AOCACB24Q0082 BPA.pdf

Document Number: AOCACB24Q0082 Page 1 of 67

SOLICITATION,OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

AOCACB24Q0082 SEALED BID (IFB)

NEGOTIATED (RFP)

2. TYPE OF SOLICITATION 3. DATE ISSUED

08/05/2024

PAGE OF PAGES

1 67

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

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

CODE 9901

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

7. ISSUED BY

Architect of the Capitol Design and Construction Acquisition 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 Susan Dunnagan

b. TELEPHONE NO. (Include area code)(NO COLLECT CALLS) 202-230-1561

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 Blanket Purchase Agreement (BPA) is a single-award for Paint Contractor Support Services based on a general Statement of Work further defined with individual call orders. Work to be performed under the BPA include painting services for a variety of projects, operations and initiatives on the Capitol Campus.

B. NAICS Code: 238320. The government intends to award approximately one (1) responsible quoter.

C. The BPA does not obligate any funds. The Government is obligated only to the extent of authorized purchases made under the BPA. The total aggregate maximum amount expendable under the entire BPA is $3,000,000.

D. BPA performance is for one (1), one (1) year base period and four (4), one (1) year optional ordering periods.

E. See the SF 1442 for the List of Attachments. Following award, Sections K, and Instructions and Evaluation Criteria 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 call order under this BPA.

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

X award, notice to proceed. This performance period is X 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) local time (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.

1 17:00 ETa.

09/04/2024

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.

60d. 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. 8/2014)

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

Document Number: AOCACB24Q0082 Page 2 of 67

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. 3304(a) ( )

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

26. ADMINISTERED BY 9901

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

Internet Payment Platform (IPP) Danielle Wilson 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)

Susan Dunnagan

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

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

BY

31c. DATE

STANDARD FORM 1442 (REV. 8/2014)BACK

Document Number: AOCACB24Q0082 Page 3 of 67

Table of Contents

Section Description Page Number

B Supplies or Services and Prices/Costs C Descriptions/Specifications/Statement of Work

C.1 Statement of Work E Inspection and Acceptance

52.246-12 Inspection of Construction (Aug 1996) F Deliveries or Performance

52.211-18 Variation in Estimated Quantity (Apr 1984) 52.236-15 Schedules for Construction Contracts (Apr 1984) AOC52.211-4 Term of Contract (Jan 2007) 52.211-12 Liquidated Damages-Construction (Sept 2000)

G Contract Administration Data AOC52.236-11 Submittals (Jun 2004) AOC52.242-2 Contractor Performance Evaluations (Dec 2006) AOC52.201-1 Contracting Officers Authority (Jun 2004) AOC52.201-2 Contracting Officers Representative (COR) (January 2021) AOC52.204-6 Capitol Complex Conditions Affecting Contractor Operations (May 2008) AOC52.211-1 Key Personnel (January 2021) AOC52.211-2 Approval of Substitute Contractor Personnel (Jun 2004) AOC52.211-5 Commencement, Prosecution and Completion of Work (May 2024) AOC52.223-8 Vehicle and Delivery Inspection (July 2022)

H Special Contract Requirements

H.1 SPECIAL CONTRACT PROCEDURES

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) 52.203-3 Gratuities (Apr 1984) 52.203-5 Covenant Against Contingent Fees (May 2014) 52.203-6 Restrictions on Subcontractor Sales to the Government (Jun 2020) 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 (Nov 2021) 52.222-4 Contract Work Hours and Safety Standards--Overtime Compensation (May 2018) 52.222-6 Construction Wage Rate Requirements (Aug 2018) 52.222-7 Withholding of Funds (May 2014) 52.222-8 Payrolls and Basic Records (Jul 2021) 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 (Nov 2021) 52.223-2 Reporting of Biobased Products Under Service and Construction Contracts (May 2024) 52.223-6 [Reserved] 52.223-15 [Reserved] 52.225-13 Restrictions on Certain Foreign Purchases (Feb 2021) 52.227-1 Authorization and Consent (Jun 2020) 52.227-4 Patent Indemnity-Construction Contracts (Dec 2007)

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52.228-12 Prospective Subcontractor Requests for Bonds (Dec 2022) 52.229-3 Federal, State and Local Taxes (Feb 2013) 52.232-23 Assignment of Claims (May 2014) 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) 52.236-26 Preconstruction Conference (Feb 1995) 52.242-13 Bankruptcy (July 1995) 52.243-6 Change Order Accounting (Apr 1984) 52.245-1 Alt I Government Property (Sep 2021) - Alternate I (Apr 2012) 52.246-21 Warranty of Construction (Mar 1994) 52.249-2 Alt I Termination for Convenience of the Government (Fixed-Price) (Apr 2012) - Alternate I (Sept 1996) 52.249-10 Default (Fixed-Price Construction) (Apr 1984) 52.243-3 Changes-Time-and-Material or Labor-Hours (Sept 2000) AOC52.204-10 Prohibition on a ByteDance Covered Application 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 Hazardous Material Identification and Material Safety Data (Feb 2021) 52.225-9 Buy American-Construction Materials (Oct 2022) 52.225-10 Notice of Buy American Requirement-Construction Materials (May 2014) 52.228-2 Additional Bond Security (Oct 1997) 52.228-14 Irrevocable Letter of Credit (Nov 2014) 52.233-3 Protest after Award (Aug 1996) 52.236-1 Performance of Work by the Contractor (Apr 1984) 52.243-4 Changes (June 2007) 52.243-7 Notification of Changes (Jan 2017) 52.253-1 Computer Generated Forms (Jan 1991) AOC52.202-2 Definitions - Construction (August 2021) AOC52.203-1 Advertising/Promotional Materials (Dec 2005) AOC52.203-2 AOC52.203-2 Disclosure of Information to the General Public (April 2023) AOC52.203-4 Dissemination of Contract Information (July 2010) AOC52.203-5 Confidentiality Requirement (Nov 2004) AOC52.204-4 Personal Identity Verification of Contractor Personnel (E-Verify) (October 2021) AOC52.204-5 AOC52.204-5, System for Award Management (SAM) (April 2021) AOC52.204-7 Executive Orders not Applicable to the AOC (February 2018) AOC52.209-2 Restrictions and Disclosures of Organizational and Personal Conflicts of Interest (Oct 2008) AOC52.211-3 Deficiencies in Contract Documents (Jun 2004) AOC52.211-6 Notice to Proceed (Jun 2004) AOC52.216-6 Undefinitized Contract Actions (Mar 2005) AOC52.222-1 Overtime Work - Construction (Aug 2004) AOC52.222-3 Convict Labor (Jun 2004) AOC52.222-7 Workmen's Compensation Laws (Jun 2004) AOC52.223-1 Hazardous Material Identification and Material Safety Data - Supplement (Jun 2005) AOC52.223-3 Security Markings - CUI (March 2017) AOC52.223-10 Use of Radiography or other Nuclear Regulatory Commission Licensed Devices and Notice of Radioactive Materials (August 2011)

Document Number: AOCACB24Q0082 Page 5 of 67

AOC52.223-11 Contract Performance and Reporting Requirements during a Pandemic (March 2021) AOC52.228-2 Insurance - Work on a Government Installation (June 2018) AOC52.228-3 Professional Liability Insurance (Nov 2004) AOC52.228-5 Payment Protection and Performance Bonds - Construction (July 2010) AOC52.228-6 Notice to Sureties (Jun 2004) AOC52.232-4 Payments - Construction (July 2022) AOC52.232-6 Payment by Electronic Funds Transfer (March 2012) AOC52.232-12 Assignment - Supplement (January 2021) AOC52.233-1 Disputes (January 2021) 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) AOC52.236-8 Scheduling of Work (January 2021) AOC52.236-9 Schedule of Values (Jun 2004) AOC52.236-10 Specifications and Drawings for Construction (January 2021) AOC52.236-12 Product Data and Samples (Jun 2004) AOC52.239-1 Protection of AOC Information Technology Systems (March 2018) AOC52.242-3 Suspension of Work (May 2014) AOC52.243-1 Changes - Supplement (May 2022) AOC52.244-1 Award of Subcontracts and Other Contracts for Portions of the Work (Sep 2005) AOC52.245-2 Government-Furnished Property (July 2013) AOC52.246-1 Final Inspection and Acceptance - Construction - Supplement (Mar 2007) AOC52.246-6 Additional Warranty Coverage (Jun 2004) AOC52.223-5 Special Security Requirements (October 2021) AOC52.223-6 Special Security Requirements - U.S. Supreme Court (October 2021) AOC52.204-8 Removal of Contractor Employees from Contract (May 2022) AOC52.204-9 Photography, Video and Audio Recording (April 2023) AOC52.215-10 Examination of Records (July 2014) AOC52.219-3 Small Business Subcontracting Plan (February 2016)

J List of Attachments J.1 List of Attachments

K Representations, Certifications and Other Statements of Offerors or Respondents 52.223-1 Biobased Product Certification (May 2024) AOC52.204-2 AOC52.204-2, Unique Entity Identifier (April 2021) 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 (January 2021) 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) 52.222-22 Previous Contracts and Compliance Reports (Feb 1999)

L Instructions, Conditions and Notices to Offerors or Respondents 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) 52.211-6 Brand Name or Equal (Aug 1999) 52.216-27 Single or Multiple Awards (Oct 1995) L.1 Instructions to Quoter 52.216-1 Type of Contract (Apr 1984) AOC52.228-1 Offer Guarantee (July 2010) AOC52.228-7 Offer Guarantee - Construction (July 2010) AOC52.232-14 Submission of Electronic Funds Transfer Information (March 2012) AOC52.233-5 Service of Protest (January 2021) AOC52.215-12 Joint Venture Offeror Requirements (May 2010) L.2 Instructions & Evaluation Criteria

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AOC52.215-6 Preparation of Offers/Quotations (January 2021) M Evaluation Factors for Award

52.217-5 Evaluation of Options (July 1990)

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Section B - Supplies or Services and Prices/Costs

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

0001 Base Year - Paint

Support

Firm Fixed Price

PSC:

1.000000 SERVICE

Description:

Furnish necessary personnel, material, equipment, services and facilities for construction services for the Architect of the Capitol.

Pricing Options:

Indicator: Base

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

0002 Option Year 1 - Paint

Support

Firm Fixed Price

PSC:

1.000000 SERVICE

Description:

Furnish necessary personnel, material, equipment, services and facilities for construction services for the Architect of the Capitol.

Pricing Options:

Indicator: Option Option Period: 1

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

0003 Option Year 2 - Paint

Support

Firm Fixed Price

PSC:

1.000000 SERVICE

Description:

Furnish necessary personnel, material, equipment, services and facilities for construction services for the Architect of the Capitol.

Pricing Options:

Indicator: Option Option Period: 2

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

0004 Option Year 3 - Paint

Support

Firm Fixed Price

PSC:

1.000000 SERVICE

Description:

Furnish necessary personnel, material, equipment, services and facilities for construction services for the Architect of the Capitol.

Pricing Options:

Indicator: Option Option Period: 3

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

0005 Option Year 4 - Paint

Support

Firm Fixed Price

PSC:

1.000000 SERVICE

Description:

Furnish necessary personnel, material, equipment, services and facilities for construction services for the Architect of the Capitol.

Pricing Options:

Indicator: Option Option Period: 4

Section C - Descriptions/Specifications/Statement of Work

C.1 Statement of Work

The Statement of Work titled, "Paint Contractor Support", dated April 15, 2024, is hereby incorporated by reference and attached under Section J.

Section E - Inspection and Acceptance

Clause Title Fill-ins

52.246-12 Inspection of Construction (Aug 1996)

Clause Title Fill-ins

52.211-18 Variation in Estimated Quantity (Apr 1984)

52.236-15 Schedules for Construction Contracts (Apr 1984)

AOC52.211-4 Term of Contract (Jan 2007)

The term of the contract shall be one year date from award date with (4) four option years..

(End of clause)

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 Determined at Call 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 completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(End of clause)

Section G - Contract Administration Data

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

Document Number: AOCACB24Q0082 Page 9 of 67 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)

AOC52.242-2 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 opportunity 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)

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, notwithstanding 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 Representative (COR) (January 2021)

The Government shall provide the name, address and telephone number of the COR 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 COR be delegated authority to order any change in the contractor s performance which would affect (a) cost or schedule for contracts for services or supplies, or (b) scope, the completion date for intermediate 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 (January 2021)

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

Name: _____________[Name of first Key Personnel required]________________ Title: __Project Manager_________ Telephone No. [Telephone number] Name:______________[Title of second Key Personnel required]_______________ Title: Onsite Working Foreman ________ Telephone No. [Telephone number] Name:______________[Title of third Key Personnel required]_________________ Title: Onsite Working Foreman__________ Telephone No. [Telephone number]

(b) At any time during performance of the contract, the AOC reserves the right to require the contractor to remove a Key Personnel 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 substitution is necessitated 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 (c) below. After the

Document Number: AOCACB24Q0082 Page 10 of 67 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 resumes 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 within 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 Requirements - U.S. Supreme Court, shall apply to all approved Contractor personnel substitutions.

(End of clause)

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

(a) During the first 90 days , the Contractor shall make no substitutions of personnel unless the substitution is necessitated 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 prior to making any permanent substitutions.

(b) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes 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 subsequent 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 Requirements - U.S. Supreme Court, shall apply to all approved Contractor personnel substitutions.

(End of clause)

AOC52.211-5 Commencement, Prosecution and Completion of Work (May 2024)

(a) All work to be performed under this contract shall be completed within the number of calendar days specified in the contract awarded for final completion. The time stated for final completion shall include final cleanup of the premises. 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 Conditions, Changes, Changes - Supplement, Suspension of Work, or other clauses, as appropriate.

(End of clause text)

AOC52.223-8 Vehicle and Delivery Inspection (July 2022)

(a) During the performance of work on this contract, all contractor, subcontractor and supplier vehicles (including contents) that enter or leave United States Government property will be subject to clearance, inspection, and identification procedures. These procedures are conducted by the United States Capitol Police (USCP), the United States Marshall’s Service, the Supreme Court Police and other law enforcement personnel based on this contract’s performance and delivery requirements.

(b) Unless specified differently by this clause, no vehicles or deliveries will be permitted on the Capitol Campus unless processed at the Off-Site Delivery Center (OSDC) located at 4700 Shepherd Parkway, SW, Washington, D.C. 20032.

(c) All vehicles subject to this clause will be required to report to the OSDC for inspection and clearance. OSDC hours of operation are 4:30 AM until 3:00 PM, Monday through Friday. The facility is closed on all Federal holidays and can be contact at 202.224.0202.

(d) After being cleared by the OSDC, vehicles will be permitted to continue to their intend location(s) on the Capitol Campus as necessary. Highway travel on and around the Capitol Campus is highly controlled and all vehicles shall comply with any directions or instructions provided by the USCP and/or other law enforcement personnel encountered while traveling with the Capitol Campus.

(e) Based on contract performance and delivery requirements, vehicle entrances and delivery locations on the Capitol Campus are as follows:

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

Document Number: AOCACB24Q0082 Page 11 of 67

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

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

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

(5) The loading dock for the Library of Congress (Delaware Ave. & Washington Avenue, SW)

(6) The loading dock for the Capitol Power Plant (25 E Street, SE)

(7) For the U.S. Supreme Court and the Thurgood Marshall Federal Judiciary Building, contractor, subcontractor and supplier vehicles will be granted the appropriate access only after post award consultation and coordination between the contractor and the Contracting Officer (CO); the Contracting Officer’s Representative (COR); and the AOC Supreme Court. - .Buildings and Grounds, Office of the Facilities Manager.

(8) For the U.S. Botanic Garden contractor, subcontractor and supplier vehicles will be granted the appropriate access only after post award consultation and coordination between the contractor and the Contracting Officer (CO); the Contracting Officer’s Representative (COR); and the U.S. Botanic Garden.

(e) Prior notification for all exceptions and afterhours deliveries will be processed through the House / Senate Sergeant at Arms, the Architect of the Capitol, USCP Special Events (202-224-8891), or USCP Construction Security Division (202) 593-7053).

The USCP Command Center (202 224-0908) will be notified during the hours that the Special Events Section is closed. Exception example: Time sensitive deliveries and deliveries 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.

(f) 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;

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

(5) License tag number and state of issuance;

(6) Driver’s License Number;

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

(8) Company contact person and phone number/

(g) At least 24 hours prior to arrival on the Capitol Campus, 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 email at mailto:OSDCAdmin@uscp.gov. For verification of receipt, the contractor may call (202) 224-0202.

(End of clause)

Section H - Special Contract Requirements

H.1 SPECIAL CONTRACT PROCEDURES

SECTION H – SPECIAL CONTRACT PROCEDURES

H.1 BLANKET PURCHASE AGREEMENT

H.1.1 Paint Contractor Support Services in accordance with Attachment 1, Statement of Work, can be ordered under this Blanket Purchase Agreement (BPA). All Call Orders placed against this BPA are subject to the terms and conditions included in BPA No. (to be filled in after award).

H.1.2 The BPA’s ordering period will consist of a base 12-month ordering period with four (4) one (1) year options.

H.1.3 The Government may exercise additional period of performance in accordance with FAR 52.217-8 at least 30 days prior to end of the 5-year ordering period, and if exercised, the ordering period can be extended up to six additional months as per the terms of the clause.

H.2 EXTENT OF OBLIGATION:

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H.2.1 The BPA does not obligate any funds. The Government is obligated only to the extent of authorized purchases made under the

BPA.

H.3 PREVAILING TERMS AND CONDITIONS:

H.3.1 The terms and conditions included in this BPA apply to all Call Orders pursuant to it. In the event of an inconsistency between the terms and conditions of this BPA and a Call Order, the terms of the BPA will take precedence.

H.4 CALL ORDER PROCEDURES

H.4.1 Services to be ordered under this agreement shall be ordered by issuance of a written Call Order executed by an authorized AOC Contracting Officer (CO). The Contractor shall furnish services described in the Call Order Statement of Work, when requested by the Contracting Officer. All Call Orders are subject to the terms and conditions of this agreement. Authorized ordering officers include any AOC COs within their delegated authority.

H.4.2 When the AOC requires work under the BPA, a Call Order Request for Quote (RFQ) will be issued via email.

H.4.3 As the need exists for performance under the terms of this agreement, the CO will notify the Contractor of a requirement, and the Call Order will be awarded within the scope of the terms and conditions and specifications of this contract.

H.4.4 Generally, the Call Order RFQ will include but is not limited to the following:

a) Statement of Work

b) Period of Performance

c) Quote due date and quotation delivery instructions

d) Evaluation factors for award (Price only)

e) Price quote instructions

H.4.5 Costs for preparation of quotes and pre-award activities shall be the sole responsibility of the contractor. The Contractor will not be reimbursed for attendance during negotiations, site visits (if any), or any other call order pre-award activities.

H.4.6 Call Orders must be of a Firm-Fixed Price or Time and Materials contract type. The Contractor shall adhere to the hourly rates of the BPA Ordering Period within which a Call Order is placed, e.g., the Base period of performance of a Call Order placed on the last day of the Base Ordering Period of the BPA shall use the hourly rates of the Base Ordering Period of the BPA. A Call Order may exceed the final BPA ordering period by 12 months for the Base period and that Call Order may also include up to four (4) one-year Options.

H.5 AVAILABILITY OF FUNDS.

H.5.1 The AOC may request quotes for which funding is not currently available for the award (which will be duly noted in the request for quotes). If funds fail to become available for the award of the project, the event shall not constitute a basis for equitable adjustment under this contract. If funds for a project become available within 30 days after the expiration of the quote acceptance period, the AOC may request an extension of the Contractor’s quote acceptance period without further competition for the project. If the quote acceptance period is not extended by the contractor, the project may be re-solicited.

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 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 submit 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 equipment to be permanently affixed to Federal property in its quotations, bids or proposals to the AOC.

(End of clause)

Document Number: AOCACB24Q0082 Page 13 of 67

Section I - Contract Clauses

52.252-2 Clauses Incorporated by Reference (Feb 1998)

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

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

(End of clause) Clause Title Fill-ins

52.203-3 Gratuities (Apr 1984)

52.203-5 Covenant Against Contingent Fees (May 2014)

52.203-6 Restrictions on Subcontractor Sales to the Government (Jun 2020)

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 (Nov 2021)

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

2018)

52.222-6 Construction Wage Rate Requirements (Aug 2018)

52.222-7 Withholding of Funds (May 2014)

52.222-8 Payrolls and Basic Records (Jul 2021)

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)

Document Number: AOCACB24Q0082 Page 14 of 67

Clause Title Fill-ins

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 (Nov 2021)

52.223-2 Reporting of Biobased Products Under Service and Construction Contracts

(May 2024)

52.223-6 [Reserved]

52.223-15 [Reserved]

52.225-13 Restrictions on Certain Foreign Purchases (Feb 2021)

52.227-1 Authorization and Consent (Jun 2020)

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

52.228-12 Prospective Subcontractor Requests for Bonds (Dec 2022)

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

52.232-23 Assignment of Claims (May 2014)

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)

52.236-26 Preconstruction Conference (Feb 1995)

52.242-13 Bankruptcy (July 1995)

52.243-6 Change Order Accounting (Apr 1984)

Document Number: AOCACB24Q0082 Page 15 of 67

Clause Title Fill-ins

52.245-1 Alt I Government Property (Sep 2021) - Alternate I (Apr 2012)

52.246-21 Warranty of Construction (Mar 1994)

52.249-2 Alt I Termination for Convenience of the Government (Fixed-Price) (Apr 2012) -

Alternate I (Sept 1996)

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

52.243-3 Changes-Time-and-Material or Labor-Hours (Sept 2000)

AOC52.204-10 Prohibition on a ByteDance Covered Application (June 2023)

(a) Definitions. As used in this clause— Covered application means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited. Information technology, as:

(1) Any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the agency, if the equipment is used by the agency directly or is used by a contractor under a contract with the agency that requires the use:

(i) Of that equipment; or

(ii) Of that equipment to a significant extent in the performance of a service or the furnishing of a product;

(2) Includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources; but:

(3) Does not include any equipment acquired by a contractor incidental to an Architect of the Capitol contract.

(b) Prohibition. The Architect of the Capitol’s policy prohibits the presence or use of a covered application on agency information technology, including certain equipment used by contractors. The Contractor is prohibited from having or using a covered application on any information technology owned or managed by the Government, or on any information technology used or provided by the Contractor under this contract, including equipment provided by the Contractor’s employees; however, this prohibition does not apply if the Contracting Officer provides written notification to the Contractor that an exception has been granted.

(c) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts, including subcontracts for the acquisition of commercial products or commercial services.

(End of Clause)

52.217-8 Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within the period of performance [insert the period of time within which the Contracting Officer may exercise the option].

(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 the period of performance [insert the period of time within which the Contracting Officer may exercise the option]; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days [60 days unless a different number of days is inserted] before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 102 months (months) (years).

Document Number: AOCACB24Q0082 Page 16 of 67

(End of clause)

52.223-3 Hazardous Material Identification and Material Safety Data (Feb 2021)

(a) "Hazardous material," as used in this clause, includes any material defined as hazardous under the latest version of Federal Standard No. 313 (including revisions adopted during the term of the contract).

(b) The offeror must list any hazardous material, as defined in paragraph (a) of this clause, to be delivered under this contract. The hazardous material shall be properly identified and include any applicable identification number, such as National Stock Number or Special Item Number. This information shall also be included on the Material Safety Data Sheet submitted under this contract.

Material (if none, insert None) Identification No.

(c) This list must be updated during performance of the contract whenever the Contractor determines that any other material to be delivered under this contract is hazardous.

(d) The apparently successful offeror agrees to submit, for each item as required prior to award, a Material Safety Data Sheet, meeting the requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard No. 313, for all hazardous material identified in paragraph (b) of this clause. Data shall be submitted in accordance with Federal Standard No. 313, whether or not the apparently successful offeror is the actual manufacturer of these items. Failure to submit the Material Safety Data Sheet prior to award may result in the apparently successful offeror being considered nonresponsible and ineligible for award.

(e) If, after award, there is a change in the composition of the item(s) or a revision to Federal Standard No. 313, which renders incomplete or inaccurate the data submitted under paragraph (d) of this clause, the Contractor shall promptly notify the Contracting Officer and resubmit the data.

(f) Neither the requirements of this clause nor any act or failure to act by the Government shall relieve the Contractor of any responsibility or liability for the safety of Government, Contractor, or subcontractor personnel or property.

(g) Nothing contained in this clause shall relieve the Contractor from complying with applicable Federal, State, and local laws, codes, ordinances, and regulations (including the obtaining of licenses and permits) in connection with hazardous material.

(h) The Government's rights in data furnished under this contract with respect to hazardous material are as follows:

(1) To use, duplicate and disclose any data to which this clause is applicable. The purposes of this right are to--

(i) Apprise personnel of the hazards to which they may be exposed in using, handling, packaging, transporting, or disposing of hazardous materials;

(ii) Obtain medical treatment for those affected by the material; and

(iii) Have others use, duplicate, and disclose the data for the Government for these purposes.

(2) To use, duplicate, and disclose data furnished under this clause, in accordance with paragraph (h)(1) of this clause, in precedence over any other clause of this contract providing for rights in data.

(3) The Government is not precluded from using similar or identical data acquired from other sources.

(End of clause)

52.225-9 Buy American-Construction Materials (Oct 2022)

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

Commercially available off-the-shelf (COTS) item--

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

(i) A commercial product (as defined in paragraph (1) of the definition of "commercial product" at Federal Acquisition Regulation

(FAR) 2.101;

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

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

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

Construction material means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

Cost of components means--

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

Critical component means a component that is mined, produced, or manufactured in the United States and deemed critical to the U.S.

supply chain. The list of critical components is at FAR 25.105.

Critical item means a domestic construction material or domestic end product that is deemed…