Solicitation_AG-6395-S-16-0108.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

6. PROJECT NO. 4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

IMPORTANT -- The "offer" section on the reverse must be fully completed by offeror.

9.

INFORMATION

a. NAME b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder."

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

779942

USDA APHIS MRPBS

ASD Procurement Branch

Butler Square, 5th Floor

100 N 6TH STREET

APHIS-MRPBS-ASD-6395

MINNEAPOLIS MN 55403

See Block 7

JAMES ROLOFF 612-336-3223

1x 05/10/2016

AG-6395-S-16-0108

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

Tax ID Number: Not Available

DUNS Number: Not Available

This solicitation is set aside for HUBZone small business concerns. Offers are solicited only from HUBZone business concerns. Offers received from concerns that are not HUBZone small business concerns will not be considered.

Any contract resulting from this solicitation will be based on a firm-fixed price.

All work shall be performed in accordance with Section

C--Description/Specifications, beginning on page 4.

Please see the provisions 52.236-28 Preparation of Proposals--Construction, and

52.215-1 Instructions to Offerors--Competitive Acquisition, on pages 23 and 24, respectively. For a description of the proposal evaluation factors, see Section M on page 30.

For pre-proposal conference/site visit information, see the provision at 52.236-27 on page 29.

11. The Contractor shall begin performance

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

award, notice to proceed. The performance period is mandatory negotiable. (See ________________________________________________.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and is not required.is, b. An offer guarantee

c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

d. Offers providing less than

12b. CALENDAR DAYSYES NO

(If "YES", indicate within how many calendar days after award in Item 12b.)

10 130 calendar days and complete it within ________________ ________________ calendar days after receiving

52.211-10 on page 8

06/09/2016

NSN 7540-01-155-3212

x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time calendar days for Government acceptance after the date offers are due will not be considered and will be rejected . _________________

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within ____________________ calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in item 13d. Failure to insert any number means the offeror accepts the minimum in item 13d.)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)

16. REMITTANCE ADDRESS (Include only if different than item 14.)

CODE FACILITY CODE

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20b. SIGNATURE 20c. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this document and return (Contractor is not required to sign this document.)

Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award.

No further contractual document is necessary.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31a. NAME OF CONTRACTING OFFICER (Type or print)

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. DATE

BY

2PAGE OF

USDA APHIS MRPBS

ASD Procurement Branch

Butler Square, 5th Floor

100 N 6TH STREET

APHIS-MRPBS-ASD-6395

MINNEAPOLIS MN 55403

JAMES G. ROLOFF

28. NEGOTIATED AGREEMENT 29. AWARD

Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, copies to issuing office.)

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

STANDARD FORM 1442 (REV. 4-85) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 30

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

AG-6395-S-16-0108

FOB: Destination

001 Chiller replacement, Moore Air Base, Edinburg, Texas

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

Sponsored by GSA

FAR (48 CFR) 53.110

Solicitation No. AG-6395-S-16-0108

Section C – Description/Specifications

C.1 Particulars:

1.1 Title: Replacement of an Air-Cooled Chiller at the Bio-Control Lab Facility

1.2 Location: Building 6414

USDA Moore Air Base 22675 N. Moorefield Road Edinburg, Texas 78541

1.3 Project Background: The Bio-Control Lab has two chillers presently. One of them; Trane model #RTAA1254XJ01A3DOB, Series R, stage 2, 125-ton chiller, R-22, 460 volts is operational but keeps going off line. Due to the non-reliable chiller, we issued a separate contract to provide a temporary chiller and pump. The temporary chiller and pump will provide chilled water to the building until this contract is complete.

1.4 Project Description: Contractor shall provide all labor, materials, and equipment to remove and dispose of the failing Trane Chiller including pump, exterior chilled water piping (from the elbows on the vertical pipes) and the electrical system. Contractor shall furnish and install a new 125-ton, high-efficiency air-cooled chiller including the chilled water piping, dual chilled-water pumps and electrical system. The new chiller system shall include the following:

1.4.1 The three manufacturers that are acceptable are Trane, Carrier or JCI (York). The chiller shall have a minimum rating of 15.39 IPLV, and 10.4 EER at AHRI. The chiller shall be able to operate with ambient temperatures between 0.0˚F and 125.0˚F. The chiller shall have full architectural louvered panels covering the condenser coil and the service area beneath the condenser and the enclosure shall be type UL 1995 rated for outdoor applications.

1.4.2 The chiller shall be factory charged with HFC-410A refrigerant. The new chiller shall have a minimum of four stages of capacity modulation.

1.4.3 Contractor shall provide the manufacturer’s recommended chiller piping package including at the minimum, isolation valves, flexible connections, dielectric unions, four ports with temperature and pressure gauges, an automatic air vent, and a factory installed water strainer and flow switch. The piping package shall be same sized to match the new chiller.

1.4.4 The new electrical system and chiller shall be furnished from the factory and installed in a manner to handle the local extreme weather conditions (coastal), and the unstable incoming power.

1.4.5 Contractor shall install both chiller pumps such that the new pumps operate automatically on a lead-lag system. The new chiller pumps shall be sized to handle the existing chilled water piping and the new chiller. Contractor shall provide a new five-gallon chemical pot feeder for the pumps. Contractor shall provide new electrical disconnects for the pumps. The feed for the new pumps shall be feed from panels backed up by the stand-by generator.

1.4.6 Contractor shall remove all exterior horizontal chilled water pipes and furnish and install new full-size tees to the existing elbows. Relocate the recently replaced isolation valves (two) to the tees and provide two new isolation valves. The temporary chiller contractor shall relocate his piping connections to one side of each tee. Contractor shall provide new quick connects with caps to the valves after the temporary chiller is removed.

Contractor shall provide quick connects with caps to the abandoned valves after the temporary chiller is removed.

1.4.7 The new electrical system for the new chiller shall include a new breaker in the existing distribution panel backed up by the stand-by generator, new conductors and conduit from the existing distribution panel to the new disconnect for the new chiller.

1.4.8 All new and relocated chilled water piping including valves, tees and fittings shall be insulated with minimum 2” thick cellular glass insulation with an aluminum jacket.

1.4.9 Contractor shall run control wiring to the new chiller and chiller pumps. Contractor shall write programming so the base control system (SCADA) can monitor the chiller and to control the pumps on a lead-lag format.

C.2 Points of Contact:

2.1 Contracting Officer (CO):

James Roloff USDA, APHIS, Contracting Butler Square, Suite 510C 100 N. 6th Street Minneapolis, MN 55403 Tel. No.: 612-336-3223 Fax No.: 612-336-3550 Email: James.G.Roloff@aphis.usda.gov

2.2 Engineering Project Manager (EPM):

Keith O’Brien

USDA, APHIS, ASD, ESB

4700 River Road, Unit 115 Riverdale, MD 20737 - 1238 Tel. No.: (301) 851-2629 E-mail: keith.m.obrien@aphis.usda.gov

2.3 Program Project Manager (PPM):

Wendell Leonard

USDA, APHIS, PPQ

4700 River Road, Unit 115 Riverdale, MD 20737-1231 Tel. No.: 301-734-4462 Fax No.: 301-734-4846 Email: Wendell.L.Leonard@aphis.usda.gov

2.4 Contracting Officer’s Representative (COR):

Kirk Richardson

USDA, APHIS PPQ

Moore Air Base, Bldg. 6402 Edinburg, TX Tel. No.: 956-205-7602 Email: Kirk.F.Richardson@aphis.usda.gov

2.5 Facility Manager (FM)

Matthew Ciomperlik Mission Lab

USDA, APHIS, PPQ CPHST

22675 N. Moorefield RD Moore Air Base Edinburg, TX 78541 mailto:James.G.Roloff@aphis.usda.gov mailto:keith.m.obrien@aphis.usda.gov mailto:Wendell.L.Leonard@aphis.usda.gov mailto:Kirk.F.Richardson@aphis.usda.gov

Tel. No.: 956-205-7667 E-mail: matthew.a.ciomperlik@aphis.usda.gov

C.3 Requirements:

3.1 Contractor shall provide standard one-year full warranty, parts and labor and a five-year parts and labor extended warranty on the compressors.

3.2 The new chiller shall meet ASHRAE 90.1, and ARI certified. A factory representative shall start-up the new chiller.

3.3 Contractor shall remove and dispose of the existing failing chiller in accordance with all local, state and federal regulations. Contractor shall install the new chiller including piping package and dual pumps without shutting down the existing operating temporary chiller system.

3.4 The removal of the horizontal piping, installation of new tees and two new isolation valves and relocation of both of the recently replaced isolation valves shall be done at night over a weekend scheduled at least a week in advance with the COR. If possible, this outage shall take place as soon as possible before the extreme summer temperatures set in. Contractor shall drain, refill and vent the chilled water system for this outage and when tying in the new chiller system.

3.5 Electrical System: The new electrical system shall be sized, furnished and installed in accordance with the latest NEC.

3.6 Submittals: Contractor shall submit the following items:

3.6.1 Construction schedule

3.6.2 Safety Plan of items specific to this project

3.6.3 Chiller submittal shop drawings (submit with proposal) and manufacturer’s start-up report

3.6.4 Chilled water piping and insulation submittals

3.6.5 Pump sizing calculations, submittals shop drawings and balancing report.

3.6.6 Electrical submittals and shop drawings

3.6.7 As-built drawings showing all changes.

3.6.8 Operational and Maintenance manuals for the chiller, pumps and electrical equipment.

3.6.9 Listing of Subcontractors

3.7 Permits: Contractor shall apply for all permits from the local and state agencies, if applicable.

3.8 Recycle: Contractor shall recycle as many materials as possible. Contractor shall submit a report listing all items that were recycled and the weights of the items.

3.9 Insulation: The new insulation shall be furnished and installed in accordance with ASTM C552, Type II and Type III with an outdoor rated vapor barrier in accordance with ASTM E96. The aluminum covering for the insulation shall be furnished and installed in accordance with ASTM B 209.

mailto:matthew.a.ciomperlik@aphis.usda.gov

3.10 Chilled water piping: The new chilled water piping, valves and fittings shall be furnished and installed in accordance with ASTM B 32, ASTM B 88, AWS D1.1, ASME Sec 9, ASME B16.18 and

ASME B16.5.

C.4 Schedule: The schedule provided indicates project requirements for each submission stage. All times are in calendar days. It is provided for negotiations with the Contractor for setting contract time requirements for meeting contract submissions and construction deadlines.

Notice to Proceed and order new chiller Submittals/Shop Drawings 14 days Government Review 7 days Installation on new tees 1 day Permit application and chiller acquisition 63 days On-site Construction 21 days Testing of chiller and pumps 7 days Close out submittals 14 days Total 127 days

See paragraphs 3.3 and 3.4 above for special schedule requirements.

C.5 Submittals:

5.1 Distribution Package to COR: (three paper copies and an electronic copy) Kirk Richardson

USDA, APHIS PPQ

Moore Air Base, Bldg. 6402 Edinburg, TX 78541

5.2 Distribution Package to Project Engineer: (two copies and an electronic copy) Keith O’Brien

USDA, APHIS, MRPBS, ASD

4700 River Road, Unit 115 Riverdale, MD 20737

C.7 452.211-72 Statement of Work/Specifications (Feb 1988)

The contractor shall furnish the necessary personnel, material, equipment, services, and facilities (except as otherwise specified), to perform the Statement of Work/Specifications referenced in Section C.

(End of Clause)

Section D - Packaging and Marking

No Clauses Are Included in This Section

Section E - Inspection and Acceptance

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

NUMBER TITLE DATE

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 address:

http://farsite.hill.af.mil/farsite_alt.html

52.246-12 Inspection of Construction (APR 1996)

E.1 452.246-70 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:

Building 6414 USDA Moore Air Base 22675 N. Moorefield Road Edinburg, Texas 78541

Section F - Deliveries or Performance

52.242-14 Suspension of Work (APR 1984)

F.1 52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 127 calendar days after issuance of the Notice to Proceed. The time stated for completion shall include final cleanup of the premises.

(End of clause)

Section G - Contract Administration Data

G.1 Contracting Officer’s Representative

The COR for this project is Kirk Richardson. He can be contacted at 956-205-7602.

G.2 Construction Progress and Payment Schedule

(a) Within 10 calendar days after the date of receipt of the Notice to Proceed, the Contractor shall prepare and submit an original APHIS Form 38, Construction Progress and Payment Schedule. This Schedule shall first be submitted to the COR for approval. After approval by the Contracting Officer, a copy of the approved schedule will be returned to the Contractor and the COR for their respective file. This file will serve as a Schedule of Estimates, Progress Schedule; and when used with APHIS FORM 39-R, Contractor’s Request for Payment, it will be used as a basis for requesting progress payments. The values employed in making the schedule will be used only for determining progress payments and will not be considered as fixing a basis for additions to or deductions from the contract.

(b) A small supply of APHIS Forms 38 and 39-R will be given to the Contractor with the Notice to Proceed. Additional copies will be made available from the Contracting Officer upon request.

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

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

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

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

G.3 Beneficial Occupancy/Substantial Completion and Acceptance

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

Substantial Completion is defined as the stage in construction when a project or designated portion thereof, has reached a state of completion which would permit the occupancy and/or use of the facility by the Department of Agriculture for its intended function. Unless otherwise indicated, the date of Substantial Completion, as acknowledged by the Government, is also the date of commencement of all warranties and guarantees required by the contract documents.

Section H - Special Contract Requirements

52.236-14 Availability and Use of Utility Service (APR 1984)

H.1 452.224-70 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.2 452.228-71 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.3 452.236-71 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.4 452.236-72 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.5 452.236-74 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.6 452.236-75 Maximum Workweek--Construction Schedule (NOV 1996)

Within 10 calendar days, 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.7 452.236-76 Samples and Certificates (FEB 1988)

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

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

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 address:

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 (Oct 2010) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (Sep 2007) 52.204-4 Printed or Copied Double-Sided on Recycled Paper (Aug 2000) 52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Jul

2013) 52.204-13 System for Award Management Maintenance (Jul 2013) 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment (Aug 2013) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (May 2012) 52.215-2 Audit and Records—Negotiation (Oct 2010) 52.215-8 Order of Precedence—Uniform Contract Format (Oct 1997) 52.219-3 Notice of HUBZone Set-Aside or Sole Source Award (Nov 2011) 52.219-8 Utilization of Small Business Concerns (Jul 2013) 52.219-14 Limitations on Subcontracting (Nov 2011) 52.219-28 Post-Award Small Business Program Representation (Jul 2013) 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 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) 52.222-21 Prohibition of Segregated Facilities (Feb 1999) 52.222-22 Previous Contracts and Compliance Reports (Feb 1999) 52.222-26 Equal Opportunity (Mar 2007) 52.222-27 Affirmative Action Compliance Requirements for Construction (Feb 1999) http://acquisition.gov/far/current/html/52_200_206.html#wp1149656

52.222-34 Project Labor Agreement (May 2010) 52.222-35 Equal Opportunity for Veterans (Sep 2010) 52.222-36 Affirmative Action for Workers with Disabilities (Oct 2010) 52.222-37 Employment Reports on Veterans (Sep 2010) 52.222-50 Combating Trafficking in Persons (Mar 2015) 52.223-2 Affirmative Procurement of Bio-Based Products Under Service and

Construction Contracts (Sep 2013) 52.223-5 Pollution Prevention and Right-to-Know Information (Aug 2003) 52.223-6 Drug-Free Workplace (May 2001) 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and

Construction Contracts (May 2008) 52.223-18 Contractor Policy 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) 52.227-2 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 (Jan 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 (Oct 2010) 52.229-3 Federal, State, and Local Taxes (Feb 2013) 52.232-5 Payments under Fixed-Price Construction Contracts (Sep 2002) 52.232-17 Interest (May 2014) 52.232-23 Assignment of Claims (May 2014) 52.232-27 Prompt Payment for Construction Contracts (Jul 2013) 52.232-33 Payment by Electronic Funds Transfer—System for Award Management

(Jul 2013) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 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 1991) 52.236-8 Other Contracts (Apr 1984) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and

Improvements (Apr 1984) 52.236-10 Operations and Storage Areas (Apr 1984) 52.236-11 Use and Possession Prior to Completion (Apr 1984)

52.236-12 Cleaning Up (Apr 1984) 52.236-13 Accident Prevention (Nov 1991) 52.236-15 Schedules for Construction Contracts (Apr 1984) 52.236-17 Layout of Work (Apr 1984) 52.236-21 Specifications and Drawings for Construction, ALT 1 (Feb 1997) 52.236-26 Preconstruction Conference (Feb 1995) 52.242-13 Bankruptcy (Jul 1995) 52.243-4 Changes (Jun 2007) 52.244-5 Competition in Subcontracting (Dec 1996) 52.244-6 Subcontracts for Commercial Items (Dec 2013) 52.246-21 Warranty of Construction (Mar 1994) 52.248-3 Value Engineering—Construction (Oct 2010) 52.249-2 Termination for Convenience of the Government (Fixed-Price) (Apr 2012) 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 (NOV 1996)

I.1 52.222-99 Establishing a Minimum Wage for Contractors (DEVIATION 2014-0017)

(JUNE 2014)

This clause implements Executive Order 13658, Establishing a Minimum Wage for Contractors, dated February 12, 2014, and OMB Policy Memorandum M-14-09, dated June 12, 2014.

(a) Each service employee, laborer, or mechanic employed in the United States (the 50 States and the District of Columbia) in the performance of this contract by the prime Contractor or any subcontractor, regardless of any contractual relationship which may be alleged to exist between the Contractor and service employee, laborer, or mechanic, shall be paid not less than the applicable minimum wage under Executive Order 13658. The minimum wage required to be paid to each service employee, laborer, or mechanic performing work on this contract between January 1, 2015, and December 31, 2015, shall be $10.10 per hour.

(b) The Contractor shall adjust the minimum wage paid under this contract each time the Secretary of Labor’s annual determination of the applicable minimum wage under section 2(a)(ii) of Executive Order 13658 results in a higher minimum wage. Adjustments to the Executive Order minimum wage under section 2(a)(ii) of Executive Order 13658 will be effective for all service employees, laborers, or mechanics subject to the Executive Order beginning January 1 of the following year. The Secretary of Labor will publish annual determinations in the Federal Register no later than 90 days before such new wage is to take effect. The Secretary will also publish the applicable minimum wage on www.wdol.gov (or any successor website). The applicable published minimum wage is incorporated by reference into this contract.

(c) The Contracting Officer will adjust the contract price or contract unit price under this clause only for the increase in labor costs resulting from the annual inflation increases in the Executive Order 13658 minimum wage beginning on January 1, 2016. The Contracting Officer shall consider documentation as to the specific costs and workers impacted in determining the amount of the adjustment.

(d) The Contracting Officer will not adjust the contract price under this clause for any costs other than those identified in paragraph (c) of this clause, and will not provide price adjustments under this clause that result in duplicate price adjustments with the respective clause of this contract implementing the Service Contract Labor Standards statute (formerly known as the Service Contract Act) or the Wage Rate Requirements (Construction) statute (formerly known as the Davis Bacon Act).

(e) The Contractor shall include the substance of this clause, including this paragraph (e) in all subcontracts.

I.2 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 materials or components listed by the Government as follows: ______ [Contracting Officer to list applicable excepted materials or indicate “none”]

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

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

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

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

(c) Request for determination of inapplicability of the Buy American statute.

(1)

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

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

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

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

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

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

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

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material.

However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

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

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

Foreign and Domestic Construction Materials Price Comparison

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

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

[Include other applicable supporting information.]

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

(End of Clause)

I.3 452.232-70 Reimbursement for Bond Premiums—Fixed-Price Construction Contracts (Nov 1996)

The Contract Price includes the total amount for premiums that the Contractor attributes to the furnishing of performance and payment bonds required by the contract. Reimbursement for bond premiums under the clause at FAR 52.232-5, Payments Under Fixed-Price Construction Contract, shall not cover any amount therefore not included in the contract price.

(End of Clause)

PART III – LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

Section J – List of Attachments

Attachment No. No. of Pages

1 5

Title

DOL Wage Rates

General Decision Number: TX305

PART IV - REPRESENTATIONS AND INSTRUCTIONS

Section K - Representations, Certifications, and Other Statements of Bidders

K.1 52.204-8 Annual Representations and Certifications (Apr 2016)

(a)

(1) The North American Industry classification System (NAICS) code for this acquisition is 238220.

(2) The small business size standard is $15 million.

(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 certification 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 the 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 $79,507 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…