Solicitation_AG-6395-S-17-0141..pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

APHIS-MRPBS-ASD-6395

100 N 6TH STREET

Butler Square, 5th Floor ASD Procurement Branch

USDA APHIS MRPBS

CODE 16. ADMINISTERED BYCODE

X

X

X

238220

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED ORAPHIS-MRPBS-ASD-6395

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

08/11/2017 1700 cs

07/14/2017

612-336-3364LISA DRAVES

(No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBERa. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

AG-6395-S-17-0141

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 75866776OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

MINNEAPOLIS MN 55403

TELEPHONE NO.

17a. CONTRACTOR/

15. DELIVER TO

MINNEAPOLIS MN 55403

100 N 6TH STREET

Butler Square, 5th Floor ASD Procurement Branch

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$15.00

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

USDA APHIS MRPBS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Boiler Water Treatment Testing, Service, and Repairs

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED . YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

77 2 of

NOTES TO QUOTERS

1. Submit quotes to Lisa Draves at lisa.a.draves@usda.gov before the time specified in this solicitation. (See 52.212-1 Addendum, pages 33-34.)

A COMPLETE QUOTE SHALL INCLUDE THE FOLLOWING INFORMATION:

・ Signed Standard Form (SF) 1449 and acknowledgement of Amendments to the solicitation

・ Completed Pricing Schedule (Page 5)

Provide a unit price for each line item as specified in the Pricing Schedule.

Alternative pricing schedules will not be considered.

・ Technical Capability Information. Quoters shall submit capability information to demonstrate technical qualifications, expertise and relevant experience:

a. A detailed description of the work to be self‐performed and personnel resources available to demonstrate the quoter is capable of performing the work and complying with clause 52.219‐14, Limitations on Subcontracting. (At least 50 percent of the cost of contract performance incurred for personnel must be expended for employees of the prime contractor.)

b. A description of minimum of three (3) and maximum of five (5) examples of recent and relevant contracts for similar services.

Include:

Contract Number Project Description Dates of performance Awarded amount Points of Contact with names, titles, email addresses and other relevant information

A letter of commitment is required for evaluation of a subcontractor’s technical capability.

Relevant experience is defined as servicing boiler chemical water treatment systems similar in scope and complexity.

2. This solicitation will result in an Indefinite‐Delivery Indefinite‐Quantity (IDIQ) type contract.

Work will be ordered through the issuance of individual task orders as the requirements of the U.S. Department of Agriculture (USDA) are defined. Contract and delivery order minimums and maximums are addressed in the following clauses: See 52.216‐19, Order Limitations” and 452.216‐73 “Minimum and Maximum Contract Amounts”. The line item quantities listed in the

Pricing Schedule are for evaluation purposes only and are not intended to convey either a minimum or maximum quantity that will be ordered by the Government. Delivery Order prices will be in accordance with the fixed rates established in the Pricing Schedule. The unit price that will be paid for any line item will not be changed based on the quantity actually ordered by the Government. The ultimate contract price for any given ordering period will be the sum of the task orders issued during that period.

3. While this contract is primarily for commercial services (subject to the Service Contract Act) it also includes a segregable amount construction work subject to Wage Rate Requirements (Construction), formerly known as the Davis‐Bacon Act. See Performance Work Statement, Section 9.0 Applicable Wage Decisions for Repairs.

4. Offerors are urged and expected to inspect the equipment on which maintenance or repairs are to be performed. Contact Mr. Kirk Richardson at (956) 205‐7602 or Kirk.F.Richardson@aphis.usda.gov to schedule an appointment.

5. Submit questions by email to Lisa Draves at lisa.a.draves@aphis.usda.gov. Questions should be submitted no later than three (3) days prior to the response deadline to ensure adequate time is available to respond and to amend the solicitation if necessary.

6. Vendors must be registered in the System for Award Management (www.sam.gov), including current online representations and certifications, no later than the solicitation response date/time.

7. In accordance with Federal Acquisition Regulation (FAR) Subpart 9.1, a prospective contractor may be requested to provide additional information in order to assist the Government in making a responsibility determination.

8. The United States Department of Agriculture Animal and Plant Health Inspection Service (USDA APHIS) is an agency of the Federal Government and is tax exempt (TAX ID # 41‐0696271).

PRICING SCHEDULE

ITEM DESCRIPTION EST QUANTITY UNIT UNIT PRICE TOTAL

BASE YEAR (12 months)

0001 Monthly Water Testing 12 MO _________ _________ 0002 Semi‐Annual Service 2 EA _________ _________ 0003 Repair Labor Rate subject to 20 HR _________ _________

Service Contract Act 0004 Repair Labor Rate subject to 20 HR _________ _________

Wage Rate Requirements (construction) 0005 Parts (TBD)

OPTION YEAR 1 (12 months)

0006 Monthly Water Testing 12 MO _________ _________ 0007 Semi‐Annual Service 2 EA _________ _________ 0008 Repair Labor Rate subject to 20 HR _________ _________

Service Contract Act 0009 Repair Labor Rate subject to 20 HR _________ _________

Wage Rate Requirements (construction) 0010 Parts (TBD)

OPTION YEAR 2 (12 months)

0011 Monthly Water Testing 12 MO _________ _________ 0012 Semi‐Annual Service 2 EA _________ _________ 0013 Repair Labor Rate subject to 20 HR _________ _________

Service Contract Act 0014 Repair Labor Rate subject to 20 HR _________ _________

Wage Rate Requirements (construction) 0015 Parts (TBD)

OPTION YEAR 3 (12 months)

0016 Monthly Water Testing 12 MO _________ _________ 0017 Semi‐Annual Service 2 EA _________ _________ 0018 Repair Labor Rate subject to 20 HR _________ _________

Service Contract Act 0019 Repair Labor Rate subject to 20 HR _________ _________

Wage Rate Requirements (construction) 0020 Parts (TBD)

TOTAL PRICE (Items 0001 ‐ 0020) __________

PERFORMANCE WORK STATEMENT

1.0 CONTRACT PROJECT:

1.1 Title: Boiler water treatment testing, service, and repairs for base year with 3‐option years

1.2 Locations: USDA‐APHIS‐PPQ, Moore Air Base, 22675 North Moorefield Road, Edinburg, Texas 78541

Mexican Fruit Fly Rearing Facility Building (MFF) 6418 (Hurst Boiler) Mexican Fruit Fly Rearing Facility Building 5418 (MFF) (Sellers Boiler) Bio‐Control Containment Facility Building 6417 Bio‐Control Quarantine Facility Building 6403 Bio‐Control Facility Building 6414

2.0 Back Ground: A detailed system audits and diagnostics to prescribe the best chemical, equipment and service programs to maximize our boiler system performance and efficiency through an effective boiler water treatment program was performed by Accu‐Aire, LLC.

These issues typically are not isolated. For example, under‐deposit corrosion can also occur from concentrating mechanisms beneath the scale or deposit layer. Carryover of boiler water solids into the steam may result from high levels of corrosion products in the boiler.

3.0 Purpose: Internal Treatment

Provide an Internal Treatment program needed to keep our boilers from major problems that can occur inside the boiler, including: Scale, Deposition, Corrosion and Carryover and running at its best.

Provide monthly service and semi‐annual maintenance, and repairs for the boiler water treatment equipment to protect our boiler and keep them running efficiently. This contract includes all required chemicals, chemical deliveries, chemical storage and complete operations of the boiler chemical water treatment systems. All work materials and services not expressly called for in this performance work statement but are necessary for completion of the contract requirements shall be performed and furnished by the Contractor at no additional cost to the Government.

3.1 Planning: The contractor shall provide a boiler water treatment plan for review and approval by the Government within 14 days following contract award. The plan shall include:

A description of how the work will be performed A detailed schedule for these services The Plan shall address the following:

1. Feedwater pretreatment program to prevent potential problems of downstream

2. Internal treatment program for the water entering the boiler to prevent problems that can occur inside the boiler, including: scale, deposition, corrosion, and carryover to protect and keep the boiler running efficiently

3. Condensate treatment that will maximize the amount and quality of condensate return to the boiler as feedwater

3.1 Monthly Water Testing: This includes monthly testing of boiler water of the five (5) boilers

(specified in Section 3.4.), adjustments of feed rates, and adding additional chemical solutions as required. The monthly testing shall occur on the same day(s) each month for consistency of test results.

3.2 Semi‐annual Service: The five (5) boiler water treatment systems (specified in Section 3.4.)

shall be serviced on a semi‐annual basis. This include cleaning of the system, sensors, piping, pumps, and tanks. This shall include the changing of filters, media, or lines, cleaning chemical injectors if required. The boilers are inspected and opened up on an annual basis this contract shall include a site visit to verify the condition of the boiler interior and boiler methods based on the interior boiler conditions. Modifications will be made under the repair portion of this contract.

3.3 Repairs: Contractor shall provide repairs on the boiler Water treatment systems on an as‐ needed basis. The contractor must respond to a request for repair within 48‐hours. (See Section

8.0)

3.4 Boiler Testing, Service and Repairs Scope: Moore Air base currently has five (5) boiler and boiler systems. This section will identify the boilers and boilers water treatment systems for each boiler:

6418 MFF Hurst Boiler: Controller, pumps, automatic blow off valve, valves, lines, injectors, tanks, and ant fittings, and system parts not identified.

Hurst

Model #S300‐15‐56

Serial # 101604

60HP/2070LBS/per hour

6418 MFF Sellers Boiler: Controller, pumps, automatic blow off valve, valves, lines, injectors, tanks, and ant fittings, and system parts not identified. This boiler was not part of the equipment contract but shall be part of this contract when the boiler water treatment system is installed

Sellers

20‐HP‐77

837,000 BTU/HR

150PSI

6417 Bio‐Control Containment Faculty:

Controller, pumps, automatic blow off valve, valves, lines, injectors, tanks, and ant fittings, and system parts not identified.

Fulton Model ICS‐0006‐A Serial # 75766 6 HP/270 LBS/per hour

6303 Bio‐Control Quarantine Facility: Controller, pumps, automatic blow off valve, valves, lines, injectors, tanks, and ant fittings, and system parts not identified.

Performance Pulsation Control

Model #020VT‐PF‐N‐G

Serial # 3307

6414 Bio‐Control Facility: Controller, pumps, automatic blow off valve, valves, lines, injectors, tanks, and ant fittings, and system parts not identified.

Sellers Model # 77C Serial # 103336 50 HP/ 1725 LBS/ per hour

3.5 Boiler Treatment Chemicals: Each boiler required differing treatments and treatment methodologies based on seasonal water quality. Chemical may vary depending on the season, water quality and system demands:

6418 MFF Hurst Boiler: Sodium Nitrate, Formula 12‐L, Formula 151, and LC‐5, 247‐L.

6418 MFF Sellers Boiler: Sodium Nitrate, Formula 12‐L, Formula 151, and LC‐5, and

Formula 247‐L.

6417 Bio‐Control Containment Facility: Formula 151, LC‐5.

6403 Bio‐Control Quarantine Facility: Formula 151 and LC‐5.

6414 Bio‐Control Facility: Formula 247‐L, Formula 12L, Sodium Nitrate, Formula 151, and LC5.

*** Due to the seasonal changes and changing water quality and system demands changes in treatment levels, treatment methodologies may be required. That all modifications to the boiler water treatment systems shall be considered part of the contract and be dealt with change orders or additional task orders.

4.0 PROJECT CONTACT PERSONS:

4.1 Contracting Officer’s Representative / Facilities Manager Kirk Richardson

USDA, APHIS, PPQ

Moore Air Base 22675 North Moore Field Building 6407 Edinburg, TX 78541 Tel. No.: (956) 205‐7600

4.2 Program Support Specialist

Martha Garza

USDA, APHIS, PPQ FO

22675 North Moore Field Building 6407 Edinburg, TX 78541 Tel. No.: (956) 205‐7604 Email: Martha.Garza@aphis.usda.gov

5.0 Contractor Requirements

The contractor shall perform the following services:

a. To provide all chemicals, manpower, equipment, parts and safety equipment.

b. Compliance with Building Codes: In accordance with Public Law 100‐678, Federal Agencies must comply with the most stringent National Building Codes, Local Building Codes, FAA and Zoning Ordinances.

c. Copies of the “Certificate of Inspection(s)” and warranty certificates shall be provided to the Facility Manager prior to submitting invoices for payment.

d. Work shall be performed between the hours of 7:30 a.m. and 3:30 p.m., Monday through Friday. There shall be no work performed on weekends or Federal Holidays. A 24 hour notice is required prior to scheduling work.

6.0 Project Execution

Work shall be performed between the hours of 7:30 a.m. and 3:30 p.m., Monday through Friday. Any work required to be performed outside of this schedule must be pre‐approved and coordinated with the

Contracting Officer’s Representative. There shall be no work performed on weekends or Federal

Holidays.

7.0 Contracting Officer’s Representative

The Contracting Officer will designate a Contracting Officer’s Representative (COR) at the time of award.

The COR will be the contractor’s local Government contact for contracts awarded against this requirement and will be designated and authorized in writing by the Contracting Officer to perform specific technical or administrative functions. The designation (delegation of authority) shall be provided in writing to the COR and the contractor. The delegation of authority shall clearly explain the COR role and responsibility on the contract, and limitations of authority.

8.0 Ordering

This is an Indefinite‐Delivery Indefinite‐Quantity (IDIQ) type contract. All work will be ordered through the issuance of individual task orders as the requirements of the Government are defined. Task order prices will be in accordance with the fixed rates established in the Pricing Schedule.

Contract and Task Order minimums and maximums are addressed in the following clauses: 52.216‐19 “Ordering Limitations” and 452.216‐73 “Minimum and Maximum Contract Amounts”. The line item quantities are not intended to convey either a minimum or maximum quantity that will be ordered by the Government. The ultimate contract price for any given ordering period will be the sum of the task orders issued during that period.

When repairs are necessary, the Contracting Officer will request a firm‐fixed‐price quote. The quote shall include total labor hours proposed and a detailed price breakdown of materials/parts required for the repair. Prices for labor shall be at the hourly rates specified in the contract. The Repair Labor Rates include wages, overhead, general and administrative expenses, and profit.

Prices for materials shall be consistent with best prices offered to most favored customers and as agreed upon by both parties. Quotes will be evaluated prior to issuing a task order for performing the repair.

9.0 Applicable Wage Decisions for Repairs

This contract is primarily for monthly water testing and semi‐annual service and minor maintenance repairs, and also requires a segregable amount construction work. The prevailing wage rates established under the Service Contract Act (SCA) apply to the majority of the work required under this contract, including monthly water testing, semi‐annual service, and minor maintenance repairs.

Repairs to the water treatment system valued in excess of $2,000 for labor and materials are subject to Wage Rate Requirements (Construction), formerly known as the Davis‐Bacon Act.

Applicable wage decisions are incorporated in full text as an attachment. The Pricing Schedule includes separate contract line items to identify the applicable wage decision.

“Repair Labor Rate subject to Service Contract Act” and “Repair Labor Rate subject to Wage Rate Requirements (Construction)”

If an option is exercised, updated wage decisions will be incorporated into the contract in accordance with 52.222‐43 “Fair Labor Standards Act and Service Contract Labor Standards – Price Adjustment

(Multiple Year and Option Contracts)” and 52.222‐30 Construction Wage Rate Requirements – Price Adjustment (None or Separately Specified Method)”

In the event that it is impracticable to segregate an employee’s work, the wage classification (and rate) resulting in the highest rate of pay/fringe benefits to that employee will apply.

Applicable Wage Decisions:

WD TX170305

WD 2015‐5245 (Rev 1)

10.0 Period of Performance

This contract includes a base period of one year and three option years. The option years may be unilaterally exercised by the Government in accordance with clause 52.217‐9, Option to Extend the Term of the contract. Services are anticipated to begin September 2017.

11.0 Payment

Payment will be made upon completion and acceptance of work. The payment provided for in the contract shall constitute full compensation for furnishing all materials, equipment and labor and performing all work under the contract in a complete and acceptable manner. The contract work shall include providing equipment, tools, supplies, labor, supervision, incidental materials, quality control, environmental protection, meeting safety requirements, transportation, and for performing all work required. Compensation for all work shown, specified, or essential to completion of the project (whether or not the specific material or operation is indicated) shall be included in the total price. The payment provided for in the contract includes compensation for all risk, loss, damage, and expense arising out of the nature of the work or its prosecution, subject to the conditions of the contract.

2.0 CLAUSES

The following clauses are incorporated by reference:

52.203‐3 GRATUITIES (APR 1984)

52.204‐18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (JUL 2016)

52.212‐4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (JAN 2017)

52.232‐40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013)

52.232‐2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND

CONSTRUCTION CONTRACTS (SEP 2013)

52.252‐2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

(End of clause)

The following clauses are incorporated by full text:

52.212‐4 ADDENDUM (Attached. See pages 24 - 29.)

52.212‐5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE

ORDERS ‐‐ COMMERCIAL ITEMS (JAN 2017)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203‐19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act 2015 (Pub. L. 113‐235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.209‐10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(3) 52.233‐3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(4) 52.233‐4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108‐77, 108‐ 78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

X___ (1) 52.203‐6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

___ (2) 52.203‐13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

___ (3) 52.203‐15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111‐5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

X___ (4) 52.204‐10, Reporting Executive compensation and First‐Tier Subcontract Awards (Oct 2016) (Pub. L. 109‐282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204‐14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111‐117, section 743 of Div. C).

___ (7) 52.204‐15, Service Contract Reporting Requirements for Indefinite‐Delivery Contracts (Oct 2016) (Pub. L. 111‐117, section 743 of Div. C).

X___ (8) 52.209‐6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).

___ (9) 52.209‐9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

___ (10) [Reserved]

___ (11) (i) 52.219‐3, Notice of HUBZone Set‐Aside or Sole‐Source Award (Nov 2011) (15 U.S.C.

657a).

___ (ii) Alternate I (Nov 2011) of 52.219‐3.

___ (12) (i) 52.219‐4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (ii) Alternate I (Jan 2011) of 52.219‐4.

___ (13) [Reserved]

X___ (14) (i) 52.219‐6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (15) (i) 52.219‐7, Notice of Partial Small Business Set‐Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219‐7.

___ (iii) Alternate II (Mar 2004) of 52.219‐7.

X___ (16) 52.219‐8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

___ (17) (i) 52.219‐9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637 (d)(4)).

___ (ii) Alternate I (Nov 2016) of 52.219‐9.

___ (iii) Alternate II (Nov 2016) of 52.219‐9.

___ (iv) Alternate III (Nov 2016) of 52.219‐9.

___ (v) Alternate IV (Nov 2016) of 52.219‐9.

___ (18) 52.219‐13, Notice of Set‐Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

X___ (19) 52.219‐14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

___ (20) 52.219‐16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

___ (21) 52.219‐27, Notice of Service‐Disabled Veteran‐Owned Small Business Set‐Aside (Nov 2011) (15 U.S.C. 657f).

X___ (22) 52.219‐28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C.

632(a)(2)).

___ (23) 52.219‐29, Notice of Set‐Aside for, or Sole Source Award to, Economically Disadvantaged Women‐Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

___ (24) 52.219‐30, Notice of Set‐Aside for, or Sole Source Award to, Women‐Owned Small Business Concerns Eligible Under the Women‐Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

X___ (25) 52.222‐3, Convict Labor (June 2003) (E.O. 11755).

X___ (26) 52.222‐19, Child Labor—Cooperation with Authorities and Remedies (Oct 2016) (E.O.

13126).

X___ (27) 52.222‐21, Prohibition of Segregated Facilities (Apr 2015).

X___ (28) 52.222‐26, Equal Opportunity (Sep 2016) (E.O. 11246).

X___ (29) 52.222‐35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

X___ (30) 52.222‐36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

X___ (31) 52.222‐37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

___ (32) 52.222‐40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

X___ (33) (i) 52.222‐50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

___ (ii) Alternate I (Mar 2015) of 52.222‐50, (22 U.S.C. chapter 78 and E.O. 13627).

X___ (34) 52.222‐54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off‐the‐shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (35) 52.222‐59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016). (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (b)(35): By a court order issued on October 24, 2016, 52.222‐59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

___ (36) 52.222‐60, Paycheck Transparency (Executive Order 13673) (Oct 2016).

___ (37) (i) 52.223‐9, Estimate of Percentage of Recovered Material Content for EPA‐Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off‐the‐shelf items.)

___ (ii) Alternate I (May 2008) of 52.223‐9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off‐the‐shelf items.)

X___ (38) 52.223‐11, Ozone‐Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.13693).

___ (39) 52.223‐12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

___ (40) (i) 52.223‐13, Acquisition of EPEAT® ‐Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514

___ (ii) Alternate I (Oct 2015) of 52.223‐13.

___ (41) (i) 52.223‐14, Acquisition of EPEAT® ‐Registered Television (Jun 2014) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223‐14.

___ (42) 52.223‐15, Energy Efficiency in Energy‐Consuming Products (Dec 2007) (42 U.S.C.

8259b).

___ (43) (i) 52.223‐16, Acquisition of EPEAT® ‐Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223‐16.

X___ (44) 52.223‐18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

___ (45) 52.223‐20, Aerosols (Jun 2016) (E.O. 13693).

___ (46) 52.223‐21, Foams (Jun 2016) (E.O. 13696).

___ (47) (i) 52.224‐3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

___ (ii) Alternate I (Jan 2017) of 52.224‐3.

X___ (48) 52.225‐1, Buy American‐‐Supplies (May 2014) (41 U.S.C. chapter 83).

___ (49) (i) 52.225‐3, Buy American‐‐Free Trade Agreements‐‐Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103‐182, 108‐77, 108‐78, 108‐286, 108‐302, 109‐53, 109‐169, 109‐283, 110‐138, 112‐41, 112‐42, and 112‐43).

___ (ii) Alternate I (May 2014) of 52.225‐3.

___ (iii) Alternate II (May 2014) of 52.225‐3.

___ (iv) Alternate III (May 2014) of 52.225‐3.

___ (50) 52.225‐5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X___ (51) 52.225‐13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (52) 52.225‐26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

___ (53) 52.226‐4, Notice of Disaster or Emergency Area Set‐Aside (Nov 2007) (42 U.S.C. 5150).

___ (54) 52.226‐5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (55) 52.232‐29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.

4505), 10 U.S.C. 2307(f)).

___ (56) 52.232‐30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

X___ (57) 52.232‐33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (58) 52.232‐34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (59) 52.232‐36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (60) 52.239‐1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (61) 52.242‐5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(12)).

___ (62) (i) 52.247‐64, Preference for Privately Owned U.S.‐Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

___ (ii) Alternate I (Apr 2003) of 52.247‐64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

___ (1) 52.222‐17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495)

X___ (2) 52.222‐41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).

X___ (3) 52.222‐42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

X___ (4) 52.222‐43, Fair Labor Standards Act and Service Contract Labor Standards ‐‐ Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C.

chapter 67).

___ (5) 52.222‐44, Fair Labor Standards Act and Service Contract Labor Standards ‐‐ Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (6) 52.222‐51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment‐‐Requirements (May 2014) (41 U.S.C. chapter 67).

___ (7) 52.222‐53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services‐‐Requirements (May 2014) (41 U.S.C. chapter 67).

X___ (8) 52.222‐55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

X___ (9) 52.222‐62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

___ (10) 52.226‐6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).

___ (11) 52.237‐11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215‐2, Audit and Records ‐‐ Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203‐13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C.

3509).

(ii) 52.203‐19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113‐235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.219‐8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219‐8 in lower tier subcontracts that offer subcontracting opportunities.

(iv) 52.222‐17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222‐17.

(v) 52.222‐21, Prohibition of Segregated Facilities (Apr 2015).

(vi) 52.222‐26, Equal Opportunity (Sep 2016) (E.O. 11246).

(vii) 52.222‐35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(viii) 52.222‐36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.

793).

(ix) 52.222‐37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

(x) 52.222‐40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222‐40.

(xi) 52.222‐41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

(xii) (A) 52.222‐50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

(B) Alternate I (Mar 2015) of 52.222‐50 (22 U.S.C. chapter 78 E.O. 13627).

(xiii) 52.222‐51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment‐‐Requirements (May 2014) (41 U.S.C. chapter 67.)

(xiv) 52.222‐53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services‐‐Requirements (May 2014) (41 U.S.C. chapter 67)

(xv) 52.222‐54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

(xvi) 52.222‐55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xvii) 52.222‐59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016) (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (e)(1)(xvii): By a court order issued on October 24, 2016, 52.222‐59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

(xviii) 52.222‐60, Paycheck Transparency (Executive Order 13673) (Oct 2016).

(xix) 52.222‐62, Paid sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(xx) (A) 52.224‐3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224‐3.

(xxi) 52.225‐26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxii) 52.226‐6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226‐6.

(xxiii) 52.247‐64, Preference for Privately‐Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247‐64.

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

(End of Clause)

52.216‐18 ORDERING (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from the date of award through the date of expiration. The term of the base year shall be from the date of award of the contract through 12 months. The Government has the option to extend the term of this contract for three additional periods (Options 1 ‐ 3).

The Contracting Officer may exercise an option period by written notice to the Contractor in accordance with clause 52.217‐9, Option to Extend the Term of the Contract.

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

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

(End of Clause)

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 $100.00 the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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

1) Any order for a single item in excess of $50,000.00

2) Any order for a combination of items in excess of $50,000.00

3) A series of orders from the same ordering office within seven (7) business days that together call forquantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216‐21 of theFederal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum‐order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within two (2) business days after issuance, with written notice stating the Contractor’s intent not to perform the services called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

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 in accordance with 52.217‐9, Option to Extend the Term of the Contract.

(End of Clause)

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 15 days of the end of the contract period of performance before the contract expires.

(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 4.5 years.

(End of Clause)

52.237‐2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION. (APR 1984) The Contractor shall use reasonable care to avoid damaging existing buildings, equipment, and vegetation on the Government installation. If the Contractor’s failure to use reasonable care causes damage to any of this property, the Contractor shall replace or repair the damage at no expense to the Government as the Contracting Officer directs. If the Contractor fails or refuses to make such repair or replacement, the Contractor shall be liable for the cost, which may be deducted from the contract price.

(End of Clause)

452.216‐73 MINIMUM AND MAXIMUM CONTRACT AMOUNTS (FEB 1988)

During the base period specified in FAR clause 52.216‐18, Ordering, the Government shall place orders totaling a minimum of $15,000. Task Orders will not exceed a cumulative maximum of $200,000 from date of award through date of contract expiration.

(End of Clause)

AGAR 452.228‐71 INSURANCE COVERAGE (NOV 1996)

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

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

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

(c) Automobile Liability. The Contractor shall have automobile liability insurance written on a comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and 500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage or loss.

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

Coverage for passenger injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

52.212‐4 ADDENDUM

This contract is primarily for monthly water testing and semi‐annual service and minor maintenance repairs, and also includes a segregable amount construction work.

The following clauses and provisions are applicable to repairs valued in excess of $2,000.

CLAUSES INCORPORATED BY REFERENCE:

52.222‐6 CONSTRUCTION WAGE RATE REQUIREMENTS (MAY 2014)

52.222‐7 WITHOLDING 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 DAVIS‐BACON AND RELATED ACT REGULATIONS (MAY 2014)

52.222‐14 DISPUTES CONCERNING LABOR STANDARDS (FEB 1998)

52.222‐15 CERTIFICATION OF ELIGIBILITY (MAY 2014)

52.222‐27 AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR CONSTRUCTION (APR 2015)

52.236‐2 DIFFERING SITE CONDITIONS (APR 1984)

52.236‐3 SITE INVESTIGATION AND CONDITIONS AFFECTIN 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)

52.236‐12 CLEANING UP (APR 1984)

52.236‐13 ACCIDENT PREVENTION (NOV 1991)

52.236‐21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (FEB 1997)

52.242‐14 SUSPENSION OF WORK (APR 1984)

52.243‐4 CHANGES (JUN 2007)

52.244‐6 SUBCONTRACTS FOR COMMERCIAL ITEMS (FEB 2016)

52.246‐13 INSPECTION – DISMANTLING, DEMOLITION, OR REMOVAL OF IMPROVEMENTS (AUG

1996)

52.246‐21 WARRANTY OF CONSTRUCTION (MAR 1994)

CLAUSES BY FULL TEXT:

52.225‐9 BUY AMERICAN – CONSTRUCTION MATERIALS (MAY 2014)

(a) Definitions. As used in this clause—

“Commercially available off‐the‐shelf (COTS) item”—

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

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

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

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

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

“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.