AG-6395-S-17-0112.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)

843774

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 05/26/2017

AG-6395-S-17-0112

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

Construction, repair and alteration services at Moore Air Base, Edinburg, Texas

This is a HUBZone set-aside. Offers are solicited only from HUBZone business concerns. Offers received that are not from HUBZone business concerns shall not be considered.

11. The Contractor shall begin performance

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

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

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

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

d. Offers providing less than

12b. CALENDAR DAYSYES NO

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

0 0 calendar days and complete it within ________________ ________________ calendar days after receiving

06/26/2017

NSN 7540-01-155-3212

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

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

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

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

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

CODE FACILITY CODE

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

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

AMENDMENT NO.

DATE.

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

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

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

No further contractual document is necessary.

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

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

BY

2PAGE OF

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...

Solicitation No. AG-6395-S-17-0112, IDIQ for General Construction, Moore Air Base

Notes to Offerors:

1. Please refer any questions pertaining to this solicitation to Jim Roloff, contracting officer, at james.g.roloff@aphis.usda.gov. Additionally, email your proposals by the date and time indicated in block 13 on the first page of this solicitation. It is the offeror’s responsibility to ensure proposals are received on time.

2. The appropriate Department of Labor wage determinations for construction shall apply to any resultant contract (see attachments).

3. USDA is exempt from sales tax: tax ID no. 41‐0696271; tax exempt no. 471640000.

4. Interested vendors shall submit the following items for award consideration:

- A signed copy of the Standard Form 1442. Please complete block 14, including vendor name, address, phone number, Federal Tax ID number, and DUNS number; block 17, block 19 if applicable; blocks 20a, 20b, and 20c; and the price schedule on page 4.

- Information as to relevant experience and past performance references. For further details see Section M Evaluation Factors for Award, on pages 28 and 29.

5. Any changes to this solicitation will be by amendment posted to www.fbo.gov.

6. A pre-proposal conference/site visit is scheduled for June 7 at 9 a.m. CST. See the provision on page 28 for details. Offerors must take steps reasonably necessary to ascertain the nature and location of the work, and that it has investigated and satisfied itself as to the general and local conditions which can affect the work or its cost, including but not limited to:

- conditions bearing upon transportation, disposal, handling, and storage of materials;

- the availability of labor, water, electric power, and roads;

- the conformation and conditions of the ground; and

- the character of equipment and facilities needed preliminary to and during work performance.

Offerors shall also satisfy itself as to the character, quality, and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection of the site, including all exploratory work done by the Government, as well as from any drawings and specifications made a part of this contract. Any failure of the Contractor to take the actions described and acknowledged in this paragraph will not relieve the Contractor from responsibility for estimating properly the difficulty and cost of successfully performing the work, or for proceeding to successfully perform the work without additional expense to the Government. The Government assumes no responsibility for any conclusions or interpretations made by the Contractor based on the information made available by the Government. Nor does the Government assume responsibility for any understanding reached or representation made concerning conditions which can affect the work by any of its officers or agents before the execution of this contract, unless that understanding or representation is expressly stated in this contract.

mailto:james.g.roloff@aphis.usda.gov http://www.fbo.gov/

Section B – Supplies or Services and Prices/Costs

USDA’s Animal and Plant Health Inspection Service (APHIS) intends to make multiple awards of a labor-hour indefinite-delivery indefinite-quantity (IDIQ) contract for construction, repair, alteration, and renovation services to federally owned and leased facilities in Edinburg, TX. Fixed-price task orders will be issued against the contract.

Contractor's hourly rates shall be the fully burdened rate to perform the services requested herein.

Description Unit Base Period Option Year 1 Option Year 2 Project Manager LH $ $ $ Laborer LH $ $ $ Carpenter LH $ $ $ Painter LH $ $ $ Plasterer LH $ $ $ Tile Setter LH $ $ $ Plumber/Pipe Fitter LH $ $ $ HVAC Mechanic LH $ $ $ Electrician LH $ $ $ Heavy Equipment Operator LH $ $ $ Concrete Finisher LH $ $ $ Truck Driver LH $ $ $

Section C – Description/Specifications/Statement of Work

C.1 Particulars

1.1 Title: IDIQ Contract for Construction, Repair & Alteration Services

1.2 Location: USDA APHIS PPQ

Moore Air Base Bldg 6417 Edinburg, TX 78541

1.3 Description: Task orders will range between $2,000 and $150,000 and will typically be for work that a general contractor can perform. Work shall include but not be limited to projects that are general construction, electrical, and mechanical in nature. Projects may require minimal design services/shop drawings in which an *A-E firm will need to sign and seal the drawings. The Contractor shall ensure that all work meets the scope of work (SOW) for each task order, and any specifications included with the individual task order or included in any applicable documents.

*The contractor must identify the Architect-Engineer of record for the contract.

The Government shall provide a SOW to the contractor with the task(s) to be accomplished. The details provided in the SOW will vary depending on the complexity of the project. In most instances, the SOW will identify the concept of what is required. Thus, it is imperative for the contractor to meet with the Government to ensure clarity of task. The development of drawings by the contractor may or may not be required depending on the complexity of the project. For task orders where no existing drawings are provided by the Government, the contractor shall provide sketches to clearly show what work is included in their proposal. In cases where the Government provides existing drawings for reference, contractor shall update the drawing to show the area impacted and the new as-built conditions. Drawings and/or sketches shall be submitted in .DWG and. PDF format.

The contractor shall complete all work and services under this agreement in accordance with schedules established in each task order. Submittal dates will be included in the task order. These dates will identify when submittals are due in the issuing office and other addresses identified in the task order.

1.4 Scope of Services: The Contractor shall at a minimum provide the necessary labor, material, equipment and services, i.e., design and construction, etc., for the items listed below.

- HVAC repair/replacement; cooler and freezer equipment repair;

- Plumbing; fixture replacement, drinking fountain replacement, water services, water main, sewer lines, fixtures, equipment repair; backups, etc.

- Electrical; lighting, receptacles, fire alarm system, security system including cameras; smart metering;

exterior lighting, exterior underground conduit and circuits;

- General carpentry, casework, cabinets, countertops, general work spaces and laboratory modernization, trim work, door installation/repairs; interior walls, exterior stairs, guards, handrails, and platforms;

- Roof, flashing, metal fascia, gutter/downspout repair/replacement;

- Masonry replacement and repair, replacement and repair of exterior and commercial doors in masonry walls; door opening fills;

- Exterior metal, wood, and EFIS siding replacement and repair;

- Painting, priming, surface preparation of exterior walls, trim, siding, interior wall repair, priming, and painting;

- Floor repair, floor replacement, vinyl composite tile, quarry tile, ceramic tile, concrete repair, concrete prepping, carpet;

- Suspended ceiling, gypsum wall board ceilings, acoustical tile repair, replacement; hard ceilings repair and replacement;

- Drywall replacement and repair;

- Replace toilet room partitions; locker room finishes;

- Interior and exterior concrete repair and replacement;

- Blacktop (asphalt) repairs, replacement;

- Fence repair and replacement; gates, cross-arms, controls and gate operators, electronics;

- General site work, grading, drainage, surveying, etc.

Required services may also include other types of repairs, alterations, or construction that are not listed in the items identified above. The contractor and subcontractors must be licensed by the state of Texas and local unit of government, if applicable.

All work shall meet the intent of the International Building Code and all applicable state and local codes and shall be completed in a professional, workmanship manner. The quality of all services hereunder shall conform to the highest standards in the relevant profession, trade or field of endeavor. All services shall be rendered by or supervised directly by individuals fully qualified in the relevant profession, trade or field, and holding any licenses required by law.

If third party inspections are required for any service provided, the contractor is responsible for associated fees and for obtaining any necessary permits. Damage caused to existing utilities or structures whether above ground or below shall be repaired at no cost to the Government by the respective Trade Professional.

Copies of the “Certificate(s) of Inspection” and warranty certificates shall be provided before submitting invoices for payment. If the repair effort requires installation of equipment and/or components that involve a manufacturer’s warranty or operation and maintenance manuals, these documents shall also accompany the invoice.

2.0 Project Contacts:

2.1 Contracting Officer (CO):

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

2.2 Engineering Project Manager (EPM):

Toni Taylor-Mitchell

USDA, APHIS, ASD, ESB

4700 River Road, Unit 115 (3A-03-42) Riverdale, MD 20737 - 1238 Tel. No.: (301) 734-5505 Fax No.: (301) 734-4846 E-mail: Toni.A.Taylor@aphis.usda.gov

2.3 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

C.2 452.211-72 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 here in Section C.

(End of Clause)

Section D - Packaging and Marking

No Clauses Are Included in This Section mailto:James.G.Roloff@aphis.usda.gov mailto:Kirk.F.Richardson@aphis.usda.gov

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

(End of clause)

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:

USDA, APHIS, PPQ

Moore Air Base 22675 N Moorefield Road Edinburg, TX 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)

This is a three-year indefinite-delivery, indefinite-quantity contract, the base period of which takes effect on the date of award. There are two, one-year option periods. Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering Clause: 52.216-18.

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

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 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.

G.3 Fair Opportunity and Ordering Information

Task Order Issuance—In the event of a multiple award, task orders estimated to be above the micropurchase threshold of $2,000 will be competed. The Contracting Officer will submit a written RFP for construction services to the awardees. The request will include a statement of work and related documents. Within 15 calendar days after receipt of the contracting officer’s request for proposal, the contractor shall submit a proposal. The proposal will be based on fully burdened labor, equipment and materials.

Individuals Authorized to Place Orders—Any authorized USDA APHIS Procurement Branch contracting officer may enter into, administer, and terminate task orders under the contract.

G.4 Invoice Preparation and Submission

Prior to original invoices being submitted into IPP, the contractor shall submit draft or informational copies to the Contracting Officer and COR for review and approval. Based upon acceptance of required contract deliverables, review and approval, the contractor will be notified to submit the original invoice to the Invoice Processing Platform (IPP) at www.ipp.gov.

All contractors must register with, and submit all invoices, through IPP in accordance with agency policy and also to ensure prompt payment of all invoices.

The contractor shall include the following information on each invoice in order to be considered a proper invoice:

1. Name and address of contractor.

2. Invoice number and invoice date.

3. Contract number.

4. Description of work and period of performance.

5. Name, title, phone number, and complete mailing address of official to whom payment is to be sent.

http://www.ipp.gov/

6. Name, title, phone number, and complete mailing address of person to notify in the event of a defective invoice.

7. Taxpayer Identification Number and DUNS Number.

8. Invoices must be submitted with APHIS Form 39-R, along with certified payroll records;

contractor’s certification (pursuant to FAR 52.232-5).

Payments will be made on a monthly basis in accordance with the contractor’s approved Construction Progress and Payment Schedule (or other approved form), that must accompany all invoices.

G.5 Release of Claims

Upon satisfactory completion of all work, the Contractor shall furnish a statement of release of all claims against the Government arising under and by virtue of the contract. The contractor shall complete and submit, on company letterhead, the following statement with his final billing:

"For and in consideration of the receipt of final payment in the amount of $ under and pursuant to Contract No. the undersigned hereby releases the Government from any and all obligations whatsoever arising under said contract.

Date: _____________ Contractor's Signature: ____________________________________________ Title: __________________________________________________________”

Section H - Special Contract Requirements

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

H.1 452.228-71 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.2 452.236-71 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.3 452.236-74 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.4 452.236-76 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: http://farsite.hill.af.mil/farsite_alt.html

52.202-1 Definitions (Jul 2004) 52.203-3 Gratuities (Apr 1984) 52.203-5 Covenant Against Contingent Fees (May 2014) 52.203-7 Anti-Kickback Procedures (May 2014) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity

(May 2014) 52.203-10 Price of Fee Adjustment for Illegal or Improper Activity (May 2014) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (Oct 2010) 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) 52.222-3 Convict Labor (Jun 2003) 52.222-4 Contract Work Hours and Safety Standards -- Overtime Compensation (May 2014) 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) http://farsite.hill.af.mil/farsite_alt.html http://acquisition.gov/far/current/html/52_200_206.html#wp1149656

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) 52.222-26 Equal Opportunity (Mar 2007) 52.222-27 Affirmative Action Compliance Requirements for Construction (Feb 1999) 52.222-35 Equal Opportunity for Veterans (Oct 2015) 52.222-36 Affirmative Action for Workers with Disabilities (Oct 2010) 52.222-37 Employment Reports on Veterans (Feb 2016) 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) 52.222-50 Combating Trafficking in Persons (Mar 2015) 52.222-54 Employment Eligibility Verification (Oct 2015) 52.222-55 Minimum Wages Under Executive Order 13658 (Dec 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) 52.228-5 Insurance -- Work on a Government Installation (Jan 1997) 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 (May 2014) 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) 52.244-6 Subcontracts for Commercial Items (Oct 2016) 52.246-21 Warranty of Construction (Mar 1994) 52.248-3 Value Engineering -- Construction (Oct 2015) 52.249-2 Termination for Convenience of the Government ALT 1 (Fixed-Price) (Apr 2012) 52.249-10 Default (Fixed-Price Construction) (Apr 1984) 52.253-1 Computer Generated Forms (Jan 1991)

I.1 52.216-18 Ordering (Oct 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued at any time during the performance period.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods (i.e., email) only if authorized in the Schedule.

I.2 52.216-19 Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $500, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor --

(1) Any order in excess of $150,000; or

(2) Any order for a combination of items in excess of $150,000; or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.

(c) Notwithstanding the order maximum of $150,000 (paragraph (b)(2) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b)(1), unless that order (or orders) is returned to the ordering office within 10 business days after issuance, with written notice stating the Contractor’s inability to perform and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from other sources.

(End of clause)

I.3 52.216-22 Indefinite Quantity (Oct 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after two years from the date the contract is awarded.

(End of clause)

I.4 452.216-73 Minimum and Maximum Contract Amounts (FEB 1988)

During the period specified in FAR clause 52.216-18, Ordering, the Government shall place orders totaling a minimum of $500, but not in excess of $150,000.

I.5 452.216-74 Ceiling Price (FEB 1988)

The ceiling price of this contract is $3,000,000. The Contractor shall not make expenditures or incur obligations in the performance of this contract which exceed the ceiling price specified herein, except at the Contractor’s own risk.

(End of clause)

I.6 52.217-8 Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the

Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days of contract expiration.

I.7 52.217-9 Option to Extend the Term of the Contract (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days of contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 45 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.

I.8 52.223-21 Foams (Jun 2016)

(a) Definitions. As used in this clause--

“Global warming potential” means how much a given mass of a chemical contributes to global warming over a given time period compared to the same mass of carbon dioxide. Carbon dioxide’s global warming potential is defined as 1.0.

“High global warming potential hydrofluorocarbons” means any hydrofluorocarbons in a particular end use for which EPA’s Significant New Alternatives Policy (SNAP) program has identified other acceptable alternatives that have lower global warming potential. The SNAP list of alternatives is found at 40 CFR part 82, subpart G. with supplemental tables of alternatives available at http://www.epa.gov/snap/).

“Hydrofluorocarbons” means compounds that contain only hydrogen, fluorine, and carbon.

(b) Unless otherwise specified in the contract, the Contractor shall reduce its use, release, and emissions of high global warming potential hydrofluorocarbons and refrigerant blends containing hydrofluorocarbons, when feasible, from foam blowing agents, under this contract. When determining feasibility of using a particular alternative, the Contractor shall consider environmental, technical, and economic factors such as--

(1) In-use emission rates, energy efficiency, and safety;

(2) Ability to meet performance requirements; and;

(3) Commercial availability at a reasonable cost.

(c) The Contractor shall refer to EPA’s SNAP program to identify alternatives. The SNAP list of alternatives is found at 40 CFR part 82, subpart G, with supplemental tables available at http://www.epa.gov/snap/.

(End of clause) http://www.epa.gov/snap/ http://www.epa.gov/snap/

I.9 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)

PART III – LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

Section J – List of Attachments

Attachment No. Title No. of Pages

1 DOL Wage Rates 6 General Decision Number: TX305

2 DOL Wage Rates 5 Gernal Decision Number TX8

PART IV - REPRESENTATIONS AND INSTRUCTIONS

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

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

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): http://www.arnet/gov/far

(End of provision)

52.223-1 Biobased Product Certification (May 2012)

K. 2 52.204-8 Annual Representations and Certifications (Jan 2017)

(a)

(1) The North American Industry classification System (NAICS) code for this acquisition is 236210.

(2) The small business size standard is $36.5 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) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements—Representation. This provision applies to all solicitations.

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

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

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

(B) Exceed the simplified acquisition threshold; and

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

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

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

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

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

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

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

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

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

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

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

(xiv) 52.222-25, Affirmative Action Compliance.