AOCACB24R0025.pdf

Document Number: AOCACB24R0025 Page 1 of 61

SOLICITATION,OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

AOCACB24R0025 SEALED BID (IFB)

X NEGOTIATED (RFP)

2. TYPE OF SOLICITATION 3. DATE ISSUED

08/15/2024

PAGE OF PAGES

1 61

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

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

LCA240000

6. PROJECT NO.

LC13017A

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 John Lingamfelter

b. TELEPHONE NO. (Include area code)(NO COLLECT CALLS) 202-226-1639

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)

Contractor shall provide all labor, material, equipment, and incidentals required to perform the work in accordance with the Drawings and Specifications referenced in block 10 of the SF1442 and any/all Attachments referenced in Section J. In accordance with the attached instructions, the Offeror shall provide a technical and price proposal.

1. Title: “Sprinklers System Replacement for Collections, JAB” Project Number LC13017A.

2. Construction Wage Determination: DC20240002 dated August 2, 2024.

3. NAICS Code: 236220, Commercial and Institutional Building Construction

4. The estimated magnitude of construction is between $25,000,000.00 and $28,000,000.00.

5. Pre-proposal Conference (to be held virtually via MS Teams on if applicable) & Site Visit (if applicable).

6. Suspense date for Proposal: Refer to Box 13.

7. Reference Section J. for additional attachments incorporated.

8. This RFP/solicitation contains Controlled Unclassified Information documents //CUI// that shall be handled in accordance with AOC52.223-3 Security Markings (March 2017). In order to receive the Contract Drawings & Specifications, the Offeror shall send Charvey Smith (Charvey.Smith@aoc.gov) an email with the Company Name, Contact Name, email, and telephone number for two (2) points of contact (POCs) in the Offeror's company (not subcontractors). POC’s will be emailed a link to the solicitation documents with instructions for downloading and will also be invited to attend the virtual Pre-proposal Conference. Refer to Section L.1 Instructions to Offerors.

Contracting Officer (CO): John Lingamfelter; john.lingamfelter@aoc.gov Contract Specialist (Primary POC): Charvey Smith; charvey.smith@aoc.gov CO's Representative (COR): Howard Chan; howard.chan@aoc.gov

11. The Contractor shall begin performance within calendar days and complete it within calendar days after receiving10 1,016

AOC 52.211-10award, X 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).

X YES 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.

09/26/2024

b. An offer guarantee X is, 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.

90d. 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: AOCACB24R0025 Page 2 of 61

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

Invoice Processing Platform (IPP) Howard Chan 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)

John Lingamfelter

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: AOCACB24R0025 Page 3 of 61

Table of Contents

Section Description Page Number

B Supplies or Services and Prices/Costs 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)

G Contract Administration Data 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) AOC52.223-8 Vehicle and Delivery Inspection (July 2022) AOC52.236-11 Submittals (Jun 2004) AOC52.242-2 Contractor Performance Evaluations (Dec 2006) AOC52.211-2 Approval of Substitute Contractor Personnel (Jun 2004)

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) 52.203-3 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) 52.222-10 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) 52.222-32 Construction Wage Rate Requirements-Price Adjustment (Actual Method) (Aug 2018) 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) 52.222-4 Contract Work Hours and Safety Standards--Overtime Compensation (May 2018) 52.222-50 Combating Trafficking in Persons (Nov 2021) 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) 52.223-15 Energy Efficiency in Energy-Consuming Products (May 2020) 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts (Aug 2018) 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (Sep 2013) 52.223-6 Drug-Free Workplace (May 2001) 52.225-10 Notice of Buy American Requirement-Construction Materials (May 2014) 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)

Document Number: AOCACB24R0025 Page 4 of 61

52.228-14 Irrevocable Letter of Credit (Nov 2014) 52.228-2 Additional Bond Security (Oct 1997) 52.229-3 Federal, State and Local Taxes (Feb 2013) 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) 52.236-10 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) 52.236-2 Differing Site Conditions (Apr 1984) 52.236-26 Preconstruction Conference (Feb 1995) 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) 52.242-13 Bankruptcy (July 1995) 52.243-4 Changes (June 2007) 52.243-6 Change Order Accounting (Apr 1984) 52.245-1 Alt I Government Property (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) 52.253-1 Computer Generated Forms (Jan 1991) 52.223-3 Hazardous Material Identification and Material Safety Data (Feb 2021) 52.225-9 Buy American-Construction Materials (Oct 2022) 52.236-1 Performance of Work by the Contractor (Apr 1984) 52.243-7 Notification of Changes (Jan 2017) 52.248-3 Value Engineering-Construction (Oct 2020) 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) AOC52.204-4 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) AOC52.204-8 Removal of Contractor Employees from Contract (May 2022) AOC52.204-9 Photography, Video and Audio Recording (April 2023) AOC52.204-10 Prohibition on a ByteDance Covered Application 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) AOC52.215-10 Examination of Records (July 2014) AOC52.215-11 Examination of Costs (June 23, 2023) AOC52.216-6 Undefinitized Contract Actions (Mar 2005) AOC52.219-3 Small Business Subcontracting Plan (February 2016) 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) AOC52.223-10 Use of Radiography or other Nuclear Regulatory Commission Licensed Devices and Notice of Radioactive Materials (August 2011) AOC52.223-11 Contract Performance and Reporting Requirements during a Pandemic (March 2021)

Document Number: AOCACB24R0025 Page 5 of 61

AOC52.223-3 Security Markings - CUI (March 2017) AOC52.223-6 Special Security Requirements - U.S. Supreme Court (October 2021) AOC52.228-2 Insurance - Work on a Government Installation (June 2018) AOC52.228-5 Payment Protection and Performance Bonds - Construction (July 2010) AOC52.228-6 Notice to Sureties (Jun 2004) AOC52.232-12 Assignment - Supplement (January 2021) AOC52.232-4 Payments - Construction (July 2022) AOC52.232-6 Payment by Electronic Funds Transfer (March 2012) 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) AOC52.236-10 Specifications and Drawings for Construction (January 2021) AOC52.236-12 Product Data and Samples (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) AOC52.239-1 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)

AOC52.211-12 DAMAGES-CONSTRUCTION

AOC52.243-2 AOC52.243-2 Contract Status (May 2024) AOC52.211-1 Key Personnel (January 2021)

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 2012) 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) 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) AOC52.219-2 AOC52.219-2 Small Business Representations and Certifications (Sep 2008)

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) AOC52.215-12 Joint Venture Offeror Requirements (May 2010) AOC52.215-2 Interpretations and Amendments (Jun 2004) AOC52.215-3 Restriction on Disclosure and Use of Data (Jun 2004) AOC52.215-7 Preparation of Proposals - Construction (Jun 2004) 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) AOC52.236-13 Visit to the Site of the Work - Construction (Jun 2004) 52.216-1 Type of Contract (Apr 1984) AOC52.215-1 Instructions to Offerors (January 2021)

M Evaluation Factors for Award AOC52.215-5 Contract Award - Source Selection Procedures (Jun 2004)

Document Number: AOCACB24R0025 Page 6 of 61

Section B - Supplies or Services and Prices/Costs

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

0001 Sprinklers System

Replacement for

Collections, JAB

Firm Fixed Price

PSC:

1.000000 SER

Description:

All work shall be completed in accordance with the attached contract documents.

The period of performance for the Base scope is 1,016 calendar days from the date of Notice to Proceed (NTP).

Reference Line:LCA240000 - 0001

Pricing Options:

Indicator: Base

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)

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, 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

Document Number: AOCACB24R0025 Page 7 of 61 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)

AOC52.223-8 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)

(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)

AOC52.236-11 Submittals (Jun 2004)

Document Number: AOCACB24R0025 Page 8 of 61

(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)

AOC52.242-2 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)

AOC52.211-2 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 calendar 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)

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 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.

Section I - Contract Clauses

Document Number: AOCACB24R0025 Page 9 of 61

52.252-2 Clauses Incorporated by Reference (Feb 1998)

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

www.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)

52.222-10 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)

52.222-32 Construction Wage Rate Requirements-Price Adjustment (Actual Method)

(Aug 2018)

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)

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

2018)

52.222-50 Combating Trafficking in Persons (Nov 2021)

Document Number: AOCACB24R0025 Page 10 of 61

Clause Title Fill-ins

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)

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

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

Construction Contracts (Aug 2018)

52.223-2 Affirmative Procurement of Biobased Products Under Service and

Construction Contracts (Sep 2013)

52.223-6 Drug-Free Workplace (May 2001)

52.225-10 Notice of Buy American Requirement-Construction Materials (May 2014)

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)

52.228-14 Irrevocable Letter of Credit (Nov 2014)

52.228-2 Additional Bond Security (Oct 1997)

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

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)

52.236-10 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)

52.236-2 Differing Site Conditions (Apr 1984)

52.236-26 Preconstruction Conference (Feb 1995)

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)

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Clause Title Fill-ins

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)

52.242-13 Bankruptcy (July 1995)

52.243-4 Changes (June 2007)

52.243-6 Change Order Accounting (Apr 1984)

52.245-1 Alt I Government Property (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)

52.253-1 Computer Generated Forms (Jan 1991)

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.

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(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--

(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 critical to U.S. supply chain resiliency.

The list of critical items is at FAR 25.105.

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Domestic construction material means--

(1) For construction material that does not consist wholly or predominantly of iron or steel or a combination of both--

(i) An unmanufactured construction material mined or produced in the United States; or

(ii) A construction material manufactured in the United States, if--

(A) The cost of its components mined, produced, or manufactured in the United States exceeds 60 percent of the cost of all its components, except that the percentage will be 65 percent for items delivered in calendar years 2024 through 2028 and 75 percent for items delivered starting in calendar year 2029. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic. Components of unknown origin are treated as foreign; or

(B) The construction material is a COTS item; or

(2) For construction material that consists wholly or predominantly of iron or steel or a combination of both, a construction material manufactured in the United States if the cost of foreign iron and steel constitutes less than 5 percent of the cost of all components used in such construction material. The cost of foreign iron and steel includes but is not limited to the cost of foreign iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the construction material and a good faith estimate of the cost of all foreign iron or steel components excluding COTS fasteners. Iron or steel components of unknown origin are treated as foreign. If the construction material contains multiple components, the cost of all the materials used in such construction material is calculated in accordance with the definition of "cost of components".

Fastener means a hardware device that mechanically joins or affixes two or more objects together. Examples of fasteners are nuts, bolts, pins, rivets, nails, clips, and screws.

Foreign construction material means a construction material other than a domestic construction material.

Foreign iron and steel means iron or steel products not produced in the United States. Produced in the United States means that all manufacturing processes of the iron or steel must take place in the United States, from the initial melting stage through the application of coatings, except metallurgical processes involving refinement of steel additives. The origin of the elements of the iron or steel is not relevant to the determination of whether it is domestic or foreign.

Predominantly of iron or steel or a combination of both means that the cost of the iron and steel content exceeds 50 percent of the total cost of all its components. The cost of iron and steel is the cost of the iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the product and a good faith estimate of the cost of iron or steel components excluding COTS fasteners.

Steel means an alloy that includes at least 50 percent iron, between 0.02 and 2 percent carbon, and may include other elements.

"United States" means the 50 States, the District of Columbia, and outlying areas.

(b) Domestic preference.

(1) This clause implements 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the domestic content test of the Buy American statute is waived for construction material that is a COTS item, except that for construction material that consists wholly or predominantly of iron or steel or a combination of both, the domestic content test is applied only to the iron and steel content of the construction materials, excluding COTS fasteners. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial product or to the construction materials or components listed by the Government as follows:

NONE

[Contracting Officer to list applicable excepted materials or indicate "none"]

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

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(i) The cost of domestic construction material would be unreasonable.

(A) For domestic construction material that is not a critical item or does not contain critical components.

(1) The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 20 percent;

(2) For construction material that is not a COTS item and does not consist wholly or predominantly of iron or steel or a combination of both, if the cost of a particular domestic construction material is determined to be unreasonable or there is no domestic offer received, and the low offer is for foreign construction material that is manufactured in the United States and does not exceed 55 percent domestic content, the Contracting Officer will treat the lowest offer of foreign construction material that exceeds 55 percent domestic content as a domestic offer and determine whether the cost of that offer is unreasonable by applying the evaluation factor listed in paragraph (b)(3)(i)(A)(1) of this clause.

(3) The procedures in paragraph (b)(3)(i)(A)(2) of this clause will no longer apply as of January 1, 2030.

(B) For domestic construction material that is a critical item or contains critical components.

(1) The cost of a particular domestic construction material that is a critical item or contains critical components, subject to the requirements of the Buy American statute, is unreasonable when the cost of such material exceeds the cost of foreign material by more than 20 percent plus the additional preference factor identified for the critical item or construction material containing critical components listed at FAR 25.105.

(2) For construction material that does not consist wholly or predominantly of iron or steel or a combination of both, if the cost of a particular domestic construction material is determined to be unreasonable or there is no domestic offer received, and the low offer is for foreign construction material that does not exceed 55 percent domestic content, the Contracting Officer will treat the lowest foreign offer of construction material that is manufactured in the United States and exceeds 55 percent domestic content as a domestic offer, and determine whether the cost of that offer is unreasonable by applying the evaluation factor listed in paragraph (b)(3)(i)(B)(1) of this clause.

(3) The procedures in paragraph (b)(3)(i)(B)(2) of this clause will no longer apply as of January 1, 2030.

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

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

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

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

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

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

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

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

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

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

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

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

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

FOREIGN AND DOMESTIC CONSTRUCTION MATERIALS PRICE COMPARISON

Construction material description

Unit of measure Quantity Cost (dollars)*

Item 1:

Foreign construction material.

Domestic construction material. __________ __________ __________ Item 2:

Foreign construction material.

Domestic construction material. __________ __________ __________

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

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

[Include other applicable supporting information.]

(End of clause)

52.236-1 Performance of Work by the Contractor (Apr 1984)

The Contractor shall perform on the site, and with its own organization, work equivalent to at least one hundred (100)[insert the appropriate number in words followed by numerals in parentheses] percent of the total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the Government.

(End of clause)

52.243-7 Notification of Changes (Jan 2017)

(a) Definitions."Contracting Officer," as used in this clause, does not include any representative of the Contracting Officer.

"Specifically Authorized Representative (SAR)," as used in this clause, means any person the Contracting Officer has so designated by written notice (a copy of which shall be provided to the Contractor) which shall refer to this paragraph and shall be issued to the designated representative before the SAR exercises such authority.

(b) Notice. The primary purpose of this clause is to obtain prompt reporting of Government conduct that the Contractor considers to constitute a change to this contract. Except for changes identified as such in writing and signed by the Contracting Officer, the

Document Number: AOCACB24R0025 Page 16 of 61

Contracto…