WAGE DETERMINATIONS:

· Contract clauses included by reference and full text are found in various Section of this solicitation document.

· Davis Bacon Act wage determinations are included in attachments. The wage determinations are effective if contract pricing exceeds the thresholds listed in payment section.

For access to the buildings please contact Todd Kenyon at 906-643-7900 ext. 141.

The Contractor must comply with the Agricultural Act of 2014; the Food, Conservation and Energy Act of 2008 (FECA); Section 9002 of the Farm Security and Rural Investment Act of 2002 (FSRIA); Executive Order (EO) 13693, Planning for Federal Sustainability in the Next Decade (06/2015); Presidential Memorandum, “Driving Innovation and Creating Jobs in Rural America through Biobased and Sustainable Product Procurement” (02/2012); and the Federal Acquisition Regulation to provide biobased products.

The Contractor shall utilize products and material made from biobased materials to the maximum extent possible without jeopardizing the intended end use or detracting from the overall quality delivered to the end user. All supplies and materials shall be of a type and quality that conform to applicable Federal specifications and standards. All supplies and materials to be used in the performance of work described herein are subject to the approval of the Contracting Officers Representative (COR).

SECTION D - Packaging and Marking

(There are no applicable clauses in this Section)

SECTION E - Inspection and Acceptance

52.246-1 Contractor Inspection Requirements. (APR 1984) 52.246-12 Inspection of Construction. (APR 1996)

SECTION F - Deliveries or Performance

See Section C for Deliverables/Requirements.

452.236-75 Maximum Workweek - Construction Schedule. (NOV 1996) Within 10 calendar days after receipt of a written request from the Contracting Officer, 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.

The maximum workweek that will be approved is 40 hours unless approved by the Contracting Officer in advance.

SECTION G - Contract Administration Data

SECTION H - Special Contract Requirements

(There are no applicable clauses in this Section)

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.acquisition.gov/far

(End of clause)

52.204-9 Personal Identity Verification of Contractor Personnel. (JAN 2011) 52.219-6 Notice of Total Small Business Set-Aside. (NOV 2011) 52.222-3 Convict Labor. (JUN 2003) 52.222-6 Construction Wage Rate Requirements. (MAY 2014) 52.222-7 Withholding of Funds. (MAY 2014) 52.222-8 Payrolls and Basic Records. (MAY 2014) 52.222-9 Apprentices and Trainees. (JUL 2005) 52.222-10 Compliance with Copeland Act Requirements. (FEB 1988) 52.222-11 Subcontracts (Labor Standards). (MAY 2014) 52.222-12 Contract Termination - Debarment. (MAY 2014) 52.222-13 Compliance With Construction Wage Rate Requirements and Related Regulations. (MAY 2014) 52.222-14 Disputes Concerning Labor Standards. (FEB 1988) 52.222-15 Certification of Eligibility. (MAY 2014) 52.222-20 Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000. (MAY 2014) 52.222-21 Prohibition of segregated facilities. (APR 2015) 52.222-26 Equal Opportunity. (APR 2015) 52.222-27 Affirmative Action Compliance Requirements for Construction. (APR 2015) 52.222-50 Combating Trafficking in Persons. (MAR 2015) 52.222-55 Minimum Wages Under Executive Order 13658. (DEC 2015) 52.223-5 Pollution Prevention and Right-to-Know Information. (MAY 2011) 52.223-6 Drug-Free Workplace. (MAY 2001) 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 2011) 52.225-13 Restrictions on Certain Foreign Purchases. (JUN 2008) 52.227-1 Authorization and Consent. (DEC 2007) 52.227-4 Patent Indemnity--Construction Contracts. (DEC 2007) 52.228-5 Insurance - Work on a Government Installation. (JAN 1997) 52.228-11 Pledges of Assets. (JAN 2012) 52.232-5 Payments Under Fixed-Price Construction Contracts. (MAY 2014) 52.232-23 Assignment of Claims. (MAY 2014) 52.232-27 Prompt payment for construction contracts. (MAY 2014) 52.232-33 Payment by Electronic Funds Transfer - System for Award Management. (JUL 2013) 52.233-1 Disputes. (MAY 2014) 52.233-3 Protest after Award. (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004) 52.236-2 Differing Site Conditions. (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) 52.236-14 Availability and Use of Utility Services. (APR 1984) 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) 52.243-5 Changes and Changed Conditions. (APR 1984) 52.245-1 Government Property. (APR 2012) 52.246-21 Warranty of Construction. (MAR 1994) 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form). (APR 1984) 52.249-10 Default (Fixed-Price Construction). (APR 1984) 52.253-1 Computer Generated Forms. (JAN 1991)

452.232-70 Reimbursement for Bond Premiums - Fixed-Price Construction Contracts. (NOV 1996) 452.236-70 Additive or Deductive Items. (FEB 1988) 452.236-71 Prohibition Against the Use of Lead-Based Paint. (NOV 1996) 452.236-72 Use of Premises. (NOV 1996) 452.236-76 Samples and Certificates. (FEB 1988) 452.236-77 Emergency Response. (NOV 1996)

52.204-7 System for Award Management. (JUL 2013)

(a) Definitions. As used in this provision- 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 System for Award Management records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.

Registered in the System for Award Management (SAM) database means that-

(1) The offeror has entered all mandatory information, including the DUNS number or the DUNS+4 number, the Contractor and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14) into the SAM database;

(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of Contact sections of the registration in the SAM database;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record "Active".

(b)(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM 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 SAM 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

(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 SAM 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) Offerors may obtain information on registration at https://www.acquisition.gov.

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment. (OCT 2015)

(a) Definition. Commercially available off-the-shelf (COTS) item, as used in this clause-

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

(i) A commercial item (as defined in paragraph (1) of the definition in 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.

(b) The Government suspends or debars Contractors to protect the Government's interests. Other than a subcontract for a commercially available off-the-shelf item, the Contractor shall not enter into any subcontract, in excess of $35,000 with a Contractor that is debarred, suspended, or proposed for debarment by any executive agency unless there is a compelling reason to do so.

(c) The Contractor shall require each proposed subcontractor whose subcontract will exceed $35,000, other than a subcontractor providing a commercially available off-the-shelf item, to disclose to the Contractor, in writing, whether as of the time of award of the subcontract, the subcontractor, or its principals, is or is not debarred, suspended, or proposed for debarment by the Federal Government.

(d) A corporate officer or a designee of the Contractor shall notify the Contracting Officer, in writing, before entering into a subcontract with a party (other than a subcontractor providing a commercially available off-the-shelf item) that is debarred, suspended, or proposed for debarment (see FAR 9.404 for information on the System for Award Management (SAM) Exclusions). The notice must include the following:

(1) The name of the subcontractor.

(2) The Contractor's knowledge of the reasons for the subcontractor being listed with an exclusion in SAM.

(3) The compelling reason(s) for doing business with the subcontractor notwithstanding its being listed with an exclusion in SAM.

(4) The systems and procedures the Contractor has established to ensure that it is fully protecting the Government's interests when dealing with such subcontractor in view of the specific basis for the party's debarment, suspension, or proposed debarment.

(e) Subcontracts. Unless this is a contract for the acquisition of commercial items, the Contractor shall include the requirements of this clause, including this paragraph (e) (appropriately modified for the identification of the parties), in each subcontract that-

(1) Exceeds $35,000 in value; and

(2) Is not a subcontract for commercially available off-the-shelf items.

(End of clause)

52.222-35 Equal Opportunity for Veterans. (OCT 2015)

(a) Definitions. As used in this clause- "Active duty wartime or campaign badge veteran," "Armed Forces service medal veteran," "disabled veteran," "protected veteran," "qualified disabled veteran," and "recently separated veteran" have the meanings given at FAR 22.1301.

(b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans.

(c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts of $150,000 or more unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

(End of clause)

52.222-36 Equal Opportunity for Workers with Disabilities. (JUL 2014)

(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.

(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of $15,000 unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

(End of clause)

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts. (SEP 2013)

(a) In the performance of this contract, the contractor shall make maximum use of biobased products that are United States Department of Agriculture (USDA)-designated items unless-

(1) The product cannot be acquired-

(i) Competitively within a time frame providing for compliance with the contract performance schedule;

(ii) Meeting contract performance requirements; or

(iii) At a reasonable price.

(2) The product is to be used in an application covered by a USDA categorical exemption (see 7 CFR 3201.3(e)). For example, all USDA-designated items are exempt from the preferred procurement requirement for the following:

(i) Spacecraft system and launch support equipment.

(ii) Military equipment, i.e., a product or system designed or procured for combat or combat-related missions.

(b) Information about this requirement and these products is available at http://www.biopreferred.gov.

(c) In the performance of this contract, the Contractor shall-

(1) Report to http://www.sam.gov, with a copy to the Contracting Officer, on the product types and dollar value of any USDA-designated biobased products purchased by the Contractor during the previous Government fiscal year, between October 1 and September 30; and

(2) Submit this report no later than-

(i) October 31 of each year during contract performance; and

(ii) At the end of contract performance.

(End of clause)

52.225-9 Buy American - Construction Materials. (MAY 2014)

(a) Definitions. As used in this clause- Commercially available off-the-shelf (COTS) item- (1) Means any item of supply (including construction material) that is-

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

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

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

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

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

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows:

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

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

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

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

(c) Request for determination of inapplicability of the Buy American statute. (1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including-

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

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

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

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

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

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

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

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

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

Foreign and Domestic Construction Materials Price Comparison

Measure

(Dollars)*

Item 1:

Item 2:

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

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

Include other applicable supporting information.

(End of clause)

52.232-18 Availability of Funds. (APR 1984) Funds are not presently available for this contract. The Government's obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

(End of clause)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (DEC 2013)

(a) Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor.

(b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.

(c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items.

(End of clause)

52.244-6 Subcontracts for Commercial Items. (FEB 2016)

(a) Definitions. As used in this clause- Commercial item has the meaning contained in Federal Acquisition Regulation 2.101, Definitions.

Subcontract includes a transfer of commercial items between divisions, subsidiaries, or affiliates of the Contractor or subcontractor at any tier.

(b) To the maximum extent practicable, the Contractor shall incorporate, and require its subcontractors at all tiers to incorporate, commercial items or nondevelopmental items as components of items to be supplied under this contract.

(c)(1) The Contractor shall insert the following clauses in subcontracts for commercial items:

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) (41 U.S.C. 3509), if the subcontract exceeds $5.5 million and has a performance period of more than 120 days. In altering this clause to identify the appropriate parties, all disclosures of violation of the civil False Claims Act or of Federal criminal law shall be directed to the agency Office of the Inspector General, with a copy to the Contracting Officer.

(ii) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5), if the subcontract is funded under the Recovery Act.

(iii) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (15 U.S.C. 637(d)(2) and (3)), if the subcontract offers further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

(v) 52.222-26, Equal Opportunity (APR 2015) (E.O. 11246).

(vi) 52.222-35, Equal Opportunity for Veterans (OCT 2015)(38 U.S.C. 4212(a));

(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

(viii) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

(ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496), if flow down is required in accordance with paragraph (f) of FAR clause 52.222-40.

(x)(A) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. chapter 78 and E.O. 13627).

(B) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xi) 52.222-55, Minimum Wages under Executive Order 13658 (DEC 2015).

(xii) 52.225-26, Contractors Performing Private Security Functions Outside the United States JUL 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xiii) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (DEC 2013), if flow down is required in accordance with paragraph (c) of FAR clause 52.232-40.

(xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. App. 1241 and 10 U.S.C. 2631), if flow down is required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may flow down to subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(d) The Contractor shall include the terms of this clause, including this paragraph (d), in subcontracts awarded under this contract.

(End of clause)

452.228-71 Insurance Coverage. (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. The Contractor shall have bodily injury liability insurance coverage written on a comprehensive form of policy of at least $500,000 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.

(End of Clause)

SECTION J - List of Documents, Exhibits, and Other Attachments

A

B

C

SECTION K - Representations, Certifications, and Other Statements of Offerors

52.204-8 Annual Representations and Certifications. (APR 2016) (a)(1) The North American Industry Classification System (NAICS) code for this acquisition is [insert NAICS code].

(2) The small business size standard is [insert size standard].

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

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

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

___ (i) Paragraph (d) applies.

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

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

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

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

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

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

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

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

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

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

(B) Exceed the simplified acquisition threshold; and

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(xxi) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications.