AOCACB21R0004 (final).pdf

SOLICITATION,OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

AOCACB21R0004 SEALED BID (IFB)

X NEGOTIATED (RFP)

2. TYPE OF SOLICITATION 3. DATE ISSUED

01/15/2021

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

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

PPA2100

CODE 9901

Architect of the Capitol Acquisition and Material Management Division Ford House Building Room H2-263 2nd and D Streets SW Washington, DC 20515

7. ISSUED BY

Architect of the Capitol Acquisition and Material Management Division Ford House Building Room H2-263 2nd and D Streets SW Washington, DC 20515

8. ADDRESS OFFER TO

9. FOR INFORMATION

CALL:

a. NAME Darwin Thomas Jr

b. TELEPHONE NO. (Include area code)(NO COLLECT CALLS) 202-227-7234

SOLICITATION

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

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

A. The indefinite-delivery indefinite-quantity (IDIQ) construction acquisition based on a general statement of work further defined with individual task orders. Work to be performed under the IDIQ include a variety of projects including, but not limited to, waste disposal, transportation, management, quality control, independent safety, and incidentals to provide discrete repairs on the walls, ceilings, and floors and tunnel improvements in the infrastructures within the purview of the Capitol Power Plant.

B. This is a Full and Open, competitive acquisition. The government intends to award one (1) responsive, responsible offeror.

C. Guaranteed contract minimum is $1,000.00. The total aggregate maximum amount expendable under the entire IDIQ is $15,000,000. See 52.216-19 Order Limitations (Oct 1995) for individual Task Order limits.

D. Contract performance is for seven (7) years.

E. See page 39 of the SF 1442 for the List of Attachments. Following award, Sections K, L and M will be physically removed from the award, but will be deemed to be incorporated by reference in the award.

F. Wage Determinations: All Davis Bacon wage rates will be specific to each subsequent task order under this contract. The current Davis Bacon wage rates per Attachment D.

11. The Contractor shall begin performance calendar days and complete it within calendar days after receiving15 365

X award, notice to proceed. This performance period is mandatory negotiable. (See __________________________.)

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS? (If "YES," indicate within how many calendar days after award in Item 12b).

YES X NO

12b. CALENDAR DAYS

Sealed offers in original and copies to perform the work required are due at the place specified in item 8 by (hour)1 17:00a.

local time 02/09/2021 (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.

b. An offer guarantee is, X is not required.

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.c.

224d. Offers providing less than calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

13. ADDITIONAL SOLICITATION REQUIREMENTS:

NSN 7540-01-155-3212 STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA - FAR (48 CFR) 53.236-1(d)

Document Number: AOCACB21R0004 Page 1 of 62

OFFER (Must be fully completed by offeror)

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

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.)

17.

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

(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

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

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

26. ADMINISTERED BY 9901

Architect of the Capitol Acquisition and Material Management Division Ford House Building Room H2-263 2nd and D Streets SW Washington, DC 20515

Internet Payment Platform (IPP) Philip Spuler Approver www.ipp.gov Washington, DC 20515

27. PAYMENT WILL BE MADE BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return __________ copies to issuing office) 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, certifications, and specifications incorporated by reference in or attached to this contract.

29. AWARD (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)

Darwin Thomas Jr.

31a. NAME OF CONTRACTING OFFICER (Type or print)

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

BY

31c. DATE

STANDARD FORM 1442 (REV. 4-85)BACK

Document Number: AOCACB21R0004 Page 2 of 62

Table of Contents

Section Description Page Number

B Supplies or Services and Prices/Costs AOC52.232-13 Availability of Funds under a Continuing Resolution (Dec 2006)

E Inspection and Acceptance 52.246-12 Inspection of Construction (Aug 1996) 52.246-13 Inspection-Dismantling, Demolition, or Removal of Improvements (Aug 1996)

G Contract Administration Data AOC52.201-1 Contracting Officers Authority (Jun 2004) AOC52.201-2 Contracting Officers Technical Representative (COTR) (Mar 2005) AOC52.204-6 Capitol Complex Conditions Affecting Contractor Operations (May 2008) AOC52.211-1 Key Personnel (April 2017) AOC52.211-2 Approval of Substitute Contractor Personnel (Jun 2004) AOC52.211-5 Commencement, Prosecution and Completion of Work (Mar 2007) AOC52.222-2 Supplemental Wage Determination/rate Request (Sep 2004) AOC52.223-5 Special Security Requirements (Feb 2010) AOC52.223-8 Delivery Vehicle Inspection Requirements (November 2018) AOC52.236-11 Submittals (Jun 2004) AOC52.236-17 Design-Build Contractor's Construction Management Role During Design (Jul 2008)10 AOC52.242-2 Contractor Performance Evaluations (Dec 2006)

H Special Contract Requirements AOC52.229-1 Exclusion of DC Sales and Use Tax on Construction Projects (April 2016)

I Contract Clauses 52.252-2 Clauses Incorporated by Reference (Feb 1998) 52.202-1 Definitions (Jun 2020) 52.203-5 Covenant Against Contingent Fees (May 2014) 52.203-7 Anti-Kickback Procedures (Jun 2020) 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Jun 2020) 52.211-13 Time Extensions (Sept 2000) 52.222-4 Contract Work Hours and Safety Standards--Overtime Compensation (May 2018) 52.222-7 Withholding of Funds (May 2014) 52.222-8 Payrolls and Basic Records (Aug 2018) 52.222-9 Apprentices and Trainees (July 2005) 52.222-10 Compliance with Copeland Act Requirements (Feb 1988) 52.222-11 Subcontracts (Labor Standards) (May 2014) 52.222-12 Contract Termination - Debarment (May 2014) 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations (May 2014) 52.222-14 Disputes Concerning Labor Standards (Feb 1988) 52.222-15 Certification of Eligibility (May 2014) 52.222-21 Prohibition of Segregated Facilities (Apr 2015) 52.222-26 Equal Opportunity (Sept 2016) 52.222-27 Affirmative Action Compliance Requirements for Construction (Apr 2015) 52.222-35 Equal Opportunity for Veterans (Jun 2020) 52.222-36 Equal Opportunity for Workers with Disabilities (Jun 2020) 52.222-37 Employment Reports on Veterans (Jun 2020) 52.222-50 Combating Trafficking in Persons (Jan 2019) 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (Sep 2013) 52.223-6 Drug-Free Workplace (May 2001) 52.223-15 Energy Efficiency in Energy-Consuming Products (May 2020) 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts (Aug 2018) 52.225-13 Restrictions on Certain Foreign Purchases (June 2008) 52.227-1 Authorization and Consent (Jun 2020) 52.227-4 Patent Indemnity-Construction Contracts (Dec 2007) 52.227-14 Rights in Data-General (May 2014) 52.228-2 Additional Bond Security (Oct 1997) 52.228-12 Prospective Subcontractor Requests for Bonds (May 2014) 52.228-14 Irrevocable Letter of Credit (Nov 2014) 52.229-3 Federal, State and Local Taxes (Feb 2013) 52.232-18 Availability of Funds (Apr 1984)

Document Number: AOCACB21R0004 Page 3 of 62

52.232-23 Assignment of Claims (May 2014) 52.233-3 Protest after Award (Aug 1996) 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004) 52.236-2 Differing Site Conditions (Apr 1984) 52.236-3 Site Investigation and Conditions Affecting the Work (Apr 1984) 52.236-5 Material and Workmanship (Apr 1984) 52.236-6 Superintendence by the Contractor (Apr 1984) 52.236-7 Permits and Responsibilities (Nov 1991) 52.236-8 Other Contracts (Apr 1984) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (Apr 1984) 52.236-10 Operations and Storage Areas (Apr 1984) 52.236-11 Use and Possession Prior to Completion (Apr 1984) 52.236-12 Cleaning Up (Apr 1984) 52.236-13 Accident Prevention (Nov 1991) 52.236-15 Schedules for Construction Contracts (Apr 1984) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (Apr 1984) 52.239-1 Privacy or Security Safeguards (Aug 1996) 52.242-13 Bankruptcy (July 1995) 52.243-4 Changes (June 2007) 52.243-6 Change Order Accounting (Apr 1984) 52.245-1 Alt I Government Property (Jan 2017) - Alternate I (Apr 2012) 52.246-21 Warranty of Construction (Mar 1994) 52.246-23 Limitation of Liability (Feb 1997) 52.249-1 Alt I Termination for Convenience of the Government (Fixed-Price) (Short Form) (Apr 1984)

- Alternate I (Apr 1984) 52.249-10 Default (Fixed-Price Construction) (Apr 1984) 52.253-1 Computer Generated Forms (Jan 1991) 52.211-12 Liquidated Damages-Construction (Sept 2000) 52.216-18 Ordering (Aug 2020) 52.216-19 Order Limitations (Oct 1995) 52.216-20 Definite Quantity (Oct 1995) 52.216-22 Indefinite Quantity (Oct 1995) 52.217-8 Option to Extend Services (Nov 1999) 52.217-9 Option to Extend the Term of the Contract (Mar 2000) 52.223-3 Alt I Hazardous Material Identification and Material Safety Data (Jan 1997) - Alternate I (July 1995) 52.225-9 Buy American-Construction Materials (May 2014) 52.236-1 Performance of Work by the Contractor (Apr 1984) 52.236-4 Physical Data (Apr 1984) 52.243-7 Notification of Changes (Jan 2017) 52.248-3 Value Engineering-Construction (Oct 2015) AOC52.202-1 Definitions (Jun 2004) AOC52.202-2 Definitions - Construction (Jun 2004) AOC52.203-1 Advertising/Promotional Materials (Dec 2005) AOC52.203-2 Disclosure of Information to the General Public (Jun 2004) AOC52.203-3 Officials Not to Benefit (Nov 2004) AOC52.203-4 Dissemination of Contract Information (July 2010) AOC52.203-5 Confidentiality Requirement (Nov 2004) AOC52.204-1 Printed or Copied Double-sided on Recycled Paper (Jun 2004) AOC52.204-4 Personal Identity Verification of Contractor Personnel (December 2012) AOC52.204-5 System for Award Management (SAM) (February 2016) AOC52.204-7 Executive Orders not Applicable to the AOC (February 2018) AOC52.207-1 Right of First Refusal of Employment (Jun 2004) AOC52.209-2 Restrictions and Disclosures of Organizational and Personal Conflicts of Interest (Oct 2008) AOC52.211-3 Deficiencies in Contract Documents (Jun 2004) AOC52.215-10 Examination of Records (July 2014) AOC52.215-11 Examination of Costs (July 2010) AOC52.216-6 Undefinitized Contract Actions (Mar 2005) AOC52.219-1 Utilization of Small Business Concerns (Aug 2004) AOC52.222-1 Overtime Work - Construction (Aug 2004) AOC52.222-3 Convict Labor (Jun 2004) AOC52.222-4 Overtime Work (Aug 2004) AOC52.222-5 Collective Bargaining Agreements (Jun 2004)

Document Number: AOCACB21R0004 Page 4 of 62

AOC52.222-7 Workmen's Compensation Laws (Jun 2004) AOC52.223-1 Hazardous Material Identification and Material Safety Data - Supplement (Jun 2005) .28 AOC52.223-3 Security Markings (March 2017) AOC52.223-4 Transmission or Posting of Drawings/Specifications (Jun 2004) AOC52.223-10 Use of Radiography or other Nuclear Regulatory Commission Licensed Devices and Notice of Radioactive Materials (August 2011) AOC52.228-2 Insurance - Work on a Government Installation (June 2018) AOC52.228-3 Professional Liability Insurance (Nov 2004) AOC52.233-1 Disputes (Mar 2008) AOC52.233-2 Waiver and Release of Claims (February 2015) AOC52.233-3 AOC52.233-3 Limitation on Damages for Government Delay (June 2014) AOC52.236-1 Access to Work (Jun 2004) AOC52.236-2 Other Contracts and Work (Jun 2004) AOC52.236-3 Accident Prevention and Safety and Health Programs - Construction (Sep 2004) AOC52.236-4 Cutting and Patching (Jun 2004) AOC52.236-5 Cleaning and Restoring (Jun 2004) AOC52.236-6 Archeological or Historic Sites (AoC) (May 2005) AOC52.236-7 Specifications and Drawings for Design-Build Contracts (Jul 2008) AOC52.236-8 Scheduling of Work (Aug 2004) AOC52.236-9 Schedule of Values (Jun 2004) AOC52.236-10 Specifications and Drawings for Construction (Feb 2019) AOC52.236-12 Product Data and Samples (Jun 2004) AOC52.236-14 National and Local Codes (Nov 2004) AOC52.236-15 Responsibility of the Contractor for Design in Design-Build Contracts (Jul 2008) AOC52.236-16 Sequence of Design and Construction in Design-Build Contracts (Jul 2008) AOC52.239-1 Protection of AOC Information Technology Systems (March 2018) AOC52.242-3 Suspension of Work (May 2014) AOC52.244-1 Award of Subcontracts and Other Contracts for Portions of the Work (Sep 2005) AOC52.245-1 Inventory Control and Indemnification of Property (Jun 2004) AOC52.245-2 Government-Furnished Property (July 2013) AOC52.249-14 Excusable Delays (August 2018)

J List of Attachments Section J - List of Attachments

K Representations, Certifications and Other Statements of Offerors or Respondents 52.203-2 Certificate Of Independent Price Determination (Apr 1985) 52.204-3 Taxpayer Identification (Oct 1998) 52.209-5 Certification Regarding Responsibility Matters (Aug 2020) 52.223-1 Biobased Product Certification (May 2012) 52.222-22 Previous Contracts and Compliance Reports (Feb 1999) AOC52.204-2 Data Universal Numbering System (Duns) Number (February 2016) AOC52.204-3 Representations and Certifications (Nov 2004) AOC52.209-1 Organizational and Personal Conflicts of Interest (Apr 2010) AOC52.209-3 Company Principals (Oct 2008) AOC52.215-8 Authorized Negotiators (Jun 2004) AOC52.219-2 AOC52.219-2 Small Business Representations and Certifications (Sep 2008)

L Instructions, Conditions and Notices to Offerors or Respondents 52.215-1 Alt I Instructions to Offerors-Competitive Acquisition (Jan 2017) - Alternate I (Oct 1997)..42 52.216-27 Single or Multiple Awards (Oct 1995) 52.225-10 Notice of Buy American Requirement-Construction Materials (May 2014) 52.216-1 Type of Contract (Apr 1984) AOC52.206-1 Procurement Authority for the Architect of the Capitol (Sep 2007) AOC52.215-12 Joint Venture Offeror Requirements (May 2010) AOC52.216-3 Indefinite Delivery Contract Awards (Aug 2006) AOC52.232-14 Submission of Electronic Funds Transfer Information (March 2012) AOC52.233-5 AOC52.233-5 Service of Protest (July 2010) AOC52.236-13 Visit to the Site of the Work - Construction (Jun 2004)

M Evaluation Factors for Award 52.217-5 Evaluation of Options (July 1990) AOC52.215-5 Contract Award - Source Selection Procedures (Jun 2004)

Document Number: AOCACB21R0004 Page 5 of 62

Section B - Supplies or Services and Prices/Costs

Number Supplies or Services Quantity Unit Unit Price Total ( Inc. disc., tax, and fees)

1 Base Year - IDIQ Contract 1.000000 SERVICE

Period of Performance: 06/01/2021 - 05/31/2022

Description: Furnish all labor, materials, supplies, equipment, temporary facilities, waste disposal, software, transportation, management, quality control, independent safety, and incidentals to provide discrete repairs on the walls, ceilings, and floors and tunnels.

2 Option Year 1 IDIQ Contract 1.000000 SERVICE

Period of Performance: 06/01/2022 - 05/31/2023

Description: Furnish all labor, materials, supplies, equipment, temporary facilities, waste disposal, software, transportation, management, quality control, independent safety, and incidentals to provide discrete repairs on the walls, ceilings, and floors and tunnels.

3 Option Year 2 IDIQ Contract 1.000000 SERVICE

Period of Performance: 06/01/2023 - 05/31/2024

Description: Furnish all labor, materials, supplies, equipment, temporary facilities, waste disposal, software, transportation, management, quality control, independent safety, and incidentals to provide discrete repairs on the walls, ceilings, and floors and tunnels.

4 Option Year 3 IDIQ Contract 1.000000 SERVICE

Period of Performance: 06/01/2024 - 05/31/2025

Description: Furnish all labor, materials, supplies, equipment, temporary facilities, waste disposal, software, transportation, management, quality control, independent safety, and incidentals to provide discrete repairs on the walls, ceilings, and floors and tunnels.

5 Option Year 4 IDIQ Contract 1.000000 SERVICE

Period of Performance: 06/01/2025 - 05/31/2026

Description: Furnish all labor, materials, supplies, equipment, temporary facilities, waste disposal, software, transportation, management, quality control, independent safety, and incidentals to provide discrete repairs on the walls, ceilings, and floors and tunnels.

6 Option Year 5 IDIQ Contract 1.000000 SERVICE

Period of Performance: 06/01/2026 - 05/31/2027

Description: Furnish all labor, materials, supplies, equipment, temporary facilities, waste disposal, software, transportation, management, quality control, independent safety, and incidentals to provide discrete repairs on the walls, ceilings, and floors and tunnels.

7 Option Year 6 IDIQ Contract 0.000000 SERVICE

Period of Performance: 06/01/2027 - 05/31/2028

Description: Furnish all labor, materials, supplies, equipment, temporary facilities, waste disposal, software, transportation, management, quality control, independent safety, and incidentals to provide discrete repairs on the walls, ceilings, and floors and tunnels.

AOC52.232-13 Availability of Funds under a Continuing Resolution (Dec 2006)

In accordance with the provisions of Public Law 116-159 (10/01/2020) providing for a continuing resolution which appropriated funding for the Architect of the Capitol through December 11, 2020, $1,000.00 is obligated to cover the price of performing the ser-vices called for herein through the expiration of the continuing resolution. Although it is anticipated that funding for the remainder of the current fiscal year will be provided at a later date, the Government is not obligated to pay for such services beyond the date stipu-lated in the continuing resolution until additional funds are made available.

(End of clause)

Section E - Inspection and Acceptance

Clause Title Fill-ins

52.246-12 Inspection of Construction (Aug 1996)

Document Number: AOCACB21R0004 Page 6 of 62

Clause Title Fill-ins

52.246-13 Inspection-Dismantling, Demolition, or Removal of Improvements (Aug

1996)

Section G - Contract Administration Data

AOC52.201-1 Contracting Officers Authority (Jun 2004)

The Contracting Officer is the only person authorized to make or approve any changes in any of the requirements of this contract, not-withstanding any provision contained elsewhere in this contract. In the event that the Contractor makes any change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof.

(End of clause)

AOC52.201-2 Contracting Officers Technical Representative (COTR) (Mar 2005)

The Government shall provide the name, address and telephone number of the COTR at the time of contract award and the duties thereby delegated to that person. Any subsequent change to the individual or the individual s responsibilities will be confirmed in writing by the Contracting Officer. In no instance will the COTR be delegated authority to order any change in the contractor s per-formance which would affect (a) cost or schedule for contracts for services or supplies, or (b) scope, the completion date for interme-diate phases or milestones, or overall completion date for contracts for construction.

(End of clause)

AOC52.204-6 Capitol Complex Conditions Affecting Contractor Operations (May 2008)

Capitol Complex operations are, at irregular and unanticipated times, interrupted due to events that can occur on the Capitol Complex, e.g., funerals that utilize the Rotunda, closure of Congressional buildings due to unusual activities, etc. These events can impact AOC contractor operations. Any AOC contractor that becomes aware of an event that may affect its operations on the Capitol Complex may go to www.aoc.gov/business/contractors to receive current information of the operational status of the Capitol Complex. Before ceasing or limiting its operations, the Contractor must obtain written approval from the Contracting Officer.

(End of clause)

AOC52.211-1 Key Personnel (April 2017) (DEVIATION)

(a) The Contractor shall assign to this contract the following key personnel as proposed in the Contractor's technical proposal:

Name:

Title: Project Manager Telephone No.:

Name:

Title: Superintendent Telephone No.:

Name:

Title: Quality Control Manager Telephone No.:

Name:

Title: Safety Officer Telephone No.:

(b) At any time during performance of the contract, the AOC reserves the right to require the contractor to remove a Key Person-nel individual and demand a substitution in accordance with the pertinent provisions of Paragraph (d) below.

(c) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitu-tion is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 cal-endar days after the occurrence of any of these events and provide the information required by Paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by Paragraph (c) to the Contracting Officer at least 15 calendar days prior to making any permanent substitutions.

(d) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete re-sumes for the proposed substitutions, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the person being replaced. The Contracting Officer will notify the Contractor with-in 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

(e) The approval of substitute personnel will not be considered to be grounds for an increase in the contract price.

(f) The special security requirements in AOC52.223-5, Special Security Requirements, or AOC52.223-6, Special Security Require-ments - U.S. Supreme Court, shall apply to all approved Contractor personnel substitutions.

(End of clause)

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AOC52.211-2 Approval of Substitute Contractor Personnel (Jun 2004)

(a) [During the first ninety days of performance], the Contractor shall make no substitutions of personnel unless the substitution is ne-cessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (b) below. [After the initial 90-day period], the Contractor shall submit the information required by paragraph (b) to the Contracting Officer at least 15 calendar days pri-or to making any permanent substitutions.

(b) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete re-sumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the person being replaced.

(c) This paragraph applies only to a labor hour or time-and-materials contract. The Unit Price (hourly labor rate) for the approved substituted personnel shall remain the same as the rates of the relevant labor category, in the applicable Base Year or any of the sub-sequent Option Years (see the SCHEDULE OF ITEMS in Section B).

(d) The special security requirements in AOC52.223-5, Special Security Requirements, or AOC52.223-6, Special Security Require-ments - U.S. Supreme Court, shall apply to all approved Contractor personnel substitutions.

(End of clause)

AOC52.211-5 Commencement, Prosecution and Completion of Work (Mar 2007) (DEVIATION)

(a) All work to be performed under this contract shall be completed within 365 calendar days from issuance of the Notice to Proceed.

No work under this contract shall be performed on Saturdays, Sundays or Federal holidays and, for work performed in the District of Columbia, Presidential Inauguration Day, except with prior approval of the Contracting Officer.

(b) Time for completion of the contract work will be adjusted only in accordance with applicable clauses, e.g., Differing Site Condi-tions, Changes, Changes - Supplement , Suspension of Work, or other clauses, as appropriate.

(End of clause)

AOC52.222-2 Supplemental Wage Determination/rate Request (Sep 2004)

(a) The wage determination or rate, hereby incorporated, does not include the classification, [Elevator Mechanics]. the Contracting Of-ficer submitted a request for a wage determination or rate to the U.S. Department of Labor, for a decision pertinent to the wage de-termination or rate applicable to the class of employee utilized in the work herein specified. As of the date of issue of this solicitation, such wage determination or rate has not been received by the Contracting Officer. Upon receipt, a copy of the Department of Labor s action will be forwarded to the contractor by the Contracting Officer.

(b) In the event that a wage determination or rate is not forthcoming from the Department of Labor prior to the opening of offers, each offeror agrees, by signing and submitting its offer, to be bound to compliance with the pertinent wage determination or rate of the De-partment of Labor, as eventually promulgated.

(c) If the action from Department of Labor results in a modification that is an increase to the wage and fringe benefit payments but shall not otherwise include any amount for general and administrative costs, overhead, or profit. The contractor also warrants that the price in this contract does not include any allowance for contingency to cover increased costs for which the adjustment is provided un-der a modification. In addition, the contractor shall provide, upon request, to the Contracting Officer the originals of any documenta-tion the contractor used when preparing the proposal which will be utilized by the Contracting Officer to ensure that the payment of the adjustment will be for only those hours indicated under the specified category.

(End of clause)

AOC52.223-5 Special Security Requirements (Feb 2010)

(a) All vehicles, and contents, used by the Contractor or his subcontractors, which enter or leave United States Government property during performance of the work, will be subject to clearance, inspection and identification procedures conducted by the United States Capitol Police.

(b) All persons entering the Legislative Branch Buildings shall gain access to the building by passing through x-ray screening devices. In addition, all handbags and all hand-carried items shall be screened by x-ray devices prior to their entry into the building.

(c) All personnel provided by the Contractor and employed on the site of the work will be subject to a security background investiga-tion. Each employee will be required to fill out an I.D. Request Form and U.S. Capitol Police Request for check of Criminal History Records and each employee will be photographed and fingerprinted. The Contractor shall provide any assistance required by any of its employees in completing the forms.

(1) The average length of time for completion of the security background investigation is about 2 weeks, however, several variables can significantly affect this timeframe - for example, if a contractor's employee does not cooperate in the security background invest-igation, or if a contractor's employee does not report timely for processing, or if a contractor's employee has been arrested/convicted and is contacted for an opportunity to address these records. In these types of situations, additional time might be needed to complete the security background investigation process.

(2) The Contractor shall obtain all security background investigations required for its workforce and shall incorporate the process time in its offer.

(3) Delays incurred by the Contractor in security background investigations required under this contract shall be at no cost to the gov-ernment.

Document Number: AOCACB21R0004 Page 8 of 62

(d) Prior to commencement of work, the contractor and all designated on-site employees will be required, on a one-time basis, to be fingerprinted in Washington D.C. The location for the Electronic Fingerprinting Service is the U.S. Capitol Hill Police, Fairchild Building, 499 South Capitol Street SW, Washington, DC 20003.

(e) Within 7 calendar days after the date of contract award, the Contractor shall submit to the Contracting Officer's Technical Repres-entative (COTR) a list of all employees proposed to be employed on this contract. This list shall include the employee's full name, date of birth and social security number.

(f) While security background investigations are in process, the Contractor's employees must not be granted access to the Capitol Hill complex to perform work or provide services for the AOC unless they are escorted by an AOC staff member. "Escorted" is defined to mean that the AOC staff member will remain with the employee(s) at all times during the performance of the work. Any of the Con-tractor's employees who are perceived by the Contracting Officer as a security risk as a result of evidence discovered in the security background investigation, will not be issued an Identification Card, will be denied access to the site of the work, and the Contractor will be directed to remove such employee from performance of any of the contract work, whether it be on or off the work site. Any contractor employee denied access to the site of work on a contract or task/delivery order as a result of a security background investig-ation may not apply for access to any other AOC/US Supreme Court contract or task/delivery order work site.

(g) An identification card, with photograph, will be prepared for each employee of the Contractor requiring access to the site. The identification card shall be dated to indicate the period of time for which it is to remain valid - from the date the employee reports for duty until the applicable date which occurs first: the expiration of the contract, or the last date of the employee's tour of duty with the Contractor. All contractor personnel must wear the ID badge whenever on the Capitol complex premises or when attending off-site functions on behalf of the AOC. ID badges must be worn in such a manner that contractor personnel can be easily identified as such.

(h) The Contractor is fully responsible to return:

(1) The ID badge of any individual employee, including subcontractor personnel, who is removed for any reason including but not limited to illness, or dismissal;

(2) The ID badges of all contractor employees, including subcontractor personnel, whose performance under the contract is completed in advance of final contract job completion; and

(3) All outstanding ID badges issued for the contractor and its employees, including subcontractor personnel, within 24 hours of on site contract job completion.

(i) ID badges are to be hand delivered by the contractor within 24 hours of any of the events listed under (h) above to the COTR.

(j) The contractor's failure to return any ID badge, access card, or key issued under this contract or order shall result in a deduction of $100.00 from the contract per ID badge, access card, and/or key not returned.

(End of clause)

AOC52.223-8 Delivery Vehicle Inspection Requirements (November 2018)

(a) All vehicles and contents used by the Contractor, or its subcontractors, which enter or leave United States Government property during performance of work under this contract will be subject to clearance, in-spection, and identification procedures conducted by the United States Capitol Police.

(b) All delivery vehicles will be required to report to the Off-Site Inspection Center for the U.S. Capitol Police located at 4700 Shepherd Parkway SW, for inspection, before proceeding to:

(1) The Capitol Building/CVC loading dock at New Jersey Ave. & C Street NW;

(2) The Senate Office Buildings loading dock at the Hart Tunnel in the 100 block of D Street, NE;

(3) The for the Ford House Office Building loading dock in the 200 block of Virginia Avenue, SW;

(4) The access point for the Rayburn, Longworth, Cannon House Office Buildings at Delaware Ave. & Washington Avenue, SW;

(5) The loading dock for the Library of Congress in the 100 block of 2nd Street SE; and, if ap-plicable

(6) The loading dock for the U.S. Supreme Court in the 100 block of 2nd Street NE.

Any questions shall be directed to the United States Capitol Police Off-Site Inspection Center during business hours (4:30 AM-7:00 PM) at 202 224-0202.

(c) Prior notification for all exceptions and after hours deliveries will be processed through the House / Senate Sergeant at Arms, the Architect of the Capitol, USCP Special Events (202-224-8891), or USCP Con-struction Security Division (202) 593-7053). The USCP Command Center (202 224-0908) will be notified dur-ing the hours that the Special Events Section is closed. Exception example: Time sensitive deliveries and deliv-eries containing material such as concrete, asphalt, and other materials /goods that may deteriorate over a short period of time. All deliveries for special events/functions in any Capitol Complex, building, must have approval through the House or Senate Sergeant At Arms office prior to inspection at the Off-Site Inspection Center – please call USCP Special Events at the number above.

(d) Within seven calendar days prior to the first delivery under this contract, the contractor shall provide to the U.S. Capitol Police a letter on company letterhead accompanied by signature of the owner, president or manager the following information:

(1) List of drivers (in alphabetical order);

(2) Date of birth for each driver;

(3) Social Security Number of each driver;

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(4) Vehicle description to include – color, make, model and any signage on vehicle;

(5) License tag number and state of issuance;

(6) Building(s) to be accessed; and

(7) Company contact person and phone number/

The above information is to be provided to the United States Capitol Police Off-Site Inspection Center, 4700 Shepherd Parkway SW, Washington, D.C. 20032, via fax: 202 563-5140. For verification of receipt, the con-tractor may call (202) 224-0202.

(e) Updates to the information required by this clause shall be renewed April 30, August 31, and Decem-ber 31 of each year.

(End of clause)

AOC52.236-11 Submittals (Jun 2004)

(a) The Contractor shall deliver all required submittals within the times specified elsewhere in this contract. Unless specifically stated otherwise, four (4) sets of each item shall be delivered by the contractor to the Contracting Officer s Technical Representative. An in-depth description of these submittals can be found in the appropriate technical sections of the specification. Any Schedule of Work prepared shall reflect delivery of these items. Failure to provide timely delivery of these submittals may be considered to be grounds for termination for default.

(b) The Government will review the submittals and either approve them as submitted, or mark required changes on them. If change are required, the Contractor shall deliver revised submittals for approval by the Government which incorporate all of the required changes within two weeks after receipt by the Contractor of the marked-up submittals.

(End of clause)

AOC52.236-17 Design-Build Contractor's Construction Management Role During Design (Jul 2008)

(a) The Contractor’s construction management key personnel shall be actively involved during the design process in order to effect-ively integrate the design and construction requirements of this contract. In addition to the typical required construction activities, the Contractor’s construction management involvement includes, but is not limited to--

(1) Integrating the design schedule into the Master schedule to maximize the effectiveness of fast-tracking design and construction (within the limits allowed in the contract);

(2) Ensuring constructability and economy of the design;

(3) Integrating the shop drawing and installation drawing process into the design;

(4) Executing the material and equipment acquisition programs to meet critical schedules;

(5) Effectively interfacing the construction quality control program with the design quality control program; and

(6) Maintaining and providing the design team with accurate, up-to-date redline and as-built documentation.

(b) The Contractor shall require and manage the active involvement of key subcontractors in the above activities.

(End of Clause)

AOC52.242-2 Contractor Performance Evaluations (Dec 2006)

At the conclusion of contract performance and/or at any point during the performance of this contract, the AOC may elect to evaluate the Contractor and submit a final or interim performance evaluation into the appropriate on-line database designated as the repository of Contractor evaluations for the Federal Government. Any evaluation submitted shall include input from the Contracting Officer's Technical Representative and other agency personnel, as appropriate, and the Contracting Officer. The Contractor shall have the op-portunity to review any evaluations and submit supporting information for any differing of positions between the Contractor and the AOC in accordance with the protocol established by the specific on-line database.

(End of clause)

Section H - Special Contract Requirements

AOC52.229-1 Exclusion of DC Sales and Use Tax on Construction Projects (April 2016)

(a) In accordance with Section 9-417 (Certificates of Exemptions) and Section 9-438 (Construction, Repair, or Alteration of Real

Document Number: AOCACB21R0004 Page 10 of 62

Property) of Title 9 of the D.C. Municipal Regulations (Taxation and Assessments), the Federal Government is exempt from District of Columbia sales and use tax on goods and equipment, purchased by general contractors, to be permanently incorporated into real property owned by the Federal Government.

(b) The general contractor is directed to complete DC Form FR-500, “Combined Business Tax Registration Application”, and sub-mit it to the DC Office of Tax and Revenue for approval.

(c) The general contractor must also complete DC Form OTR-553, Contractor’s Exempt Purchase Certificate which shall be provided to each Washington DC vendor supplying such goods and services.

(d) Due to this sales and use tax exemption, the general contractor shall not to include DC sales and use tax on goods and equip-ment to be permanently affixed to Federal property in its quotations, bids or proposals to the AOC.

(End of clause)

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 re-quest, 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):

https://www.acquisition.gov/ [Insert one or more Internet addresses]

(End of clause) Clause Title Fill-ins

52.202-1 Definitions (Jun 2020)

52.203-5 Covenant Against Contingent Fees (May 2014)

52.203-7 Anti-Kickback Procedures (Jun 2020)

52.209-6 Protecting the Government's Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment (Jun 2020)

52.211-13 Time Extensions (Sept 2000)

52.222-4 Contract Work Hours and Safety Standards--Overtime Compensation (May

2018)

52.222-7 Withholding of Funds (May 2014)

52.222-8 Payrolls and Basic Records (Aug 2018)

52.222-9 Apprentices and Trainees (July 2005)

52.222-10 Compliance with Copeland Act Requirements (Feb 1988)

52.222-11 Subcontracts (Labor Standards) (May 2014)

52.222-12 Contract Termination - Debarment (May 2014)

52.222-13 Compliance with Construction Wage Rate Requirements and Related

Regulations (May 2014)

52.222-14 Disputes Concerning Labor Standards (Feb 1988)

52.222-15 Certification of Eligibility (May 2014)

Document Number: AOCACB21R0004 Page 11 of 62

52.222-21 Prohibition of Segregated Facilities (Apr 2015)

52.222-26 Equal Opportunity (Sept 2016)

52.222-27 Affirmative Action Compliance Requirements for Construction (Apr 2015)

52.222-35 Equal Opportunity for Veterans (Jun 2020)

52.222-36 Equal Opportunity for Workers with Disabilities (Jun 2020)

52.222-37 Employment Reports on Veterans (Jun 2020)

52.222-50 Combating Trafficking in Persons (Jan 2019)

52.223-2 Affirmative Procurement of Biobased Products Under Service and

Construction Contracts (Sep 2013)

52.223-6 Drug-Free Workplace (May 2001)

52.223-15 Energy Efficiency in Energy-Consuming Products (May 2020)

52.223-17 Affirmative Procurement of EPA-designated Items in Service and

Construction Contracts (Aug 2018)

52.225-13 Restrictions on Certain Foreign Purchases (June 2008)

52.227-1 Authorization and Consent (Jun 2020)

52.227-4 Patent Indemnity-Construction Contracts (Dec 2007)

52.227-14 Rights in Data-General (May 2014)

52.228-2 Additional Bond Security (Oct 1997)

52.228-12 Prospective Subcontractor Requests for Bonds (May 2014)

52.228-14 Irrevocable Letter of Credit (Nov 2014)

52.229-3 Federal, State and Local Taxes (Feb 2013)

52.232-18 Availability of Funds (Apr 1984)

52.232-23 Assignment of Claims (May 2014)

52.233-3 Protest after Award (Aug 1996)

52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004)

52.236-2 Differing Site Conditions (Apr 1984)

52.236-3 Site Investigation and Conditions Affecting the Work (Apr 1984)

52.236-5 Material and Workmanship (Apr 1984)

52.236-6 Superintendence by the Contractor (Apr 1984)

52.236-7 Permits and Responsibilities (Nov 1991)

52.236-8 Other Contracts (Apr 1984)

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and

Document Number: AOCACB21R0004 Page 12 of 62

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)

52.237-2 Protection of Government Buildings, Equipment, and Vegetation (Apr 1984)

52.239-1 Privacy or Security Safeguards (Aug 1996)

52.242-13 Bankruptcy (July 1995)

52.243-4 Changes (June 2007)

52.243-6 Change Order Accounting (Apr 1984)

52.245-1 Alt I Government Property (Jan 2017) - Alternate I (Apr 2012)

52.246-21 Warranty of Construction (Mar 1994)

52.246-23 Limitation of Liability (Feb 1997)

52.249-1 Alt I Termination for Convenience of the Government (Fixed-Price) (Short Form)

(Apr 1984) - Alternate I (Apr 1984)

52.249-10 Default (Fixed-Price Construction) (Apr 1984)

52.253-1 Computer Generated Forms (Jan 1991)

52.211-12 Liquidated Damages-Construction (Sept 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of TBD at task order level [Contracting Officer insert amount] for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is com-pleted. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(End of clause)

52.216-18 Ordering (Aug 2020)

(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 Date of Task Order through 365 days after award [insert dates].

(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) A delivery order or task order is considered "issued" when--

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or

Document Number: AOCACB21R0004 Page 13 of 62

(3) If sent electronically, the Government either--

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor's email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(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 $1,000.00 [insert dollar figure or quantity], the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those sup-plies 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 $3,000,000.00 [insert dollar figure or quantity];

(2) Any order for a combination of items in excess of $15,000,000.00 [insert dollar figure or quantity]; or

(3) A series of orders from the same ordering office within 365 days that together call for quantities exceeding the limitation in para-graph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regula-tion (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 limita-tions in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

52.216-20 Definite Quantity (Oct 1995)

(a) This is a definite-quantity, indefinite-delivery contract for the supplies or services specified, and effective for the period stated, in the Schedule.

(b) The Government shall order the quantity of supplies or services specified in the Schedule, and the Contractor shall furnish them when ordered. Delivery or performance shall be at locations designated in orders issued in accordance with the Ordering clause and the Schedule.

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

(d) Any order issued during the effective period of this contract and not completed within that time shall be completed by the Con-tractor 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 Con-tractor shall not be required to make any deliveries under this contract after TBA [insert date].

(End of clause)

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.